Andrew [2005] NZLLA 890 (15 December 2005)

Last Updated: 25 January 2012

Decision No. PH 890/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CASSIE FAYE ANDREW 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 HENDERSON on 7 December 2005

APPEARANCES

Mr S J Ansley - for applicant
Mr J P Sheehan - Waitakere District Licensing Agency Inspector - to assist
Sergeant D Norr - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Cassie Faye Andrew for a General Manager’s Certificate. This is the second time this matter has come before us. We dealt with her application approximately two years ago, when she was working at licensed premises known as the “Oval”. It is now apparent that this position was not working out, and she had no further interest in pursuing her application, and did not appear at the hearing. She has confirmed that there was no disrespect in the matter. The result of the hearing was that the application was declined. See LLA PH 771/2003.

[2] Ms Andrew then returned to working at licensed premises known as “Lone Star Café and Bar” which is based in Waitakere City at New Lynn. There is very strong support for her as an employee, and also for her application to be the holder of a General Manager’s Certificate. Mr S J Ansley, a director of the company has seen fit to prepare a brief of evidence, and to appear in her support at the hearing.

[3] Ms Andrew is described by him as an excellent supervisor of staff, and very professional in the manner in which she carries out her position. She is said to be one of the most experienced and valuable staff members, and has been acting as a temporary manager from time to time since the application was filed.

[4] Ms Andrew completed a course of training, and although there was a hiccup in her interview with the Inspector initially, she was eventually able to satisfy him that she had a good knowledge of her obligations and responsibilities under the Act. This knowledge was also confirmed by Mr Ansley.

[5] The reason that the matter has come before us is that Ms Andrew did not set out in correct detail the incidents which had occurred in 1999 and 2000 in the Youth Court. Ms Andrew did mention certain items, but not others. This was a concern to the Police, apart from the incidents themselves. Some resulted in orders being made in the Youth Court in the year 2000. Over five years ago.

[6] Ms Andrew has explained how this came about. She was not aware of our earlier decision when the failure to disclose the same matters was mentioned. Ms Andrew has always been of the view that her appearances in the Youth Court would not be transposed into criminal convictions. It is now clear that these events occurred when she was 17 years of age. As she has stated, she is a quite different person to the young lady who was, it appears, out of control at that time.

[7] We are prepared to accept her explanation and give her the benefit of the doubt. In other words, we do not believe that the failure to disclose the incidents was an intentional attempt to mislead.

[8] Ms Andrew qualifies in respect of all the criteria set out in s.121 of the Act. There are a number of guidelines in existence as to previous convictions, and other incidents of an anti-social nature. The most used guideline is the decision of G L Osborne LLA 2388/95. In that decision the Authority stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[9] There is no question but that some of the matters in which Ms Andrew became involved, were serious. On the other hand over five years has now expired since the offending. We are satisfied that there is very little likelihood of any repetition, and accordingly, we regard Ms Andrew as a suitable person to hold the General Manager’s Certificate. This belief is based on the support which she has from her employer, and the training which she has carried out, and the experience that she has received.

[10] In all the circumstances the application is now granted.

DATED at WELLINGTON this 15th day of December 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Cassie Andrew.doc(aw)