Hoffman, re [2003] NZLLA 46 (12 February 2003)

Last Updated: 17 February 2010

Decision No. PH 46/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARC REUBEN HOFFMAN 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 CHRISTCHURCH on 29 January 2003

APPEARANCES

Mr M R Hoffman - applicant in person
Mr M Ferguson – Christchurch District Licensing Agency Inspector – in opposition
Sergeant J F Armstrong – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mark Reuben Hoffman for a General Manager’s Certificate. The criteria to which we must have regard when considering this matter 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.

[2] Basically the issue is one of suitability to run licensed premises on an unsupervised basis.

[3] In this case Mr Hoffman has included with his application a number of certificates of achievement. He has, for example, completed a course on 29 October 2001 on the Sale of Liquor Act 1989. He has also completed a course in Host Responsibility in July 1996. He is a Kiwi Host with a certificate from the New Zealand Tourism Board, and he has completed a bartenders’ course. He produced a reference from his mother who was a part-owner of Kerry’s Bay Hotel in Port Chalmers, Dunedin.

[4] That reference stated:

“Mark Hoffman has worked as a bar person at Kerry’s Bay Hotel over the past 7 years. Mark fulfilled his role in a multi-tasked position in an excellent manner. His work was always of a high standard. He has proved himself as an honest, reliable, capable and hard-working person. I would not hesitate to recommend Mark for any position in the hospitality trade.”

[5] It now appears that during the 7 year period, Mr Hoffman resided in Christchurch. Over 18 months of that time he had a full-time job as a carpet salesperson. He said that he used to go down to Dunedin from time-to-time to help out as it was a family business. The evidence now discloses that in fact he was never formally employed as a bar person. No wages, or formal PAYE arrangements were put in place. His bills were paid from time-to-time. Accordingly, we have some concern about his experience in particular recent experience in managing licensed premises.

[6] The second matter that needs to be considered is that when asked whether he had convictions Mr Hoffman wrote the words “drink driving, and assault”. A complete list of his previous convictions discloses that he has had difficulty with the law since 1986. He has no less than 5 previous convictions for drinking and driving. The first was at the Youth Court in 1986. Since then he has received convictions in 1987, 1990, 1993, and 1997. In 1993 the level of alcohol in the breath was 1190 micrograms of alcohol per litre of breath. As a consequence, an Assessment Centre order was made meaning that he had to attend over a period of time an alcohol and drug centre, before he could have his licence back. That Assessment Centre order was repeated in 1997.

[7] It was in about 1999 that Mr Hoffman, having completed a course with the Salvation Army, received confirmation that he was now regarded as a fit person to hold a licence. About a year later he drove without having obtained the licence. He also falsely stated that he owned the vehicle, and produced someone else’s driver's licence. As a consequence he was convicted on 23 June 2000 for driving while his licence was revoked, and giving false details. He was fined a total of $1,100, but prior to appearing in the Court, he sat and obtained his driver's licence. Furthermore he has recently completed an advanced driving course, so that he now has his heavy traffic, forklift, and other licences.

[8] He is in a situation where he is unemployed. He would like to obtain a General Manager's Certificate because he would like to continue working in an industry in which his parents have spent some time. It appears that it is unclear whether his parents wish to buy a bar for him to run, or whether he has other friends who may do so. The situation today is that he really has no committed employer prepared to stand by him, with whom he has been working and training, and who wishes to employ him as a general manager.

[9] Mr Hoffman has suggested that without a General Manager's Certificate it is more difficult for him to obtain work in the industry.

[10] The Authority has been confronted by a number of applications over the past 18 months where applicants have completed their training and consequently sought a manager's certificate so that it might be used as a resource to obtain employment. The argument has been that with a General Manager's Certificate they stand a better chance of gaining such employment. What needs to be appreciated is that a manager's certificate enables a person to have sole control over the sale of liquor in a busy inner-city bar. It is argued that without worthwhile recent experience, there is no way that a persons knowledge can be tested and monitored in any practical setting. We have not been prepared to grant certificates where there are no prospects of worthwhile employment in the hospitality industry. We have suggested to such applicants that if they gain experience, and have the committed support of an employer licensee, then a certificate will be issued.

[11] In some cases we have been prepared to ignore convictions or other impediments where an applicant has received on-the-job training, and has the full support of his or her employer.

[12] To issue a certificate without the benefit of worthwhile experience is akin to issuing a work reference where the referee is unaware of the person's ability.

[13] In this case Mr Hoffman seeks some form of authenticity, but we are not prepared to make an exception for him. It is our view that as with other applicants, he would need to work his way up in the industry. It is only after gaining such experience and having a competent licensee ready and willing to support him in the sole running of licensed premises, that we would be prepared to grant a General Manager's Certificate. We make those statements against the background of the relatively recent convictions involving a form of dishonesty. If Mr Hoffman had worthwhile experience and training (in a practical sense) within the industry, and the full commitment of an employer, we might be prepared to waive those convictions.

[14] For the reasons that we have tried to articulate, Mr Hoffman has been unable to establish his suitability to be awarded the responsibility of running a public bar in an unsupervised capacity at this time. The application is accordingly refused.

DATED at WELLINGTON this 12th day of February 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Hoffman.doc(ae)