Thomson, re [2003] NZLLA 364 (27 May 2003)

New Zealand Liquor Licensing Authority

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Thomson, re [2003] NZLLA 364 (27 May 2003)

Last Updated: 1 April 2010

Decision No. PH 364/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JENETTE MARCELLE THOMSON pursuant to s.123 of the Act for renewal of a General Manager’s Certificate.

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: Judge E W Unwin – Chairman
Member: Mr J C Crookston - Member

HEARING at CHRISTCHURCH on 12 May 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr M Ferguson – Christchurch District Licensing Agency Inspector – to assist
Sergeant J F Armstrong – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jenette Marcelle Thomson for the renewal of her General Manager’s Certificate. The criteria to which this Authority must have regard are contained in s.126 of the Act. These criteria are:

(a) The character and reputation of the Applicant;

(b) Any convictions recorded against the Applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse;
(d) Any matters dealt with in any report made under s.124 of this Act.

[2] It will be seen that all four criteria are involved in this application. Ms Thomson first received a General Manager's Certificate on 26 January 1998.

[3] It is not clear how long she worked at the “Irish Bar” in Lyttleton. What is clear is that at 9.00 am on Friday 29 June 2001, there was a noise complaint. One of the outside speakers had been inadvertently switched on. Music could be heard in the street. Inside was Ms Thomson as the duty manager and two males. Both the males were drinking what appeared to be spirits. The evidence shows that the owner of the bar had helped to close the bar at 3.00 am, and that Ms Thomson had continued drinking and dancing with two males from 3.00 am until 9.00 am the following morning. The tavern was required to be closed between the hours of 3.00 am until 7.00 am the following morning.

[4] As a consequence of the statement made by Ms Thomson, a prosecution was lodged. Ms Thomson applied for diversion on the grounds that she held a number of management positions.

[5] Diversion was not granted, and on 18 October 2001 Ms Thomson was convicted for allowing persons on premises outside licensed hours. She was fined a total of $350.

[6] Ms Thomson subsequently made application for the renewal of the certificate. She said that she had forward bookings for a number of jobs which were to be run by Events Management in and around New Zealand. She stated that she needed her manager’s certificate for the possibility of such employment.

[7] Ms Thomson was dismissed from her position because of what had happened. She stated that she wished to continue to hold the certificate in view of the possibility of further work in the hospitality industry.

[8] Regrettably Ms Thomson has not appeared to support her application today. It seems to us that had an application been made under s.135 of the Act for the suspension of her certificate, it would likely have been suspended for a period of time. The lapse, important as it was, may not necessarily have justified the refusal to renew the manager’s certificate. On the other hand since Ms Thomson was not prepared to come to support her application, it would seem that she has no further interest in working in the industry.

[9] In those circumstances the application must be, and is, declined.

DATED at WELLINGTON this 27th day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Thomson.doc (ab)