Gerrard, re [2004] NZLLA 245 (8 April 2004)

Last Updated: 5 March 2010

Decision No. PH 245/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUZANNE BOWMAN GERRARD 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 INVERCARGILL on 24 March 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr M Sarfaiti - Southland District Licensing Inspector - in opposition
Sergeant I C Temple - NZ Police - to assist

RESERVED DECISION OF THE AUTHORITY

[1] This is an application by Suzanne Bowman Gerrard pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard is contained in s.121 of the Act. Those criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] Ms Gerrard was granted a General Manager’s Certificate on 14 January 2002 when she was employed full time at the “Record Reign Hotel” in Gisborne. That certificate was granted even though she had a number of convictions that included assault with intent to injure and two convictions for driving with excess breath alcohol levels. Neither the Police nor the Inspector opposed her application on that occasion.

[3] Ms Gerrard has a Certificate of Achievement from the Tairawhiti Polytechnic certifying that she had fulfilled the described course requirements for a licence controller component of units 4646 and 16705. That certificate was issued on 10 September 2001.

[4] At about the end of 2002 or early 2003 Ms Gerrard returned to Southland where she was born, and she obtained work at the “Wrey’s Bush Hotel”.

[5] Glenys Pippa Anderson and her husband are the proprietors of the “Wrey’s Bush Hotel” near Invercargill. Mrs Anderson said that Suzanne Gerrard was an employee for a period of about five to six months. She started from the beginning of January 2003. Mr Anderson knew her prior to her seeking employment at the hotel. Neither Mr nor Mrs Anderson had heard anything bad about her.

[6] When Ms Gerrard started work at the hotel Mr and Mrs Anderson found that she was an excellent worker and could not fault her. They knew that she had a manager’s certificate but did not realise that it was about to expire. They were looking forward to her being able to give them some relief so that Mr and Mrs Anderson could get away from the hotel from time to time.

[7] Towards the end of January 2003 Mr and Mrs Anderson paid for Ms Gerrard to renew her manager’s certificate. Unfortunately, Ms Gerrard’s application was late, and her manager’s certificate had expired. Ms Gerrard made a fresh application for a General Manager’s Certificate which was opposed by the Police on the grounds of Ms Gerrard’s convictions between 1982 and 1996. The two most recent convictions were in 1990 and 1996 for driving with excess breath alcohol levels of 550 and 1,031 micrograms per litre of breath respectively. Although those convictions were over eight years ago the Police reported that in the last three years Ms Gerrard had been involved in three domestic related incidents where alcohol had been an aggravating feature. The Police contended that Ms Gerrard’s convictions and her continued misuse of alcohol made her unsuitable to be the holder of a General Manager’s Certificate.

[8] When Mrs Anderson learnt of the Police opposition to Ms Gerrard’s application she was horrified, and following a meeting with the Police she felt that Ms Gerrard had been “hard done by”.

[9] Mrs Anderson said that when Ms Gerrard moved into the hotel with her daughter she did not drink at all for the first month. Later, Mrs Anderson noticed that Ms Gerrard began to drink while she was working although she did not appear to be drinking very much. Mrs Anderson was puzzled as to how Ms Gerrard could get so intoxicated on what was seemingly a small amount of alcohol.

[10] At about this time Mrs Anderson was spending Monday to Thursdays in Te Anau. She was often accompanied by her husband. They began to leave Ms Gerrard in charge of the hotel for a couple of nights at a time. The arrangement seemed to be working well until Mrs Anderson received a call from the licensee of the nearby hotel stating that the “Wrey’s Bush Hotel” had been closed early. Mrs Anderson began to watch Ms Gerrard more closely. She observed that Ms Gerrard seemed to be working very long hours on Thursdays which was unusual. From that time on Mrs Anderson noticed that Ms Gerrard was working well when Mrs Anderson was in the hotel, but as soon as Mrs Anderson left the hotel Ms Gerrard’s attitude towards her work declined.

[11] Over time Ms Gerrard’s drinking habits became worse, and it was apparent to Mrs Anderson that Ms Gerrard had a drinking problem. On occasions she was late for work, and on two occasions she never even bothered to turn up for work at all.

[12] As time wore on Ms Gerrard’s friends began to turn up at the hotel when Mr and Mrs Anderson were absent. Ms Gerrard’s friends began annoying the locals, and drove them from the hotel. The locals advised Mr and Mrs Anderson that Ms Gerrard would sit in the bar while others did all the work. They reported seeing her remove money from the till, and giving it to her partner which she was not authorised to do. Eventually Mrs Anderson dismissed Ms Gerrard from her employment. It was her opinion that due to Ms Gerrard’s work, drinking habits, her associates, and her mental and physical wellbeing, that she is not a fit and proper person to hold a General Manager’s Certificate.

[13] Arthur John Harris is the Sergeant responsible for liquor licensing matters at Invercargill. When he was processing Ms Gerrard’s application he noticed that her application for a General Manager’s Certificate in Gisborne had not been opposed despite her convictions. When Ms Gerrard made a fresh application on 23 January 2003 for a General Manager’s Certificate due to her failure to renew her original certificate, he considered that her convictions should be reassessed.

[14] Sergeant Harris acknowledged that the convictions were historical but the Police considered that the two convictions for driving with excess breath alcohol levels and a conviction for assault with intent to injure were of a sufficiently serious nature that they should be reconsidered. The Police contended that due to the nature of her previous convictions, her failure to renew her certificate, and the nature of her dismissal from Mrs Anderson’s employ, made Ms Gerrard an unsuitable person to hold a General Manager’s Certificate.

[15] Ms Gerrard did not appear to support her application. By her absence we can only conclude that she has no further interest in pursuing her application.

[16] In all the circumstances Ms Gerrard’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 8th day of April 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Suzanne Gerrard.doc(afw)