Brickland, re [2003] NZLLA 241 (16 April 2003)

New Zealand Liquor Licensing Authority

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Brickland, re [2003] NZLLA 241 (16 April 2003)

Last Updated: 5 March 2010

Decision No. PH 241/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CLARA BRICKLAND 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

Mrs C B Brickland – applicant
Mr M P Weir – for Horowhenua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Clara Brickland for a General Manager’s Certificate. In considering such an application the Authority is bound to have regard to five criteria which are listed 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] In this case there are no concerns about Mrs Brickland’s character and reputation. She has no relevant convictions either. She completed with the assistance of the Learning Centre, a course in unit 16705 with Innovative Educators of Levin.

[3] The concern of the reporting agencies was her experience, in particular recent experience, in managing any premises or conveyance in respect of which a licence was in force. Mrs Brickland produced a reference from the “ Post Office Hotel” in Foxton. She worked there some ten years ago. As the Inspector has pointed out, there have been vast changes since then in the law relating to the sale and supply of liquor to the public.

[4] The application was filed back in April 2001. It was put on hold to enable Mrs Brickland to obtain relevant experience. Although she was working on a part time basis with “Rosie’s Café and Bar”, the proprietor of that establishment was not prepared to confirm that Mrs Brickland had sufficient experience as a duty manager, or had the necessary skills to work in that capacity.

[5] In the event Mrs Brickland ceased her employment at “Rosie’s” about June 2002. She currently has a full time four day a week job at the Kimberley Centre. She works as a nurse aid with intellectually handicapped people. She enjoys the work, but the Kimberley Centre has an uncertain future.

[6] Mrs Brickland believes that when the centre closes down, she would like to return to the hospitality industry. As a consequence she would like to pursue the current application, so that she has the necessary qualifications prior to her returning to that industry. We have no reference from “Rosie’s Café and Bar”, and there is no way of knowing when it will be that the Kimberley Centre will close. Had there been certainty with either of those matters we may have been prepared to adjourn the application.

[7] The Authority has stated in the past that it is not in the business of providing manager’s certificates so they can be utilised as part of a person’s CV or as has been stated, as a ‘bankable resource’ for the future. Granting a certificate in these circumstances is in our view tantamount to granting a reference when the person signing the reference is unsure about the competence of the person for whose benefit, it is being supplied. In other words, until such time as an applicant has the committed support of an employer, and is able to show recent experience in managing licensed premises then an application is unlikely to be granted. In making this decision we accept that recent experience it is but one of the five criteria to which this Authority must have regard.

[8] Experience however is an important issue. In our view, although Mrs Brickland may well be an asset to the hospitality industry, she would have to make application again once she had the committed support of an employer, and is able to show the experience to which we have referred.

[9] In those circumstances regrettably the application must be declined. If in the course of time Mrs Brickland finds herself back in the industry, and provided she has the support of an employer, she should make a further application with some confidence that it would be granted.

[10] In the meantime the application must be declined.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Brickland.doc(afw)