Max, re [2003] NZLLA 238 (16 April 2003)

New Zealand Liquor Licensing Authority

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Max, re [2003] NZLLA 238 (16 April 2003)

Last Updated: 4 March 2010

Decision No. PH 238/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL LEO MAX 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 PALMERSTON NORTH on 31 March 2003

APPEARANCES

Mr D L Max – applicant
Mr M P Weir – for Horowhenua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Daniel Leo Max 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] When he made his application in January 2002, Daniel had just turned 18 years of age. The primary reason for his making the application was so that he could work for his father’s off-licence in Levin. This is a stand alone bottle store known as “Max Liquor”.

[3] The concern of the District Licensing Agency Inspector was the question of experience. In the event that concern could not be answered, because the applicant went to Australia. He returned in early October 2002. While he was in Australia, Mr Max worked for some two and a half months in a bar which operated under an on-licence.

[4] It appears from what we have been told, that this was a fairly large complex although we have no written confirmation of the employment. When he made his application, Mr Max had completed a Certificate of Achievement with Brett Jones and Associates Limited. The evidence has shown that over the last seven years he has been effectively brought up in the industry.

[5] While he was at school he worked with his father on a part time basis in the school holidays. His level of responsibility has gradually increased as he has matured.

[6] When he came back from Australia, Mr Max worked in one of the now three liquor stores owned by his father and mother. We have heard from Mr Max senior who has assisted in the training, and therefore the gaining of experience for his son.

[7] The applicant Mr Max junior, is currently attending a course in photography in Palmerston North. He is flatting in Palmerston North. Since he arrived in Palmerston North in February of this year, he has worked for two months for a bar in Palmerston North doing two or three shifts per week. So it is fair to say that despite his age Mr Max has on and off-licence experience.

[8] Although the District Licensing Agency Inspector still expressed some reservations about commitment and experience, having heard from Mr Max we are not of the same view. We have taken into account that any manager’s certificate is for the duration of one year only. That is regarded as a probationary year and it gives any applicant the opportunity not only to do well, but also to see whether or not he can uphold the responsibility of being a manager. Furthermore Mr Max has undertaken that if granted a General Manager’s Certificate he will only use that certificate as a general manager in respect of off-licensed premises. No other use will be permitted without the prior written approval of either the District Licensing Agency Inspector, or this Authority.

[9] We would have reservations about Mr Max’s ability to run on his own a busy inner city bar. In our view, the stresses and strains of running an off-licence, and the potential for liquor abuse or breaches of the Act are reduced in an off-licensed premises. In those circumstances we accept the undertaking, and accordingly, we have little hesitation in granting the application.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Max.doc(afw)