Komene [2003] NZLLA 841 (6 November 2003)

Last Updated: 24 January 2012

Decision No. PH 841/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM MAKARINI KOMENE 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 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 William Makarini Komene for a General Manager’s Certificate. Mr Komene fulfils the majority of the criteria set out in s.121 of the Act except on the issue of the convictions recorded against him. There is also the question of his current employment within the industry.

[2] When he made his application some months ago, Mr Komene had completed an approved course covering aspects of the Sale of Liquor Act, and achieved a pass. He had been employed in the hospitality industry for two years as a barman, and it was anticipated that he may be appointed as a manager at the premises which had recently received an on-licence.

[3] The application was opposed by the Police based on two convictions recorded against Mr Komene on 1 August 2002. These convictions referred to a false complaint concerning an alleged burglary. It was reported that a bicycle valued at up to $10,000 had been stolen. The second charge related to a false claim made to an insurance company.

[4] As a consequence Mr Komene was convicted in the District Court in New Plymouth on 1 August 2002, of using a document and making a false statement that an offence had been committed. These offences must be regarded as reasonably serious, and would certainly bring Mr Komene’s suitability to hold a General Manager’s Certificate in to question.

[5] The evidence before the Authority shows that Mr Komene’s position as manager of the recently licensed premises is no longer to be continued with. Mr Komene has not appeared today to seek a further opportunity to become involved in the industry.

[6] Although the offences could be regarded as isolated, they have occurred within the last 14 months. In those circumstances, and in particular the fact that Mr Komene has not appeared to support his application, the application must be refused.

DATED at WELLINGTON this 6th day of November 2003

B M Holmes
Deputy Secretary

Komene William.doc(afw)