Ellis [2005] NZLLA 859 (5 December 2005)

Last Updated: 24 January 2012

Decision No. PH 859/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANGELA JOY ELLIS 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 HASTINGS on 23 November 2005

APPEARANCES

Ms A J Ellis - applicant
Miss M Naicker - Napier District Licensing Agency Inspector - in opposition
Senior Sergeant A L Sloan - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Angela Joy Ellis for a General Manager’s Certificate. The application was filed with the Whangarei District Licensing Agency back on 30 May 2004. At that time Ms Ellis was just 20 years of age, and she was working at licensed premises in Whangarei known as “Profile”. She included with her application references from a director of the company which operated the licensed café, as well as a positive reference from a co-worker.

[2] Ms Ellis was able to enclose her history of working in licensed premises which dated back to June 2002. Ms Ellis also enclosed a certificate of achievement from Brent Jones and Associates Limited, confirming that she had completed units 4646 and 16705 which demonstrated knowledge of the Sale of Liquor Act and Host Responsibility.

[3] The Licensing Sergeant in Whangarei checked with the various former employers, and it is fair to say that the general response from those employers was negative. As a consequence, the Police opposed the application based on three grounds. One was the lack of experience in supervising other staff. The second was the lack of maturity, and the third was the indications of the concerns about Ms Ellis’ general suitability.

[4] It is accepted that those reports are all hearsay. To some extent Ms Ellis was able to give her own perspective in relation to those matters. Nevertheless, they have to be of some concern. The criteria for which the Authority must take into account and consider are set out in s.121 of the Act, and include the character and reputation of the applicant. That is the relevant criteria in this case.

[5] The District Licensing Agency Inspector was present in an assisting capacity. The Police have nothing to go on other then the report from Sergeant Clement of Whangarei. It now appears that Ms Ellis has been working since May 2005 with the “Taradale Club”. That is not known as a problem style premises. Ms Ellis works on a part time basis. There is no reference from the club, and Ms Ellis has indicated that if she was able to obtain a certificate, then she might be able to obtain further hours of employment. She contended that the application for the certificate was supported by the club.

[6] She says she has grown up in the industry and that the lessons of the past have been learned. She presented reasonably well in the witness box. She is now 21 years of age and will be 22 next April. The fact that there is no reference or supporting person from the “Taradale Club” is a matter of concern particularly in the light of the negative reports from former employers. In those circumstances it seems to us appropriate that the application should relate to a Club Manager’s Certificate only, as that is Ms Ellis’ only current form of employment. However, before that can be granted Ms Ellis should have a further opportunity to continue working at the club, and hopefully to be appointed as a temporary or acting manager provided the provisions of ss.128 and 129 have been complied with.

[7] We propose to adjourn the proceedings for a minimum of six months. During that time it may be that Ms Ellis can be appointed from time to time as a temporary or acting manager thereby gaining experience. During that time we would expect to receive a report confirming that the club supports the application, and intends that Ms Ellis will be appointed as a manager. That reference will have to be checked by the Police.

[8] If there are no other major concerns then the proposal is to grant a Club Manager’s Certificate on the papers. It has been explained to Ms Ellis that this will be a gradual process in the light of the concerns expressed by Sergeant Clement. In the future it may be possible for her to obtain the full advantage of a General Manager’s Certificate.

[9] The application is adjourned on those terms.

DATED at WELLINGTON this 5th day of December 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Angela Ellis.doc(aw)