Mcpherson, re [2004] NZLLA 589 (24 August 2004)

Last Updated: 24 November 2010

Decision No. PH 589/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RAYMOND JAMES MCPHERSON 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 12 August 2004

APPEARANCES

Mr R J McPherson - applicant
Mrs J W Edwards - Waitakere District Licensing Agency Inspector - in opposition
Senior Constable J P Loye - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Raymond James McPherson for a General Manager’s Certificate. Mr McPherson fulfils the majority of the criteria set out in s.121 of the Act.

[2] When he filed his application, Mr McPherson included a character reference as well as his certificate which he received from Hospitality Management Consultants Limited, having successfully completed a course under the Act.

[3] Mr McPherson was interviewed by a District Licensing Agency Inspector and displayed a good knowledge of his legal responsibilities as a manager under the Act. There were no objections to the application from the Police.

[4] In his application Mr McPherson was asked whether he had any experience, in particular recent experience, in managing any premises or conveyance in respect of which a liquor licence was in force. The answer to that question was “no”. Mr McPherson is a relatively mature 37 year-old. For the last 24 years he has been working as a self employed disk jockey. He has worked at a variety of licensed premises, but almost exclusively in his specialist capacity.

[5] When he gave evidence, Mr McPherson indicated that there had been one or two occasions when he had actively been involved in the sale of liquor but this has not been for any substantial period of time.

[6] The initial report from the Inspector, indicated that Mr McPherson would be a good manager except that he needed to gain experience. Normally speaking Inspectors look for a period of approximately six months of training on the job, with subsequent support from an employer. Six months in many cases may not necessarily be on a full time basis.

[7] The position is this. In our view, it would be inappropriate to issue a General Manager’s Certificate when one of the more important criteria has not been fulfilled. If the application were granted, we would be effectively offering a reference to a future employer that Mr McPherson was qualified to run the licensed premises on his own without supervision. Such a reference would have been issued without knowing whether Mr McPherson had the relevant ability to be able to assess matters such as intoxication, or underage drinkers, or indeed how to manage a bar, and ensure the safety of the people drinking at the bar.

[8] We propose to adjourn these proceedings for nine months. This is not a refusal. During that period of time Mr McPherson is invited to see whether he can obtain experience in managing licensed premises. If he can satisfy the Inspector that he has the experience, then we would be happy to grant the application on the papers. If on the other hand there are still concerns, then the matter may have to be either adjourned further, or refused.

[9] The application is adjourned accordingly.

DATED at WELLINGTON this 24th day of August 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Raymond McPherson.doc(afw)