Te Waaka, re [2003] NZLLA 208 (3 April 2003)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Te Waaka, re [2003] NZLLA 208 (3 April 2003)

Last Updated: 28 February 2010

Decision No. PH 208/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MELISSA JANE TE WAAKA 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 18 March 2003

APPEARANCES

Mrs M J Te Waaka – in person
Mr M Martin – Western Bay of Plenty District Licensing Agency Inspector – in
opposition
Senior Constable J Fitzgerald - New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Melissa Jane Te Waaka for a General Manager’s Certificate. There are a number of criteria to which this Authority must have regard when considering such an application. These criteria are listed in s.121 of the Act and 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] Mrs Te Waaka satisfies four of the five criteria. There is no question that but for a recent conviction involving liquor abuse, she would be an excellent candidate for managerial responsibility in the hospitality industry. She has been working at the “Ballentyne International Resort and Golf Club” near Katikati since September 2001. Approximately 12 months ago, she was promoted to be the manager of the café within the complex. She currently manages the cafe under a contractual arrangement.

[3] We have heard from a representative from the employer who describes Mrs Te Waaka’s capabilities in glowing terms. He stated that since Mrs Te Waaka has taken over the responsibility of running the café, there has been a step up in the quality of management. Mrs Te Waaka has completed a course under the Sale of Liquor Act with the Bay of Plenty Polytechnic.

[4] There were two issues correctly identified by the Police and the District Licensing Agency Inspector:

• [a] The first was that convictions recorded in 1997, had not been included in the application. Some seven years ago Mrs Te Waaka became involved in dishonesty involving a kindergarten. She believed that she was diverted as a first offender. The record indicates that convictions were recorded on 30 June 1997. In the event she was ordered to do 150 hours of community service and make reparation of $143.45. We understand that reparation has been paid. Mrs Te Waaka believes to this day that she received diversion. She says that she has not even been to the Court, and certainly not done 150 hours of community service. On the balance of probabilities, we accept that the omission to include the convictions was not contrived or deliberate. We ignore that issue. We also not that the offending took place well over five years ago.
  
• [b] The second matter involves a drink driving charge. On 8 December 2001 Mrs Te Waaka had been drinking at home when she was called to pick up her husband from the local tavern. She had a drink with him, and was then stopped on the way back. She stated that she has become more aware of the need to eat while drinking. She regarded the conviction as very embarrassing, and a big lesson.
  

[5] In similar cases reference has been made about the personal qualities expected of managers. The expectations of Parliament are that managers are the persons who carry the full responsibility for the sale of liquor, and for the need to observe the law and the conditions of the licence. Standards of managers have been raised dramatically in the last few years.

[6] As a general rule of thumb, the Authority has indicated that if there are convictions involving abuse of alcohol, or other serious convictions, a stand down period of five years will be considered to enable the applicant to show that he or she can become conviction free. In the case of isolated incidents such as this, a period of two years has been suggested. On this occasion the level of alcohol on the breath was 786 micrograms of alcohol per litre of breath.

[7] We accept that Mrs Te Waaka is working in a non problem premises. We also accept that four of the five criteria have been more than satisfied.

[8] In those circumstances we have decided to adjourn this application for a period of six months. This will take it through to September of this year, which will mean close to two years since the offending took place.

[9] If during that period of time there are no other incidents and we receive a clear report from the District Licensing Agency Inspector, then we would be prepared to grant the application on the papers. If there are incidents then obviously the matter will have to come back before a public hearing.

[10] We point out that in the meantime Mrs Te Waaka can be appointed from time to time as a temporary manager.

[11] The application is adjourned accordingly for six months.

DATED at WELLINGTON this 3rd day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Te Waaka.doc(afw)