Saywell, re [2003] NZLLA 225 (8 April 2003)

New Zealand Liquor Licensing Authority

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Saywell, re [2003] NZLLA 225 (8 April 2003)

Last Updated: 2 March 2010

Decision No. PH 225/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SANDRA EUNICE SAYWELL 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 NELSON on 26 March 2003

APPEARANCES

Mr P Bellamy – for applicant
Mrs A J Ward-Hamilton - Nelson District Licensing Agency Inspector – to assist
Sergeant T V Walker - New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sandra Eunice Saywell for a General Manager’s Certificate. At the commencement of this decision we remind ourselves of the criteria to which we must have regard in 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:

(e) Any matters dealt with in any report made under section 119.

[2] As always we are also governed by s.4(2) of the Act which states that every decision we make should be done in a manner which is most likely to promote the object of the Act which really relates to the reduction in the abuse of liquor.

[3] In this case the issues to be determined relate to Ms Saywell’s character and reputation and a conviction which happened when she was approximately 20 years of age. The evidence before us discloses that at the time in July 2001, Ms Saywell was working at a business in Christchurch and was in charge of the cash registers. There had been shortages. She and another person were seen on video to have been taking money. Ms Saywell admitted that this was the case. She said that she had taken a total of $240 on three separate occasions between 1 July and 22 July 2001. She said that she believed others were doing this as well.

[4] Ms Saywell has explained how she became involved in this way. She was flatting and she had to pay some bills. In our view, she has clearly suffered from that offending, is remorseful, and has acknowledged that the thefts were serious breaches of trust.

[5] She was convicted on 8 October 2001, on one charge of theft as a servant and ordered to undertake 30 hours of community service. Holiday pay was deducted so that the employer was refunded. We believe it is important to note that at that time she was not working in licensed premises, and there was no suggestion that there was any abuse of liquor issues. Nevertheless the Police quite properly brought the matter to the attention of the Authority when Ms Saywell made her application.

[6] The application was supported by a certificate to confirm that Ms Saywell had completed a one day course with Brett Jones and Associates Limited supported by a positive reference from the “Grumpy Mole Saloon” in Nelson where she is employed. There was an additional reference from a person who had known her for four years, and vouched for her integrity and honesty notwithstanding the poor decisions which she had made in the past.

[7] Ms Saywell has now been working at the “Grumpy Mole” for about 18 months since October 2001. An updated reference from her employer states that she has full control of the bar operation, although she works alongside certificated managers. The owners have found Ms Saywell to be an effective and capable manager. The bar is busy, and she is able to perform in a strong and effective way in carrying out her managerial responsibilities. In other words the application has the full support of the employer.

[8] In coming to a decision on this matter we have taken into account that the conviction was disclosed to the employer. It was also disclosed in the application for a General Manager’s Certificate. Ms Saywell appeared to us as a confident young woman showing a good and sound knowledge of her responsibilities to the Act. She seems to us to be very focussed. It was our view that because there had been no abuse of alcohol, because of the positive references she had received, and because any grant of a manager’s certificate is for one year only, that she should be given the opportunity to progress in the hospitality industry.

[9] In coming to this decision we point out that although in Osborn’s case the suggestion has been that the date of conviction is relevant, we prefer to look at the date of offending. It is almost two years since the offending happened. As the conviction relates to only one of the five criteria in the Act, we have decided that it is appropriate in this case to grant the application.

[10] It is accordingly granted.

DATED at WELLINGTON this 8th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Saywell.doc(afw)