Teki, re [2003] NZLLA 245 (16 April 2003)

New Zealand Liquor Licensing Authority

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Teki, re [2003] NZLLA 245 (16 April 2003)

Last Updated: 5 March 2010

Decision No. PH 245/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANGELA SHARYN TEKI 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 WANGANUI on 2 April 2003

APPEARANCES

No appearance by or on behalf of the applicant
Mr J D Bonner - Wanganui District Licensing Agency Inspector – in opposition
Sergeant P Wood - NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Angela Sharyn Teki for a General Manager’s Certificate. There are five criteria to which the Authority must have regard in considering such an application. These criteria listed in s.121 of the Act 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 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] The application drew adverse reports both from the Police and the District Licensing Agency Inspector, and was accordingly set down for a public hearing. We heard from Sergeant Wood who was in contact with Ms Teki the previous day. Ms Teki advised that she would not be present today as she was unwell.

[3] Sergeant Wood’s concerns related to the fact that the application form had not been completely filled in in relation to previous convictions, and the fact that Ms Teki has used at least four other aliases, and finally the convictions themselves.

[4] Ms Teki has 14 previous convictions for shoplifting although in fairness to her the last convictions were recorded in 1995. It may well be that she has since turned her life around. However the other aspects of the application which concern us relate to the report received from the District Licensing Agency Inspector.

[5] The Inspector referred to the fact that he had received two excellent references from the Wanganui Pirates Rugby/Football and Sports Club, and also from the Provincial Hotel in Wanganui. Both references were apparently supportive, and therefore the Inspector was surprised that there was no indication of such support at the hearing.

[6] Mr Bonner’s concern related to the interview which he is required to conduct in order to ascertain an applicant’s knowledge of the Act. Although Ms Teki had produced a certificate that she had completed a course of training, she had great difficulty in answering any questions about her knowledge of her responsibilities under the Act. Mr Bonner noted that she had no recall of the questions at all. He put some of the problem down to her nervousness, and attempted to help with the questioning. He went to the trouble of contacting the Liquor Licensing Bureau to establish whether the completion of the certificate had not been without difficulty. This was confirmed. The Inspector was advised that three attempts were made at the exam.

[7] Mr Bonner advised in his report that Ms Teki is currently attending adult reading and writing classes at the local polytechnic. He complimented her on her efforts, but in the final analysis acknowledged that the duty of the agency and the Authority is to be satisfied that the applicant will obey the law. Mr Bonner asked how that was possible if one did not necessarily know what the law was.

[8] When we look at this case in the round, and note the lack of any appearance, and the lack of any support, we are left with the conclusion that we could not be satisfied that Ms Teki is a suitable person to have the privilege of a General Manager’s Certificate.

[9] For the reasons that we have tried to articulate, the application must be refused.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Teki.doc(afw)