Haenga, re [2003] NZLLA 269 (17 August 2003)

Last Updated: 21 July 2010

Decision No. PH 269/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REBECCA HAENGA 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 Haenga – applicant
Miss K P Naylor – Hutt District Licensing Agency Inspector – to assist
Sergeant A F Cappleman – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application made by Rebecca Haenga for a General Manager’s Certificate. In terms of criteria under s.121 of the Act, Miss Haenga has satisfied us as to her character and reputation. In her application, she produced a variety of references attesting to her honesty and reliability. Miss Haenga has worked on a voluntary basis for the Hutt Valley Disabled Resources Trust. There is no suggestion that she is unsuitable.

[2] With regard to convictions, there was a quite serious patch in Miss Haenga’s life between 1989 and 1991. She was convicted on no less than 7 occasions for driving while disqualified. There were also 2 convictions relating to driving with the excess of breath alcohol content, and refusing a request for blood. However, there have been no convictions in the last 12 years. In Osborne’s case, LLA 2388/95, we stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[3] Miss Haenga has been trained by Brett Jones and Associates Limited. She has not only received a certificate from that training provider, but a number of certificates in host responsibility from Food & Beverages Service and a Bar Tenders Course. Miss Haenga did have some work at the "Taita Darts Club", and was a casual bar person for some months, employed by Panda Catering who we understand have the contract with the Westpac Trust Stadium.

[4] The issue in this case is 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. Miss Haenga has had one or two personal issues which have prevented her from obtaining full-time employment. She believes that she is now in a position to work in the hospitality industry. The Authority has said before that we do not grant manager’s certificates so that they can be used as part of a ‘CV’ or as a bankable resource. We look to people who have employment in the industry, and have the full committed support of an employer.

[5] By obtaining employment for a period of, say, 6 months, and obtaining training on the job, then any applicant is in a much better position to obtain a General Manager’s Certificate than would otherwise be the case. We have said in the past, and we repeat, that the granting of a General Manager’s Certificate, without relevant experience, is akin to granting a reference without knowing the competence and capability of the person for whom the reference is being given. We believe that Miss Haenga qualifies for a General Manager’s Certificate, subject to her obtaining necessary experience. We propose therefore to adjourn these proceedings for 9 months.

[6] If, during the next 9 months, Miss Haenga obtains employment in the industry, and has the committed support of her employer, and, if we receive satisfactory reports from the Inspector and the Police, then we would be happy to grant the application on the papers. We would point out that during the period of adjournment, Miss Haenga can be appointed from time to time as a temporary manager. If she is unable to obtain employment, or support from an employer, or does not have sufficient experience in the opinion of the reporting agency, then the matter may have to be set down for a further hearing, or refused.

[7] The application is 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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