Hastings, re [2002] NZLLA 329 (19 July 2002)

Last Updated: 19 March 2010

Decision No. PH 329/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOCELYN SARAH HASTINGS pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at TAURANGA on 2 July 2002

APPEARANCES

No appearance by or on behalf of the applicant
Mr R Burgess – Tauranga District Licensing Agency Inspector – in opposition
Sergeant A J Hicks – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] In dealing with an application for a General Manager’s Certificate, the criteria to which this Authority must have regard are contained in s.121 of the Act. These criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] Miss Hastings satisfies the majority of the criteria. She has completed a Sale of Liquor Act and Host Responsibility course with the Bay of Plenty Polytechnic. She has produced a number of references which speak highly of her general ability to deal with problems which may arise from time to time with her work. She has been employed at the “Office Bar” at Mt Maunganui for almost twelve months. The bar, we understand, is not regarded as a problem premises. In other words, it is normally well run.
[3] The issues that have been brought this application before this Authority relate firstly to a minor conviction, in 1993, under the Crimes Act. That conviction occurred well outside the five year time frame which the Authority normally applies, and we propose to ignore it.
[4] Of more significance is the conviction recorded in the Tauranga District Court on 25 October last year. That conviction was for driving with excessive breath alcohol content. The level was 528 micrograms of alcohol per litre of breath. According to the evidence which we have received, Miss Hastings had been working that evening. The conviction was recorded approximately one month prior to the filing of the application for a General Manager’s Certificate.
[5] In consultation with the District Licensing Agency Inspector, Miss Hastings agreed to defer her application for twelve months. Subsequently she changed her mind. She felt that she had already been penalised for the drink/driving charge, and wanted the matter dealt with by way of a public hearing. It is regrettable that she has been unable to attend today. The enforcement authorities did attempt to contact her on her cell phone.
[6] She had rung the Inspector earlier today requesting copies of the references that she had supplied. We are proceeding on the assumption that there has been a breakdown in communication, and that she had intended to be present. We take the view that her presence today would not have altered our decision in any way.
[7] Our decision is that the original decision of the District Licensing Agency is the correct one. The conviction should be regarded seriously when it relates to an application to be a general manager of licensed premises. It is our view that the application should be adjourned until after 20 October next. That will be a period of time, twelve months following the conviction. It will give further time to the enforcement authorities to ascertain whether there is any repeat offending, or any other problems with regard to Miss Hastings’ work in the industry.
[8] If after 20 October next, we receive reports from both the Inspector and the Police that there have been no matters for concern, then we propose to grant the application on the papers.
[9] The application is adjourned accordingly.

DATED at WELLINGTON this 19th day of July 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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