Read [2003] NZLLA 820 (31 October 2003)

Last Updated: 23 January 2012

Decision No. PH 820/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HINEAHUA BENITA READ 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 PALMERSTON NORTH on 22 October 2003

APPEARANCES

Ms H B Read - applicant
Mrs C F Fouhy - Tararua District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Hineahua Benita Read for a General Manager’s Certificate. There were no objections from the Police to the application, and initially there were no concerns raised by the Inspector. Ms Read has lived in the Ormondville area for a considerable time. She commenced work at the “Settlers Arms Tavern”, and as a consequence of that work, has obtained a Manager Training Certificate from Liquor Industry Licensing Advisors Limited.

[2] Her application was initially supported by the proprietors of “Settlers Arms Tavern” who stated that Ms Read was a great asset to the team, and was found to be trustworthy and reliable. In late March 2003, the proprietors wrote again and withdrew their support. It seems that there were some personal issues which arose between the parties, and Ms Read no longer had employment with that licensed premises.

[3] Ms Read completed an interview with the District Licensing Agency Inspector. She said that she became confused during the interview process. She did not manage to retain all the information that she had received when completing her training certificate. As a consequence, she failed the standard test. Because she was no longer working in the industry, the application was sent to the Authority for consideration.

[4] Since that time Ms Read has obtained part time employment with the “Makotuku Hotel”. We have had the benefit of hearing from Mr Don Stewart, the proprietor of that hotel. He has known Ms Read for a number of years, and has employed her on a part time basis since 20 June 2003. He was under the misunderstanding that he could not appoint her as a temporary manager. He believes that she is a person who will do well in the industry and he supports the application. He takes the view that she was not treated well at her previous employment.

[5] It is clear to us that the interview process with the local Inspector is an important part of the application process. Although people can gain qualifications, they still need to have a basic understanding of the responsibilities of managers of licensed premises.

[6] We propose to adjourn these proceedings therefore for three months. This will have two advantages. Firstly it will enable Ms Read to be appointed from time to time as a temporary manager. Secondly it will enable her to review the various issues, and complete an interview with the Inspector. If we are advised in due course by the Inspector that Ms Read has carried out work as a temporary manager of the hotel, and if she has obtained a pass mark in relation to the standard question and answer interview, then we would be happy to grant the application on the papers.

[7] If there are any further issues then it may be that a further public hearing will be necessary.

[8] The application will be adjourned accordingly.

DATED at WELLINGTON this 31st day of October 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Read Hineahua.doc(afw)