Heta [2006] NZLLA 876 (11 October 2006)

Last Updated: 25 January 2012

Decision No. PH 876/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VICTORIA ELLEN HETA 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: Ms P A Ballard

HEARING at KAIKOHE on 25 September 2006

APPEARANCES

Ms V E Heta – applicant
Sergeant P J Davis – NZ Police – in opposition
Mr J A Thorne – Far North District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Victoria Ellen Heta for a General Manager’s Certificate. In coming to a decision about this matter the Authority is required to take into account a number of criteria. These criteria are set out in s.121(1) of the Act as follows:

(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 controlling 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 evidence that the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[2] As far as Ms Heta’s character and reputation is concerned, she comes before the Authority with two signed references and a commitment to work in the industry supported by her current and previous employers.

[3] The second matter relates to convictions recorded against the applicant. In this case there are two such convictions which were entered in the Rotorua District Court on 8 June 1999 and referred to offending within the previous 12 months.

[4] The third matter relates to any experience, in particular recent experience that the applicant has had in controlling any premises in respect of which a licence is in force.

[5] Ms Heta has been working at licensed premises known as the “Zane Grey Otehei Bay Restaurant” in the Bay of Islands. This is an island which is only accessible by water or helicopter. It is a resort which is available mainly for tourists and is generally open at lunch time. There can be special functions in the evening.

[6] Ms Heta has been the temporary manager there since 6 March last. She was appointed by the previous owners and has been encouraged in her application by them as well as the current owners. There have been no adverse incidents since she has helped to control the premises.

[7] The fourth matter relates to relevant recent training. In this case Ms Heta is the holder of a Licence Controller Qualification. She was informally interviewed by the Inspector in May of this year. He has no opposition to the application apart from the matters raised by the Police. Ms Heta has spoken well at the hearing and is clearly supportive of the Police expectations and the need to create a safe environment both for herself and for her patrons.

[8] The evidence is that back in 1999 Ms Heta became involved in a serious matter. On 8 June 1999 she was convicted for possession of cannabis for supply. She received a sentence of imprisonment of one year which was suspended for six months, and she was then ordered to do six months non-residential periodic detention.

[9] Ms Heta has explained her involvement including how the offending happened. There is no reason not to accept her explanation. She presented as a person who is honest. It seems that if there was a connection with a large amount of cannabis, it was through personal family connections, and not because of her own involvement.

[10] At any event the incident occurred some eight years previously. The issue as always is what weight should the conviction be given. As the Police have said, where Ms Heta proposes to use her certificate is an isolated locality. The Police are reliant on managers to operate according to the law as well as best practice guidelines.

[11] On the other hand we refer to the most relevant case of G L Osborne LLA 2388/95 in which the Authority said:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[12] We have always had a concern about drug convictions because often there is a connection with liquor as well as the fact that on some occasions drugs are used in, and traded on, licensed premises. On the other hand Ms Heta’s attitude to her proposed new job was very positive. She says that she is not the person she was eight years ago, and we accept that. She said that is it time for her to move forward in her chosen vocation. We accept that as well.

[13] In our view she has established her suitability to be the holder of a General Manager’s Certificate, and accordingly, the application is granted.

DATED at WELLINGTON this 11th day of October 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Victoria Heta.doc(aw)