Fai [2004] NZLLA 881 (14 December 2004)

Last Updated: 25 January 2012

Decision No. PH 881/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CARMEN LELEAI FAI 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 9 December 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr A McMath – North Shore District Licensing Agency Inspector – in opposition
Constable B R Law – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Carmen Leleai Fai pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard are 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 the applicant holds:
[e] Any matters dealt with in any report made under section 119.

[2] The Police and the Inspector opposed the application on the ground that the applicant failed to disclose her convictions when lodging her application. The Inspector suggests that the failure to disclose those convictions raises a question about the applicant’s honesty. The applicant has 21 convictions involving the use of a document for pecuniary advantage and for theft between 18 July 2002 and 24 January 2001.

[3] The Authority is guided by its previous decisions in these matters, in particular the decision of Antony Raymond Johns LLA 974/98 where it was said that we take a various serious view of any failure to correctly report a complete list of convictions. We would also add the case of Valesha Anna Marx LLA 946-947/97 where we said that we usually give added weight to any conviction disclosing two or more serious offences of a similar type.

[4] In Deejay Enterprises Limited LLA 521-522/97 the Authority said "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."

[5] Ms Fai has not appeared today to support her application. By her absence, we can only conclude that she no longer wishes to pursue her application.

[6] In all the circumstances, Ms Fai’s application for General Manager’s Certificate is refused.

DATED at WELLINGTON this 14th day of December 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

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