Walker, re [2003] NZLLA 253 (17 April 2003)

New Zealand Liquor Licensing Authority

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Walker, re [2003] NZLLA 253 (17 April 2003)

Last Updated: 6 March 2010

Decision No. PH 253/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RACHELLE KIM WALKER 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 WELLINGTON on 3 April 2003

APPEARANCES

Miss R K Walker - applicant
Mrs D M Robertson – Porirua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rachelle Kim Walker for a General Manager’s Certificate.

[2] There are five criteria to which the Authority must have regard when it considers such an application. These criteria are listed in s.121 of the Act and they 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] Miss Walker filed a number of character references, and there are no concerns about her character and reputation. The Police did not oppose the application. Miss Walker had completed a seminar under the Sale of Liquor Act and Host Responsibility, which had been conducted by D A Richards & Associates NZ Limited. When she was interviewed by a District Licensing Agency Inspector she displayed a sound knowledge of the Act.

[3] However, an adverse report was received from the Inspector because of her lack of experience in the hospitality industry. Miss Walker indicated in her application that she had done some casual bar work with the ‘Compass Bar’. The proprietor of that establishment advised that Miss Walker had filled in for absentee staff over a period of approximately 3 or 4 weeks in total. We understand that the ‘Compass Bar’ has since changed ownership. Miss Walker gave evidence to the effect that since she had filed her application, she had not done any further work for that particular bar.

[4] She explained that her original intention in applying for a manager’s certificate was that her partner’s family intended to set up a bar. It was going to be a family type enterprise in which the members of the extended family would assist. That project has not come to fruition. Miss Walker stated that she would like to have a General Manager’s Certificate because it would enable her to further her skills and gain more qualifications.

[5] As we have explained, we are not prepared to grant a manager’s certificate so that it may be used as a bankable resource, or to become part of a person’s Curriculum Vitae. On the other hand, if Miss Walker has full part-time, or permanent part-time work in the industry, and has the full support of an employer, and can show that she has gained the necessary experience, we would have no hesitation in granting the application. As a consequence of her lack of experience, we have decided rather than to decline the application, to adjourn it for up to 9 months.

[6] If, over the next 9 months, Miss Walker is able to show that she has gained the necessary experience, and has the support of an employer, who might use her in a managerial way, then we would be happy to grant the application on the papers, without any further application. Miss Walker would have to satisfy the Inspector that she has achieved that experience. If she is unable to do so after 9 months, then either we would have to call for a further public hearing, or decline the application.

[4] The application will be adjourned accordingly.

DATED at WELLINGTON this 17th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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