Mudge, re [2004] NZLLA 57 (9 February 2004)

Last Updated: 18 February 2010

Decision No. PH 057/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RICHARD ALLAN MUDGE 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 22 January 2004

APPEARANCES

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

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Richard Allan Mudge for a General Manager's Certificate. Mr Mudge is just 18 years of age. He will be 19 on 8 April next.
[2] He made his application for a General Manager's Certificate in August last year. At that time he had been employed by “Star Mart - The Terrace” for only two months. He was interviewed by the District Licensing Agency Inspector and received a pass mark following the interview. He had completed a course of training with D A Richards & Associates. At the time of his application he had the full support of a Ms Anne Thompson who was the multi-site manager for Caltex and Star Mart.
[3] The District Licensing Agency Inspector felt that because Mr Mudge was just 18 years of age, and because he had only two months experience in the hospitality industry, it would be inappropriate to grant the application. Accordingly the application was set down for a public hearing. To some extent the application has been overtaken by the time, because as of today Mr Mudge now has almost eight months experience in the conduct of licensed premises. Furthermore, since 31 October, last he has been working as a temporary manager on Saturday mornings. In answers to questions from the Authority, he displayed no concern about the major problem of supplying liquor to minors. Accordingly, although the Inspector’s adverse report was appropriate at the time, it has less impact now.
[4] In a case of another young applicant known as Daniel Stuart Goddard LLA PH 206/2002 the Authority laid down certain conditions which would need to be fulfilled before an application could be granted. These were that the young person would be:

• [a] Of a minimum age of 18;
• [b] Have had at least six months experience in working in licensed premises;
• [c] Undergone training by the employer and be the holder of a General Manager's Certificate;
• [d] Completed a course of training on the Sale of Liquor Act as approved by the Inspector; and
• [e] Supplied a written undertaking that he would not utilise his General Manager's Certificate for any on-licence premises without the written approval of the Inspector.

[5] In this case Mr Mudge has undertaken that if granted the application he would only use his certificate working for “Star Mart”, unless he receives an exemption either from the Inspector or from this Authority. In those circumstances, Mr Mudge has fulfilled all the criteria which have been laid down in Goddard’s case. Although the premises are described as particularly busy, we think that up to eight months experience is sufficient.
[6] The application is accordingly granted.

DATED at WELLINGTON this 9th day of February 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

ramudge.doc(aw)