Abbott [2003] NZLLA 898 (26 November 2003)

Last Updated: 25 January 2012

Decision No. PH 898/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KAREN IRONE ABBOTT 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 TAURANGA of 17 November 2003

APPEARANCES

Ms K I Abbott - applicant
Mr R F Burgess - Tauranga District Licensing Agency Inspector - in opposition
Sergeant A J Hicks - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Karen Irone Abbott for a General Manager’s Certificate. The criteria to which this Authority must have regard, are set out in s.121 of the Act. In this case, the relevant criteria are the convictions recorded against the applicant, and her experience and in particular recent experience in managing premises in respect of which a licence has been in force.

[2] Ms Abbott filed her application in September 2003. At that time she had been working at “Deano’s Bar and Grill” in Mount Maunganui for approximately 11 months. She had had some historical involvement with other licensed premises as well. Ms Abbott disclosed that she had two convictions for driving with excess breath alcohol.

[3] The first conviction was in 1997. On that occasion Ms Abbott had a breath alcohol level of 501 micrograms of alcohol per litre of breath. She was fined and disqualified. On 18 October 2000, Ms Abbott received her second conviction for similar offending. On that occasion the level of alcohol on her breath was 830 micrograms of alcohol per litre of breath. Once again Ms Abbott was fined and disqualified.

[4] It is noted that three years have elapsed since the last conviction, and there has been no suggestion that the pattern of offending that had developed was being continued. The application drew an adverse report from the District Licensing Agency Inspector. His concern was based partly on the two convictions because he felt that they required some explanation. The second aspect of his concern related to the fact that Ms Abbott had been employed at “Deano’s Bar and Grill”. Those premises were described as problem premises.

[5] The District Licensing Agency Inspector had brought an application under s.132 and s.135 of the Act for the suspension or cancellation of the on-licence and the suspension or cancellation of the manager’s certificate, because of the fact that there had been a number of serious breaches under the Act.

[6] Subsequent to the filing of those applications, the person held to be responsible for the breaches of the Act, sold the premises to his partner. We understand that that person no longer has any managerial role on the licensed premises. As a consequence of the sale the Inspector has been obliged to withdraw the application pursuant to s.132 of the Act.

[7] This means that Ms Gabriel Ann Barnett is currently running the premises pursuant to a temporary authority. She has given evidence before us today supporting the application for a General Manager’s Certificate. Her employee Ms Abbott, has proved to be a valued and trusted employee. It was the Inspector’s view that because of the training and experience that Ms Abbott has gained at “Deano’s Bar and Grill”, that she requires more training and better experience under a different licensee. In other words he has taken the view that because of the number of serious breaches of the Act, and the fact that Mr Rosso, the previous owner of the company is regarded as unsuitable to hold a licence, that any experience gained under him counts for little. Such experience should be obtained managing the premises alongside and under the tutelage of competent and trained holders of General Manager’s Certificates.

[8] We agree with his assessment. We acknowledge that it is appropriate that Ms Abbott should have some training and experience as a temporary manager so that she can conduct the premises on her own, and at the same time have her work monitored both by the new owner and by the reporting agencies. We think that the period of time is sufficiently long for us to be able to set the two convictions to one side. For her part, Ms Abbott denies that there is any problem with the abuse of liquor. Certainly she does not drink while she is working.

[9] The decision of the Authority therefore is to adjourn this application for six months. This is primarily to enable Ms Abbott to be appointed as a temporary manager and for her to work as a temporary manager and gain experience both as a temporary manager, and under tutelage from others. At the end of that time if there are no adverse reports received from either the Inspector or the Police, then we propose to grant the application on the papers. If there are concerns raised about the management of the premises, there may have to be a further public hearing.

[10] The application is adjourned accordingly.

DATED at WELLINGTON this 26th day of November 2003

Judge E W Unwin Mr J C Crookston
Chairman Member Abbott Karen.doc(afw)