Walker [2003] NZLLA 915 (28 November 2005)

Last Updated: 25 January 2012

Decision No. PH 915/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KIAL JAYMZ WALKER 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 AUCKLAND on 20 November 2003

APPEARANCES

Mr K J Walker - applicant
Constable A R Gentry - NZ Police - in opposition
Mrs S Markovina - Rodney District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Kial Jaymz Walker for a General Manager’s Certificate. There are number of criteria to which this Authority must have regard in considering such an application. These criteria are listed in s.121 of the Act. Mr Walker fulfils the majority of the criteria. The only areas of concern relate to a conviction recorded against him which has an impact on his character and reputation.

[2] At the time when he made his application in July 2003, the conviction was sufficient for the Police to file an adverse report, and accordingly the matter was set down for a public hearing.

[3] The District Licensing Agency Inspector has confirmed that Mr Walker has completed a course of training with Hospitality Management Consultants Limited. He was interviewed and in the opinion of the Inspector would qualify as a suitable holder of a General Manager’s Certificate. Mr Walker has had experience in working in licensed premises for a good part of his adult life, and since he made his application has been appointed as a temporary manager of the “Kaipara Tavern”. Although those licensed premises have been the cause of concern in the past, we have gained the impression that they are currently being well run.

[4] On 12 July 2000, Mr Walker was convicted of possession of cannabis. This was his first conviction. The charge was originally laid by way of a charge of possession of cannabis for supply. It seems that Mr Walker was working at the bar of “Bassics Bar and Brasserie” in Kumeu. His bag was searched and a small plastic bag was found containing cannabis. There were in total approximately five deal bags. Although the charge was laid as possession for supply, the charge was reduced as possibly a matter of convenience. Mr Walker pleaded guilty and was fined $50 with Court costs.

[5] Mr Walker has given evidence before us. He has explained how much he regrets the fact that he has this conviction, and in particular that it was imposed in the District Court in the presence of his grandfather. He says that he is into sport in a big way, and he no longer uses the drug for recreational purposes. He gave evidence as to what he might do if confronted by others in his bar who may use the drug.

[6] On the basis of what we heard we are satisfied that Mr Walker should be given an opportunity to step up from his current employment, and take on the position of a general manager albeit by way of a 12 month probationary year.

[7] In making this assessment we are fortified by four references which have been filed by Mr Walker, including confirmation from his employer that his application is supported. By and large Mr Walker obviously has the ability to do well in the hospitality industry. We take the view that the application has to some extent been overtaken by time, and that a period of three years is probably sufficient since the isolated conviction, to establish that Mr Walker has put that past behind him.

[8] The application is accordingly granted.

DATED at WELLINGTON this 28th day of November 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Walker Kial.doc(afw)