Sunnex, re [2005] NZLLA 92 (3 March 2005)

Last Updated: 20 February 2010

Decision No. PH 092/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GEORGE SUNNEX 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 HAMILTON on 2 February 2005

APPEARANCES

No appearance by or on behalf of applicant
Mr J Kee - Waikato District Licensing Agency Inspector - in opposition
Senior Constable N C McIntosh - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by George Sunnex 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 Police and the Inspector both opposed the application.

[3] When Mr Sunnex completed his application form he failed to disclose all of his convictions. When his application was checked by Constable McIntosh it was found that he had convictions from 1998 through to June 2003. The most serious of those convictions was an assault on Police on 2 December 2001. In Antony Raymond Johns LLA 974/98 the Authority said: “We take a very serious view of any failure to report correctly a complete list of convictions.” That statement must now of course be tempered by the provisions of the Criminal Records (Clean Slate) Act 2004 which do not apply in this case.

[4] Mr Kee, the District Licensing Agency Inspector for Ngaruawahia, in a very thorough report, said that when he interviewed Mr Sunnex a number of his statements required further investigation.

[5] Mr Sunnex said that he had been employed at the “Harbour View Hotel,” Raglan where he had gained some practical experience. It transpired that Mr Sunnex had been employed for a short period and his employment was terminated because he was unsatisfactory.

[6] Mr Sunnex had also inferred that he had been employed at the “Delta Tavern” in Ngaruawahia which was the reason that he had applied for a General Manager’s Certificate. The licensee of the “Delta Tavern” advised the Inspector that Mr Sunnex had requested employment, but the licensee had in fact refused Mr Sunnex employment.

[7] Mr Sunnex also supplied a very good reference from a Mr Tukere. Mr Kee found that Mr Tukere was unaware of Mr Sunnex’s previous convictions when he supplied the reference. Mr Sunnex also supplied an unsigned reference from a licensee in Hamilton. Mr Sunnex was asked by Mr Kee to obtain a signed reference. Some months later he had still not supplied the reference so Mr Kee returned the incomplete application to Mr Sunnex.

[8] On 18 August 2004 Mr Kee received a completed application from Mr Sunnex. Another reference was included with it from the Waikato Commerce Club Incorporated, Hamilton. Mr Sunnex had commenced part-time employment as a bar person. When Mr Kee interviewed the manager of the Club, Ms Somerville, she stated that Mr Sunnex had told her that he had a General Manager’s Certificate. However, during the time that he has been employed at the Club Ms Somerville has been impressed with his attitude and personality in respect to the members.

[9] Mr Kee reports that Mr Sunnex is not employed in a situation where he needs a General Manager’s Certificate. He is employed under the supervision of a person who holds a Club Manager’s Certificate.

[10] In Deejay Enterprises Limited LLA 531 – 532/97 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."

[11] Mr Kee’s investigation of this application has revealed Mr Sunnex’s attempts at deception of the District Licensing Agency and his employer. It has called into question Mr Sunnex’s integrity and suitability to be the holder of a General Manager’s Certificate. Mr Kee’s investigation serves to emphasise the importance of the interview process to ensure that undeserving applicants do not receive a manager’s certificate, and that the credibility of the General Manager’s Certificate is retained.

[12] Mr Sunnex has not appeared today to support his application although he had told Mr Kee that he intended to appear. By his absence we can only conclude that he no longer wishes to pursue his application.

[13] In all the circumstances Mr Sunnex’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 3rd day of March 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

George Sunnex.doc(aw)