Marner v Maats [2007] NZLLA 1117 (29 October 2007)

Last Updated: 28 January 2012

Decision No. PH 1117/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number 049/GM/61/2005 issued to BENJAMIN JOHN MAATS

BETWEEN CAROLINE ANNE MARNER
(Police Officer of Wellington)

Applicant

AND BENJAMIN JOHN MAATS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at WELLINGTON on 16 October 2007

APPEARANCES

Sergeant C A Marner – NZ Police – applicant
No appearance by or on behalf of respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension or cancellation of a General Manager's Certificate issued to Benjamin John Maats.

[2] The application is based on the grounds that the manager's conduct has been such as to show that he is no longer a suitable person to hold the certificate.

[3] Mr Maats has held his General Manager's Certificate since 2005. The particulars in support of the application relate to a time when Mr Maats was employed as the manager of licensed premises in Wellington.

[4] The evidence shows that between December 2006 and March 2007, the respondent stole approximately $11,000 from the till and TAB account, and a further $18,000 from the gaming machines. In March 2007 a new computer system was going to be installed at the bar. Mr Maats realised that his offending was likely to be discovered. Accordingly he contacted his employer and admitted that he had committed the offences listed above.

[5] He duly appeared in the Wellington District Court on 6 July 2007 in respect of two charges of theft. He was ordered to repay a total of $14,710.84 by way of reparation, and to carry out 400 hours of community work. He was also placed on supervision for a period of six months.

[6] Prior to the hearing, Mr Maats spoke with the Police and advised them that he is not contesting the application. He is of course not employed in the industry at this time.

[7] It is clear to us that his conduct has been such as to bring his suitability into question. In our view, he is no longer a suitable person to be the holder of a General Manager's Certificate, and we believe that it is desirable that his General Manager's Certificate be cancelled.

[8] The final matter is that Mr Maats has not appeared. However, as indicated above he has indicated to the Police that he has no objection to the certificate being cancelled.

[9] For the reasons given, General Manager's Certificate number 049/GM/61/2005, issued to Benjamin John Maats, is now cancelled.

DATED at WELLINGTON this 29th day of October 2007

B M Holmes
Deputy Secretary

Benjamin Maats.doc(aw)