Harriman [2005] NZLLA 829 (24 November 2005)

Last Updated: 23 January 2012

Decision No. PH 829/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUMMER-ROSE AULA HARRIMAN 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 TAUMARUNUI on 8 November 2005

APPEARANCES

No appearance by or on behalf of applicant
Mrs L Jones - Ruapehu District Licensing Agency Inspector - to assist
Constable G Alabaster - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Summer-Rose Aula Harriman 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 that the applicant holds:
(e) Any matters dealt with in any report made under section 119.

[2] The criterion of principal importance in this case is the character and reputation of the applicant. The Police have opposed the application on that ground. Constable Alabaster provided evidence that Ms Harriman is unsuitable to be the holder of a General Manager’s Certificate because of her association with a person who has a criminal history. Consequently, the Police are concerned that because of that association and the nature of the clientele of the bar that Ms Harriman could be easily pressured into supplying alcohol to patrons who are intoxicated or who are on the premises after hours.

[3] The Police also expressed concern that because of Ms Harriman’s youth and the fact that the bar mainly services seasonal workers, Ms Harriman would be unsuitable to control such licensed premises.

[4] The Police advise that Ms Harriman is not currently living at the lodge and she has moved away from the area with her partner. It is not known whether Ms Harriman is still employed in the industry. It appears from the evidence that Ms Harriman may no longer be working in the industry.

[5] The Authority is guided by its previous decisions, in particular the case of Deejay Enterprises Limited LLA 531 – 532/97 where it is stated:

"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."

[6] The Authority has also said on a number of occasions that it is not in the business of granting certificates so that they may be used as part of a person’s curriculum vitae or indeed as a bankable resource. There are over 35,000 certificated general managers in this country. It is the current wisdom that many of those are simply holding certificates without using them.

[7] Ms Harriman has not appeared today to support her application. By her absence we can only conclude that she longer wishes to pursue her application.

[8] In all the circumstances Ms Harriman’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 24th day of November 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Summer-Rose Harriman.doc(aw)