Sines, re [2003] NZLLA 449 (24 June 2003)

Last Updated: 17 April 2010

Decision No. PH 449/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STEPHEN GRANT SINES 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 HAMILTON on 30 May 2003

APPEARANCES

No appearance by or on behalf of the applicant
Mr P Challis – Matamata Piako District Licensing Agency Inspector – to assist
Sergeant F A Grace – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Stephen Grant Sines for a General Manager’s Certificate. Mr Sines fulfils some of the criteria which are listed in s.121 of the Act. He has a considerable amount of experience in managing premises in respect of which a licence was in force and he has the requisite training. At the time of his application for a manager's certificate Mr Sines was employed at “Café on Broadway” in Matamata.

[2] The Police not unnaturally issued an adverse report following the application. They referred to the fact that the details of previous convictions had not been correctly stated, in particular a serious charge involving theft as a servant had been stated to have been withdrawn, when in fact a conviction had been entered. When the Police discovered that there were convictions in Australia, Mr Sines disputed that he was the person involved. However the Police evidence shows that as a result of fingerprint examinations it was Mr Sines who had been so convicted.

[3] The evidence discloses that Mr Sines has a history of dishonesty. In 1993 he was convicted of some four charges, three related to obtaining a benefit by deception and one related to theft. He was ordered to do 250 hours of community service and placed under a suspended sentence for some two years, and fined a total of $500. In 1997 Mr Sines was convicted of theft and received a fine and was ordered to pay reparation of $340. On 17 November 1999 Mr Sines was employed as a duty manager at “Valentines Restaurant” at the Basin Reserve in Wellington. A large amount of money was left in the safe from the takings from a lunch and dinner the day before. Mr Sines removed the money totalling $2,466.60 and, although he denied the facts, he was convicted and sentenced to non-residential periodic detention and ordered to pay reparation of that amount of money. There was no indication that that money has been paid at this time.

[4] Finally we received advice that Mr Sines no longer has his employment with the “Café on Broadway”, his services having been terminated under suspicion of more dishonesty. In all those circumstances the Authority has no hesitation in adopting the guidelines suggested in Osborne LLA 2388/95, in which a five year period was suggested for serious offending. The pattern in this case indicates to us that Mr Sines is not a suitable person to have the privilege of a General Manager’s Certificate. This finding is to some extent confirmed by Mr Sine’s absence from the hearing and it seems to us that he no longer is interested in pursuing a career in the hospitality industry.

[5] We have no hesitation in refusing the application.

DATED at WELLINGTON this 24th day of June 2003

B M Holmes
Deputy Secretary

Sines.doc(nl)