Huriwaka, re [2004] NZLLA 467 (23 July 2004)

Last Updated: 27 April 2010

Decision No. PH 467/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BARRY LEONARD HURIWAKA 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 WELLINGTON on 14 July 2004

APPEARANCES

Mr D A Richards - for applicant
Sergeant G D Verner - NZ Police - in opposition
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Barry Leonard Huriwaka for a General Manager’s Certificate. In this case as in all cases, the Authority is bound to take into account the criteria listed in s.121 of the Act. These criteria include:

(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] The main emphasis is on the convictions incurred by Mr Huriwaka, and to some extent an error which he made when he completed his application. This could lead to the issue of suitability.

[3] Mr Huriwaka completed his application on 10 April 2004. Mr Huriwaka has recently turned 27 years of age, and he accepts that he has had a relatively chequered history. He commenced offending in 1994 but all offending stopped in the year 2000. Included in the offending were three charges which involved cannabis. The last offence was one of shoplifting for which a conviction was recorded on 10 July 2000.

[4] It is noted that all offences resulted in a fine or community service. Mr Huriwaka said that after the last conviction in 1999, which involved cannabis, he made the decision that his life had to change. He stated that he moved away from Wellington to Rotorua to sort himself out. He eventually returned in the year 2000 to work with his father.

[5] Regrettably he became involved in an incident involving the theft of a small quantity of meat from a supermarket for which he was fined $350. Mr Huriwaka said that it was a stupid, absentminded action on his part, and he neglected to include that particular conviction when he completed his application form. He was asked in the form whether he had previous convictions. He acknowledged he had. When asked to advise the details he said that he wished to discuss those details with the Police, but there had been no convictions or offences in the last five years.

[6] As the Sergeant has correctly pointed out, the Authority has always been concerned about any failure to disclose completely, a full list of convictions because of the possibility that that could indicate dishonesty and therefore lead to a conclusion about suitability.

[7] On the other hand, Mr Huriwaka gave evidence that in January 2004, he obtained his first real break and was offered employment at the “Sharella Motor Inn”. He started as a food and beverage assistant but his main duty has been to tend the bar at the hotel. “Sharella Motor Inn” is well known in Wellington, and the majority of persons who drink there are those that are lodgers. In other words those who are staying at the hotel.

[8] In this case the application has an extra dimension in that Mr Richard Foon, the General Manager of the motor inn has seen fit to come and offer his full support to the application. He has given Mr Huriwaka a very thoughtful and supportive reference. He has described Mr Huriwaka as punctual, motivated and reliable, and he finds him to be diligent, responsible, honest and trustworthy. In fact he said that he would have no hesitation in leaving the hotel in the hands of Mr Huriwaka during his absence. The hotel employs up to 47 people, and Mr Foon places Mr Huriwaka in the top ten of those employees, because of his reliability and motivation.

[9] It is the motivation which has led the Authority to accept that Mr Huriwaka may well have stopped taking cannabis. As indicated earlier, he made the decision to do so in late 1999. It has not been that long since he has not consumed cannabis. On the other hand it is clear to us (even though the decision to change is a matter of self reporting, without independent corroboration), that he has seen the light. It is to be hoped that that will continue.

[10] The Sergeant of Police has drawn our attention to previous decisions of the Authority. In the final analysis the decision rests on whether we are satisfied that Mr Huriwaka meets the criteria, and can be relied upon to uphold the law. It is true that he is working in an environment where the law is not inclined to be broken. Nevertheless we take the view that he has only been working in this motor inn since January. Although he has had previous experience working in licensed premises, none of the experience has been detailed or confirmed, and we retain a slight nervousness about the reliability of his decision to give up any involvement with cannabis.

[11] It is the lack of experience more than anything else that leads us to the view that we will adjourn these proceedings for six months. We do that on the basis that during that period of time Mr Huriwaka can be appointed as a temporary manager provided the criteria set out in s.128 of the Act have been met. We take the view that over the next six months Mr Huriwaka’s performance and management can be monitored. If there are no other incidents reported in six months time then we propose to grant the application on the papers. If there are reservations still expressed by the reporting agencies, a further public hearing may be necessary.

[12] Finally it needs to be stressed that it is the positive aspects which the employers have expressed which has led us to the view that the application should not be refused.

[13] It is adjourned accordingly.

DATED at WELLINGTON this 23rd day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Barry Huriwaka.doc(afw)