Smith, re [2002] NZLLA 504 (13 September 2002)

Last Updated: 23 November 2010

Decision No. PH 504/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHELLE KAREN SMITH 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 CHRISTCHURCH on 5 September 2002

APPEARANCES

No appearance by or on behalf of applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – to assist
Sergeant P R Piper – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Michelle Karen Smith for a General Manager's Certificate.

[2] The application was opposed by the Police. The grounds for the opposition were:

• [a] A conviction for driving, having never held a drivers licence;
• [b] Lack of maturity as exemplified by a disorderly behaviour allegation which was subsequently diverted; and
• [c] Lack of experience in managing licensed premises.
  

[3] When she made her application in October last year, the applicant gave her occupation as a Barista. Her application for a manager’s certificate was supported by Cafele and Company Limited, which traded as the Twisted Poppy Café and Gallery in Dyers Pass Road.

[4] We understand that the business is a small coffee and food business, which has an on-licence. We also understand that Ms Smith had worked there on three nights per week for a limited period of time. A director of the company supported the application, and stated that a duty manager was required to be rostered at all times. The application was supported by an individual reference, and also a certificate from Canterbury Liquor Licensing and Trading, that Ms Smith had completed the liquor licensing course in managing licensed premises.

[5] Ms Smith was convicted in 1998 for driving without a licence. That conviction in itself could not be regarded as a bar to obtaining a manager's certificate. There was no suggestion that alcohol was involved. However, approximately two years ago she was again caught for driving without a licence. On that occasion she was forbidden to drive again until she had obtained a licence.

[6] In September of last year, she was arrested for disorderly behaviour. We accept that the diversion which resulted should mean that the charge itself should not be held against her. On the other hand there were certain facts which led to the charge which are of concern to her maturity and attitude to authority.

[7] In the event Ms Smith has not appeared to support her application. We assume that she may well have lost interest in pursuing it.

[8] We understand that the Twisted Poppy Café and Gallery has changed hands. It is currently closed down pending renovations. It may well be that Ms Smith no longer has any involvement in the hospitality industry.

[9] In declining the application today, we are of the view that the conviction and the behaviour should not necessarily prevent Ms Smith from obtaining a manager's certificate. What she needs is to have some twelve months of solid work in the industry, of which six months would be in the management, or temporary management of licensed premises. Should she be able to achieve that type of record, then she could expect a better result in any future application.

[10] In the meantime, this application is declined.

DATED at WELLINGTON this 13th day of September 2002

Judge E W Unwin J C Crookston
Chairman Member

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