McVeigh, re [2002] NZLLA 34 (7 February 2002)

Last Updated: 17 February 2010

Decision No. PH 34/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ADRIAN JOHN McVEIGH 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 INVERCARGILL on 28 January 2002

APPEARANCES

No appearance by or on behalf of the applicant
Ms D M McDonald – Invercargill District Licensing Agency Inspector – in opposition
Sergeant A R Christie – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Adrian John McVeigh for a General Manager’s Certificate. The criteria to which this Authority must have regard are contained in s.121 of the Act. The criteria read:

“(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:

and:

(e) Any matters dealt with in any report made under section 119 of the Act.”

[2] It appears that Mr McVeigh arrived in Invercargill from Auckland to lease premises here in Invercargill known as “Saints and Sinners”. In his application under Item (g), “Has the applicant been convicted of any offence?” Mr McVeigh wrote, “Not as far as I can remember”.
[3] The evidence from the Police discloses that at the time of the application, Mr McVeigh had one conviction for theft in the Nelson District Court. The conviction was recorded on 10 March 1992 when Mr McVeigh was aged 20 years. The conviction resulted in a period of supervision for six months. Since the conviction occurred well over five years previously, it is not thought that this on its own would have prevented the granting of a General Manager’s Certificate. However, the Police have other concerns.
[4] One of the matters of concern was relevant training, in particular recent training. Under that heading Mr McVeigh wrote that he had had training from Swain and Associates, Licensing Consultants, in 1996. He said that he would attend a licensing course within the next two weeks. There was no proof of either. Enquiries were made with Swain and Associates but these were inconclusive. Records prior to 1999 are not kept by that Agency on the basis that they are no longer relevant ‘recent’ training records.
[5] There were other concerns from the Police. There was a suggestion of an alteration to a birth certificate. Police Constable Gordon Brett Pay starting making enquiries. He asked Mr McVeigh to provide a copy of his birth certificate. Mr McVeigh agreed to do so but made no further contact. He left town about that time and is believed to be in the Wellington area. A charge under the Crimes Act has been laid. It was called in the Invercargill District Court on 21 December 2001. A warrant was issued for Mr McVeigh’s non-appearance. It is still to be executed.
[6] There were other enquiries currently being undertaken by the Invercargill Police. One such enquiry involves an allegation relating to a national karaoke competition apparently run by Mr McVeigh and his partner. There are also suggestions that when Mr McVeigh left the “Saints and Sinners” nightclub in Invercargill without notice, money was still owed to creditors.
[7] The net result of all these matters is that the Police are not happy about the suitability of Mr McVeigh to hold a General Manager’s Certificate. Those concerns combined with Mr McVeigh’s absence from the hearing today, have led us to the same conclusion. We are satisfied that at this stage subject to anything that he may in the future have to say, his character and reputation are such, that combined with his lack of relevant training, he is not a suitable candidate to be the holder of a General Manager’s Certificate.
[8] The application is accordingly refused.

DATED at WELLINGTON this 7th day of February 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

McVeigh.doc(aw)