O'Kane, re [2006] NZLLA 202 (27 March 2006)

Last Updated: 28 February 2010

Decision No. PH 202/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL GARRY O’KANE 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 INVERCARGILL on 16 March 2006

APPEARANCES

No appearance by or on behalf of applicant
Ms D M McDonald – Invercargill District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Michael Garry O’Kane pursuant to s.123 of the Act for renewal of a General Manager’s Certificate. The criteria to which we must have regard is set out in s.126 of the Act. Those criteria are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] At the time Mr O’Kane made his application he said he was in between jobs. Mr Smart advised that the Police were not aware of any change to Mr O’Kane’s circumstances.

[3] The Police wanted to establish Mr O’Kane’s knowledge of the Act by him completing a questionnaire. Telephone calls were made to his home but the Police were unable to contact him. The Police also made visits to Mr O’Kane’s home but they were unsuccessful in contacting him there. A message was left with a person at his address. Mr O’Kane did not respond to any of those attempts to contact him.

[4] During enquiries into his application it was established that Mr O’Kane had recently been charged with two offences which relate to incidents on licensed premises in 2001 and 2004. Mr O’Kane has pleaded not guilty to those matters and is yet to appear in the Invercargill District Court.

[5] Mrs McDonald, the Invercargill District Licensing Agency Inspector, advised that Mr O’Kane has held a General Manager’s Certificate for 10 years and had gained the relevant unit standards through Clubs New Zealand and HSI in September 2003. However, during an interview with Mr O’Kane she noticed that he smelt strongly of liquor, he seemed uneasy, and he did not expect to be asked questions on his knowledge of the Act.

[6] Mr O’Kane was unable to answer several questions in the test. Consequently, Mrs McDonald failed him. Mrs McDonald noted that he had been formerly employed by the “Invercargill RSA” and stated that he was now at the “Southland Bowling Club”. Mr O’Kane has written a letter to the Invercargill District Licensing Agency advising that he needed his General Manager’s Certificate for an honorary unpaid position at the Southland Bowling Club.

[7] Mrs McDonald opined that Mr O’Kane is not a suitable person to hold a General Manager’s Certificate.

[8] Mr O’Kane has not appeared today to support his application. By his absence we can only conclude that he no longer wishes to pursue his application. In all the circumstances Mr O’Kane’s application for the renewal of his General Manager’s Certificate is refused.

DATED at WELLINGTON this 27th day of March 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Michael O’Kane.doc(aw)