Anderson [2003] NZLLA 952 (15 December 2003)

Last Updated: 26 January 2012

Decision No. PH 952/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARISE JEANETTE ANDERSON 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 8 December 2003

APPEARANCES

No appearance by or on behalf of the applicant
Mr R Hunt - Auckland District Licensing Agency Inspector - to assist
Mr R G Poole - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Marise Jeanette Anderson for a General Manager’s Certificate. Ms Anderson made her application through Liquor Licensing Consultants 2000 Limited. The application was not opposed by the District Licensing Agency Inspector. It was his view that Ms Anderson displayed a satisfactory knowledge of her legal responsibilities to hold a General Manager’s Certificate. He noted that Ms Anderson had not appeared before the Court since March 2001, over three years ago, and that she had gained experience working for the Otahuhu Recreational and Sports Society Incorporated, for well over 12 months.

[2] The application was supported by a reference from the Society. The reference indicated that Ms Anderson had started work as a part time barmaid. Over the last nine months Ms Anderson had assisted the Secretary/Treasurer with a number of extra matters including the weekly bar and poker machine takings. Ms Anderson was described as polite, honest, reliable and conscientious.

[3] There were other references available to the Authority. Ms Anderson was contacted and has confirmed with the Authority that she still has the employment and that the application is therefore important to her. Ms Anderson was not made aware of the hearing because notice had been sent to her agent. The matter came before us because of the Police concerns which related to convictions recorded against Ms Anderson. The Police report showed that there were convictions in 1989, 1993 and 2001. The convictions all related to issues involving shoplifting.

[4] When the matter was called, Mr Poole indicated that in view of the lapse of time it is unlikely that any Police opposition would continue.

[5] Taking into account all matters, we are satisfied that any lessons that require to be learned have been learned. In the light of her support systems currently in place, we believe that Ms Anderson will comply with the law. Her suitability has been established to our satisfaction.

[6] For those reasons the application will be granted.

DATED at WELLINGTON this 15th day of December 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Marise Anderson.doc(afw)