Brockelsby, re [2006] NZLLA 50 (15 February 2006)

Last Updated: 17 February 2010

Decision No. PH 50/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM DAVID BROCKELSBY 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 WELLINGTON on 25 January 2006

APPEARANCES

Mr W D Brockelsby - applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - in opposition
Senior Sergeant G D Verner - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by William David Brockelsby for a General Manager’s Certificate. Mr Brockelsby is just 18 years of age having been born on 14 March 1987. He is a student, but has worked for some time at a supermarket in Karori known as “Karori New World”.

[2] He commenced employment with his current employers in November 2002 where he worked for some 12 months. Having been an overseas exchange student, he then recommenced work at the beginning of 2005. Such is his ability that Mr Brockelsby was appointed as a duty manager. That is not a duty manager under the Sale of Liquor Act but as the duty manager for the store, requiring him to carry out certain supervision activities as well as being responsible for a number of customer service matters. According to his very conscientious employers who own and operate this business, Mr Brockelsby has proved himself to be a hardworking diligent employee.

[3] When he filed his application for a General Manager’s Certificate in September 2005, he acknowledged that he had no experience in managing licensed premises. This is but one of a number of criteria set out in s.121 of the Act to which the Authority must have regard. Mr Brockelsby gained a Licence Controllers Qualification. Both the Police and the District Licensing Agency Inspector took the view that because of his age and the lack of experience, the issue should be determined by the Authority.

[4] We note an earlier decision of Daniel Stewart Goddard PH 206/2002 in which we considered the issue faced by the operators of supermarkets and the like, in employing younger persons to assist with the running of the business. We tried to give a number of guidelines in that decision. We suggested that before a person could be expected to be approved, that person should:

• (a) Be a minimum age of 18;
• (b) Have at least six months experience in working in licensed premises;
• (c) Have undergone training by an employer and the holder of a General Manager’s Certificate;
• (d) Completed a course of training; and
• (e) Provided a written undertaking not to utilise the General Manager’s Certificate on any on-licensed premises without the written approval of a District Licensing Agency Inspector or the Authority.
  

[5] The issue then relates to the management of licensed premises and the applicant’s experience. It appears that Mr Brockelsby has always been monitored by the holder of a General Manager’s Certificate. We appreciate the work that has gone in, and we have no intention of declining the application. But we would like to be able to say that the guidelines suggested in Goddard’s case have been complied with in this case. In other words it is our view that there should be a small period of time where Mr Brockelsby would operate as a temporary manager of the licensed premises provided the provisions of s.128 of the Act have been complied with. We should mention that Mr Brockelsby (notwithstanding his age), struck us as a quite mature person who answered the various questions involving enforcement of the Act with confidence.

[6] In this case we propose to adjourn the proceedings for a period of three months. At the end of that period, provided there are no other adverse matters, we intend to grant the application on the papers. We trust that in the next three months Mr Brockelsby can be appointed as a temporary manager. In our view, this will give him enough experience including the type of experience that he has recently undergone, to qualify him for a certificate.

[7] The application will be adjourned accordingly.

DATED at WELLINGTON this 15th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

William Brockelsby.doc(aw)