Ryder [2006] NZLLA 912 (17 October 2006)

Last Updated: 25 January 2012

Decision No. PH 912/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by JACQUELINE ELEANOR PAANIA RYDER 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 WELLINGTON on 12 October 2006

APPEARANCES

Miss J E P Ryder – applicant
Sergeant D A Robson – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jacqueline Eleanor Paania Ryder for a General Manager’s Certificate.

[2] The application was first heard by the Authority on 9 June 2006. See decision LLA PH 426/2006. Miss Ryder had not been properly advised of the date of hearing and accordingly she was given an opportunity to have the matter reheard.

[3] Miss Ryder is a relatively mature person. When she filed her application for a General Manager’s Certificate she was asked whether she had been convicted of any offence and she ticked the box which said ‘no’.

[4] That omission resulted in an adverse report from the Police. The position is that Miss Ryder has a large number of convictions since she was 17 years of age. There is no point in going through the convictions because it is Miss Ryder’s contention that the anti-social behaviour is a part of her past and that she has effectively turned her life around. The issue for us is whether she has established that she has reached the stage where she could be said to be suitable to be the holder of a General Manager’s Certificate.

[5] Miss Ryder stopped offending 10 years ago in 1996. There was one other isolated offence involving dishonesty on 31 May 2000 a little over six years ago and on that occasion Community Service was imposed.

[6] The Police not unnaturally took the view that the failure to disclose the convictions led to a question about suitability. In a decision of Anthony 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.

[7] Miss Ryder has given evidence before us and she wrote a letter of explanation when her application was opposed following the filing of the application back in December.

[8] She stated that she was acquainted with a Police Officer through sport. She believes that she was advised that the convictions were clean slated after a period of five years. She therefore decided that therefore there was no need to disclose the convictions.

[9] As it happens she is eligible under the Clean Slate Act not to disclose her convictions but that will not apply until the seven year period has expired from the date of the last conviction which will be June 2007.

[10] Miss Ryder has been on a benefit for most of her young life. She has brought up four children on her own. When she achieved some excellence in sport she decided to give up her lifestyle and stay away from those who were not supportive of such a change. She has not drunk or taken drugs for a period of about eight years and she does not smoke either. She has satisfied us that she has effectively turned her life around.

[11] Miss Ryder has been involved in the hospitality industry over the last six years working mostly on a part time basis. She is very keen to take on full time work which will enable her to be free of the benefit. She knows from her own experience what over indulgence in alcohol can do to one’s lifestyle. As some one who has been there, she believes that she has the people skills necessary to encourage others to make correct choices.

[12] Her application received the full support of her employer. Miss Ryder was described as helpful, co-operative, reliable and trustworthy.

[13] There has been an incident involving her employment with premises which were known as the “Medway Tavern” and are now known as “Isobar”. The employers have taken a very strong line in relation to a secret shopper programme whereby a 19 year old was able to purchase alcohol without having his identification checked. The incident has now become an issue before the Employment Court.

[14] Miss Ryder is very keen to be reinstated with her former employer. She has produced a petition signed by some of her patrons. In the meantime she has obtained other forms of employment on a temporary basis. Her long term hope is to return to the “Isobar” in Island Bay where she can be employed as a full time duty manager.

[15] The issue is one of suitability and raising standards. It is accepted that the failure to disclose the convictions raised concerns about her suitability. Having heard from her we are satisfied that there was no deliberate attempt to mislead the reporting agencies.

[16] The convictions themselves are now over five years in age and most of them occurred 10 years ago. There is one that happened six years ago but having heard from Miss Ryder we are more than satisfied that that is a matter that will not be repeated.

[17] Miss Ryder made a good impression on the Authority and we believe that the time has come for her to step up and assume the responsibilities of a general manager. We propose therefore to grant the application.

DATED at WELLINGTON this 17th day of October 2006

_________________________
B M Holmes
Deputy Secretary

Jacqueline Ryder.doc(aw)