Shelton [2005] NZLLA 891 (15 December 2005)

Last Updated: 25 January 2012

Decision No. PH 891/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOHN ADRIAN SHELTON pursuant to s.123 of the Act for the renewal of 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 D McGill - for applicant
Mr J P Sheehan - Waitakere District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by John Adrian Shelton for the renewal of his General Manager’s Certificate. Mr Shelton was first granted a certificate on 8 April 2002. When he made his application for renewal, Mr Shelton disclosed that he was currently employed at “Countdown” in the Westgate Mall in Waitakere City. The Waitakere City is in a trust area, and obviously the supermarket where Mr Shelton is currently employed, is unable to sell liquor. As a consequence he has no current use for his General Manager’s Certificate.

[2] It transpires that it is now something like two and a half years since the certificate was used. The Authority has had a policy for some time that certificates are neither issued nor renewed in a vacuum. There must be some indication that there is the support of an employer, and that an applicant has work in the industry, either currently, or in the near future. One of the reasons for such a policy is that in attempting to keep up the standards of the holders of a General Manager’s Certificate, it is important that they be aware of any developments in the sale of liquor, and that they are constantly upskilled.

[3] It is accepted that Progressive Enterprises as the umbrella organisation has over 150 stores nation-wide. The company has a positive policy in encouraging employees to obtain General Manager’s Certificates. The company sees a certificate as akin to a qualification when employees apply for a position.

[4] Mr Shelton has a position of some responsibility in the business. We understand that there is a reasonable amount of movement of employees, between the various stores. If a person holds a General Manager’s Certificate then his ability to move from one store to another is enhanced.

[5] We have had a discussion with Mr McGill acting on behalf of Progressive Enterprises Limited, and also with the District Licensing Agency Inspector who was good enough to bring this matter to our attention. We hope that the point has been made that we would like certificates to be used. We would like all employees from time to time, to have the opportunity of accepting the responsibility as a general manager of a store, responsible for the sale of liquor, and responsible for compliance with the Act. In this way, there will be less opportunities for sales to prohibited persons.

[6] It seems that a proposal along the following lines is acceptable to the parties. We propose therefore to renew the General Manager’s Certificate for 18 months. This means that it will fall due again on 24 October 2006, in little less than 12 months time. Over the next period of 10 months or so, we would like if possible for Mr Shelton to either attend a further course of training, or to obtain work within the organisation if necessary, acting as a duty manager.

[7] If he is able to show that this happened when his application comes up again for renewal, then there should be no difficulty about it being approved. If on the other hand the certificate has become redundant, then we give notice that we are unlikely to grant any further renewal.

[8] The application is renewed on those terms.

DATED at WELLINGTON this 15th day of December 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

John Shelton.doc(aw)