Hogg, re [2005] NZLLA 217 (20 April 2005)

Last Updated: 1 March 2010

Decision No. PH 217/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NGAIERE IRIRANGI HOGG pursuant to s.123 of the Act for the renewal of a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at INVERCARGILL on 1 April 2005

APPEARANCES

Ms N I Hogg - applicant
Ms D M McDonald - Invercargill District Licensing Agency Inspector - in opposition
Sergeant P R Stratford - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Ngaiere Irirangi Hogg for the renewal of her Club Manager’s Certificate. Ms Hogg has held a certificate since 1994, and is the manager of the “Southland Darts Club”. In that capacity she serves as an unpaid volunteer. We understand that the Club generally functions about once a week in terms of the sale of liquor.

[2] In 1994, Ms Hogg was able to complete the questionnaire from the Agency but since then there have been a number of amendments to the Act. Ms Hogg is employed on a full time basis at the Freezing Works, and consequently her involvement with the Sale of Liquor Act is at best on a random basis.

[3] When she filed her application for the renewal of the Club Manager’s Certificate, Ms Hogg was interviewed by the Inspector in August 2004. It seemed to the Inspector that she was unfamiliar with the current Sale of Liquor Act. The suggestion was made that Ms Hogg complete a course of training. As a consequence, she elected to do the Internet HSI E-Learning course.

[4] The Police have the same reservations about Ms Hogg’s lack of knowledge. Constable Utterage, a member of the Invercargill Licensing Squad spoke with Ms Hogg in May and September 2004. He found that she lacked confidence, and did not have a good understanding of the Act. Accordingly, the Police believe that Ms Hogg would benefit from some form of training.

[5] Ms Hogg has agreed to do the training. She has started on the course on the Sale of Liquor Act. That is Unit 4646 and the Host Responsibility Unit 16705. She is about halfway through the course, but is having difficulty with the Internet and has apologised that the course has not been completed.

[6] In those circumstances it seems appropriate that she not be declined the opportunity to continue with her Club Manager’s Certificate, albeit that her re-training has yet to be concluded.

[7] In the circumstances we propose to renew the Club Manager’s Certificate, but for two years only. This means that it will expire again on 5 May 2006. This is in approximately 12 months time. This will give Ms Hogg the opportunity to complete the course, and to advise the Inspector and the Police that she has done so. If that has happened and she is able to display competent knowledge of the Act, and the responsibilities which go with the holding of a Club Manager’s Certificate, there will should be no difficulty with future renewals.

[8] If on the other hand the course has not been completed, or she has failed it, then the issue of the continuation of her Club Manager’s Certificate will have to be reviewed.

DATED at WELLINGTON this 20th day of April 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Ngaiere Hogg.doc(aw)