Roberts, re [2004] NZLLA 276 (29 April 2004)

Last Updated: 9 March 2010

Decision No. PH 276/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AMBER-ROSE ALEXANDER ELSIE ROBERTS 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 ROTORUA on 15 April 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr B C Seamer - Rotorua District Licensing Agency Inspector - in opposition
Senior Sergeant D W Donaldson - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application pursuant to s.118 of the Act for a General Manager’s Certificate by Amber-Rose Alexandra Elsie Roberts. The criteria to which we must have regard is set out 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] At the time of her application Ms Roberts was working at the “Pig and Whistle City Bar” in Rotorua. She had obtained a Certificate of Training from W A Consulting Group certifying that she had completed a course in the Sale of Liquor Act unit 4646 and Host Responsibility Module unit 16705.

[3] The application drew an adverse report from the Police and from the Inspector because of Ms Roberts’ convictions, and her failure to disclose all of them.

[4] When Ms Roberts completed her application she disclosed that she had convictions for “DIC” in March 2002, driving while disqualified in May 2002, another charge of driving while disqualified (undated), and a charge of shoplifting (also undated).

[5] The combined criminal and traffic history sheet provided by the Police discloses that Ms Roberts has five convictions between 16 March 2002 and 17 October 2002. The conviction that Ms Roberts failed to disclose was that she gave false particulars as to her own identity. Senior Sergeant Donaldson said that that conviction related to one of the convictions for driving whilst disqualified on 8 July 2002.

[6] The Authority is guided by its previous decisions, in particular the case of Deejay Enterprises Limited LLA 531 – 532/97 where it was stated:

"The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises."

[7] In Antony Raymond Johns LLA decision 974/98 we said that we take a very serious view of any failure to correctly report a complete list of convictions.

[8] Ms Roberts has not appeared today to support her application. It appears from inquiries carried out by a staff member of the Authority that Ms Roberts no longer works at the “Pig and Whistle”, but she is now employed at an associated premises.

[9] By her absence today we can only conclude that Ms Roberts no longer wishes to pursue her application.

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

DATED at WELLINGTON this 29th day of April 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Amber-Rose Roberts.doc(afw)