Morgan, re [2005] NZLLA 351 (26 May 2005)

Last Updated: 27 March 2010

Decision No. PH 351/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IRENE SARAH MORGAN 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 May 2005

APPEARANCES

Miss I S Morgan - applicant
Mr G S Whittle - Auckland District Licensing Agency Inspector - in opposition
Constable S A Drury - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Irene Sarah Morgan for a General Manager’s Certificate. The Authority is governed by the criteria set out in s.121 of the Act. The relevant criteria in this case relate to Miss Morgan’s character and reputation, and the convictions recorded against her.

[2] There are also concerns about her experience in the conduct of licensed premises, because at this time all her experience has been in assisting with the running of club premises.

[3] Miss Morgan has completed the relevant training. She is a mature individual who speaks well. She has produced a number of favourable references from various persons including members of the club testifying as to her character and reputation.

[4] Miss Morgan filed her application in February 2005, and she recorded that she had one conviction for drink driving in 2001. The facts are slightly different. Miss Morgan has a historical conviction for driving with excess breath alcohol content. This conviction related to offending in 1990. The evidence shows that on 15 February 2002, she was again apprehended and convicted three weeks later for driving after drinking. On this occasion her breath alcohol level was 1,130 micrograms of alcohol per litre of breath. As the Police pointed out this is a very high reading, and obviously the application had to be brought before the Authority in terms of the object of the Act.

[5] Miss Morgan compounded the offending by being apprehended for driving while disqualified approximately three months after being convicted on the drink driving charge.

[6] Miss Morgan has been working at the “Churchill Club” for approximately two years. As stated earlier, she has produced a petition signed by over a dozen members of the club, testifying as to her ability and character. In addition the manager of the club, Mr Collins, has seen fit to write a letter of support, and appear at the hearing. Miss Morgan has explained about the circumstances leading to the two convictions, and has clearly taken personal steps to avoid this happening again. She ceased drinking after the last conviction, and we are satisfied that she has made a real effort to put that behind her.

[7] Miss Morgan is relatively mature. During the hearing, considerable discussion took place as to whether or not this is application is appropriate for a Club Manager’s Certificate, or a General Manager’s Certificate. Both the Inspector and the representative from the Police have indicated a lack of opposition to the grant of a Club Manager’s Certificate. It is felt that if Miss Morgan wishes to become more involved in the hospitality industry then she should apply in 12 months time when the certificate becomes due for renewal. If she can establish that she is working in more public areas involving the sale of liquor, or has the potential to do so, then she may well look forward with confidence to the grant of a General Manager’s Certificate.

[8] For the reasons we have stated the application for a General Manager’s Certificate is amended, and a Club Manager’s Certificate is granted.

DATED at WELLINGTON this 26th day of May 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Irene Morgan.doc(aw)