Walker v Scoltock [2003] NZLLA 223 (7 April 2003)

New Zealand Liquor Licensing Authority

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Walker v Scoltock [2003] NZLLA 223 (7 April 2003)

Last Updated: 1 March 2010

Decision No. PH 223/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number 051/GM/36/01 issued to NICOLA SCOLTOCK

BETWEEN TREVOR VINCENT WALKER

(Police Officer of Nelson)

Applicant

AND NICOLA SCOLTOCK

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NELSON on 27 March 2003

APPEARANCES

No appearance by or on behalf of respondent
Sergeant T V Walker - New Zealand Police - applicant
Mr D Lewis - Tasman District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the cancellation of a General Manager’s Certificate. The applicant in this case is Sergeant Trevor Vincent Walker, the Licensing Sergeant for the Tasman Bays District. The respondent is Nicola Scoltock. The ground for the application is the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

[2] The evidence we have heard shows that Ms Scoltock first obtained her General Manager’s Certificate on 13 July 2001. This was subsequently renewed, and is currently in force to 13 July 2005.

[3] In January 2002, Ms Scoltock started employment with Nelson Holdings Limited trading as "Super Liquor Richmond". The company discovered that it was having shortfalls in sales revenue. Consequently it employed a private investigator. Ms Scoltock was subsequently apprehended for theft as a servant. The video footage and her interview, revealed that she had stolen money from her employer in different ways. Some of the money was stolen when a ‘no sale’ was rung up on the till, some of the money was stolen when sales of bulk spirits were not rung up, and some of the money was stolen when Ms Scoltock was dealing with the Kachingo game promotion. It was estimated that Ms Scoltock took a total of some $1,500, although her employer thought that the amount was greater. In any event Ms Scoltock admitted the theft. She stated that she was under pressure with lots of bills and that everything had caught up with her at once.

[4] She duly appeared in the District Court in Nelson and was convicted and ordered to carry out 150 hours of community work, and to make reparation of $2,570.76. This amount included the estimate of cash stolen, the account for the private investigator and the video surveillance cost. It is not known whether the reparation has been repaid or the community work has been completed.

[5] Ms Scoltock has not appeared to answer the application, and as a consequence the Authority does not have that information available.

[6] The issue then is whether her conduct has been such as to satisfy us that she is no longer a suitable person to hold the certificate. On 1 April 2000, s.115(1) of the Act came into being. That section provides that at all times when liquor is being sold or supplied to the public on any licensed premises, a manager must be on duty and responsible with compliance with the Act and the conditions of the licence.

[7] Since that time the standards of managers has been increased significantly. It is felt that managers will be people of integrity and will obey the law. In this way the object of the Act, being the reduction of liquor abuse will be achieved.

[8] Ms Scoltock has failed such expectations on both counts. Quite clearly her suitability has been brought into question. It is our view that the ground has been established and that it is desirable to make the order.

[9] In doing so we do acknowledge that we have not heard from Ms Scoltock, but in any event it would take us some convincing that she was a suitable person to take on the onerous responsibility of running licensed premises on her own.

[10] For the reasons we have given, and in the light of the evidence we have received, we have no hesitation in ordering that General Manager’s Certificate 051/GM/36/01 issued to Nicola Scoltock is cancelled.

DATED at WELLINGTON this 7th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Scoltock.doc(afw)