Elder, re [2006] NZLLA 40 (15 February 2006)

Last Updated: 17 February 2010

Decision No. PH 40/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROSALIND ELDER pursuant to s.118 of the Act for a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 18 January 2006

APPEARANCES

Ms R B L Elder - applicant
Mr G W Whittle - Auckland District Licensing Agency Inspector - to assist
Constable S A Drury - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rosalind Elder for a Club Manager’s Certificate. When Ms Elder filed her application back in September 2004, she was duly interviewed by the Police. They took the view that Ms Elder was quite young. She was just under 20 years of age. At the time that she filed her application, the Police considered that she lacked the necessary experience to be granted the privilege of a Club Manager’s Certificate.

[2] Accordingly, a notice of opposition was filed, and the matter was duly set down for a public hearing. The Police have accepted that to some extent the application has been overtaken by the process of time. Ms Elder is now 21 years of age. She has been working at the “Outboard Boating Club of Auckland” for some two and a half years. The Club has a large number of members, and it conducts Club activities at least monthly, and these are followed by social occasions. There are also dinners that are held for the members.

[3] The Club has written a letter confirming that they would like Ms Elder to hold a manager’s certificate, so that she can operate the bar as a bar person on her own. Ms Elder has worked for at least 50 hours between June 2004 and June 2005 during which time there were 13 events which she took part in, when she worked under the guidance of the holder of a manager’s certificate.

[4] Ms Elder has given evidence before us and been supported by her father who is in fact the Vice Commodore of the Club. There is no evidence of any liquor abuse at the Club. Although we had some reservations about the answers to questions which were posed to Ms Elder, it seems to us that looking at the criteria set out in s.121 of the Act that she qualifies to be the holder of a certificate. She has the relevant training and she has accepted that for the first 12 months of the operation of the Club Manager’s Certificate, that it would be only used in assisting the licensed business of the Outboard Boating Club of Auckland Incorporated. Following this period of time, the undertaking will no longer be operative. If necessary the undertaking can be varied with the consent either of the Inspector or this Authority.

[5] In the light of the undertaking, and the positive aspects that Ms Elder has presented, we propose to grant the application.

DATED at WELLINGTON this 15th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Rosalind Elder.doc(aw)