Vaalepu, re [2003] NZLLA 255 (17 April 2003)

New Zealand Liquor Licensing Authority

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Vaalepu, re [2003] NZLLA 255 (17 April 2003)

Last Updated: 7 March 2010

Decision No. PH 255/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOHN VAALEPU 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

No appearance by or on behalf of the applicant
Mrs D M Robertson – Porirua District Licensing Agency Inspector – to assist
Senior Sergeant Sargent – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by John Vaalepu for a General Manager’s Certificate.

[2] 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:

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

[3] The only criteria which could be looked at in a positive light, is that Mr Vaalepu has completed a course under the Sale of Liquor Act and Host Responsibility conducted by the Hospitality Training Company.

[4] The Police have raised a number of matters of significance. The first relates to Mr Vaalepu’s failure to complete the application form in detail, and in particular, in relation to his previous convictions. When asked whether he had been convicted of any offence in New Zealand, or any other country, Mr Vaalepu answered “yes”. When asked for details, he recorded “1986 receiving”. In fact, at the time of the application, Mr Vaalepu had two serious convictions. The first conviction was recorded in the District Court at Wellington on 14 August 1997. It was for theft by failing to account, and resulted in fines of $1200. The conviction was recorded just over 5 years ago. As the police pointed out, the conviction could have been regarded as an isolated incident and ignored, had there been none other.

[5] However, on 26 February 2002, in the District Court at Wellington, Mr Vaalepu was convicted of five charges of theft as a servant. He was ordered to pay reparation of $1,435.29, and sentenced to non-residential periodic detention for 4 months. A final warning was placed on his record. The police submitted that Mr Vaalepu had deliberately withheld such information, in order to receive a favourable response to the application. They may well be right. Mr Vaalepu could hardly have forgotten such serious convictions within 11 months of his completing the application form.

[5] In addition, checks were made with referees. It was discovered that although Mr Vaalepu had been working at “Selby’s Sports Bar and Café”, his employment with that establishment terminated shortly after he lodged his application.

[6] Finally, Mr Vaalepu has not appeared today in order to answer any of the concerns which have been raised by the Police and the District Licensing Inspector. In those circumstances the inference to be drawn is that he has lost interest in pursuing the application. In his absence the Authority has no hesitation in finding him a person who is unsuitable to carry out the onerous responsibility of being a manager of licensed premises.

[7] The application is accordingly refused.

DATED at WELLINGTON this 17th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Vaalepu.doc(ab)