Yarrall [2003] NZLLA 840 (6 November 2003)

Last Updated: 24 January 2012

Decision No. PH 840/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TROY RAE YARRALL 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 NEW PLYMOUTH on 28 October 2003

APPEARANCES

No appearance by or on behalf of the applicant

Mr M E Clearwater - New Plymouth District Licensing Agency Inspector -
in opposition
Sergeant M P Prendergast - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Troy Rae Yarrall for a General Manager’s Certificate. The application was filed with the New Plymouth District Licensing Agency some 10 months ago.

[2] Mr Yarrall fulfilled a number of the criteria set out in s.121 of the Act. He had completed an approved course of training in Christchurch in 1999, and he had worked in the hospitality industry for eight years in a number of restaurants and bars around New Zealand. He had also been employed as a duty manager at local licensed premises known as “Chico’s Café”.

[3] The application drew an adverse report from the Police, and was accordingly set down for a public hearing. At the hearing Mr Yarrall did not appear although it was expected that he would do so as he had indicated that he wished to pursue his application.

[4] The evidence from the Police showed that Mr Yarrall has a relatively extensive list and pattern of offending. He commenced offending in 1995 when he was 18 years of age. Over the past eight years, he has incurred no less than 13 convictions. These include two for driving with excess breath alcohol content. The levels in each case were over 700 micrograms of alcohol per litre of breath. The last such conviction was in July 1998.

[5] There are also convictions involving the use or misuse of drugs, and a conviction for driving while disqualified. The last appearance was a year ago, when Mr Yarrall was convicted of obstructing the Police and failing to answer bail. He received a nominal penalty. However on 11 February 2003, Mr Yarrall was again before the District Court in New Plymouth, when he was convicted and discharged for resisting the Police and fined $250 for obstructing the Police.

[6] The charges themselves indicate a possible problem with Mr Yarrall’s attitude and the co-operation necessary for any manager of licensed premises to display to the enforcement agencies.

[7] In the decision Deejay Enterprises Limited LLA 532/97 the Authority said:

The guiding hand or hands on operator of any company or the potential holder of a General Manager’s Certificate now receives greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and by the holders of General Manager’s Certificate who control and manage licensed premises.

[8] In view of the absence from the hearing by Mr Yarrall, and any possible explanation, the Authority has no option other than to refuse the application. Such a finding need not necessarily be infinite. It was stated in the case of G L Osborne LLA 2388/95:

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.

[9] Mr Yarrall will clearly need to rethink the matter. In due course he may well be able to appear before the Authority without displaying what could be described from the convictions as an anti-Police attitude. That is a matter for him.

[10] In the meantime the application is refused.

DATED at WELLINGTON this 6th day of November 2003

B M Holmes
Deputy Secretary

Yarrall.doc(afw)