Sayer, re [2003] NZLLA 155 (17 March 2003)

Last Updated: 22 February 2010

Decision No. PH 155/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KYLIE MAREE SAYER 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 WHANGAREI on 6 March 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr G J de Klerk – Whangarei District Licensing Agency Inspector – in opposition
Sergeant H P Clement - New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager’s Certificate. The criteria to which this Authority must have regard in considering such an application 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; and
• [e] any matters dealt with in any report made under s.119.
  

[2] The issues before the Authority concern allegations about the character and reputation of the applicant, and adverse reports filed by the Police following the filing of the application. There is a third issue about suitability which will be discussed shortly.

[3] When she filed her application in late May 2002, Ms Sayer enclosed a positive reference from “Reva’s On The Waterfront”, a licensed restaurant in Whangarei. Ms Sayer also enclosed a certificate from Hospitality Management Consultants Limited confirming that she had met the training criteria. There was a third equally glowing reference from the “Sitting Duck Café” in Auckland. However, the latter reference was not on any business letterhead.

[4] The Police and District Licensing Agency Inspector decided to interview Ms Sayer, and the interview took place on 12 June 2002. Ms Sayer was then just 22 years of age. Following the interview there were no real concerns about the application. However Sergeant H Clement of the Whangarei Police made a follow up check with a Mr Stevens of the “Sitting Duck Café”. This was partly due to the concerns of the enforcement authorities that the reference was not on letterhead. It transpires that as a result of that conversation, the person who had written the reference had since discovered that foodstuffs and equipment as well as money had gone missing from the café. The losses occurred in circumstances where Ms Sayer was suspected. Mr Stevens had gone overseas in the interim. Because of time constraints, he had decided that it was no longer worth pursuing the matter.

[5] When these matters came to their attention both the Police and the Agency Inspector attempted to contact the applicant. They discovered that she had left employment with “Reva’s” and may well have travelled overseas. She is not present today. In those circumstances, and given the concerns expressed by the former employer, and given her lack of worthwhile involvement in the industry, it seems that she is no longer interested in pursuing the application.

[6] Accordingly, the application is refused.

DATED at WELLINGTON this 17th day of March 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Sayer.doc(afw)