Colqhoun [2007] NZLLA 1159 (1 November 2007)

Last Updated: 15 February 2010

Decision No. PH 1159/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAIME-LEE ELIZABETH COLQHOUN 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 P M McHaffie

HEARING at WANGANUI on 17 October 2007

APPEARANCES

Ms J L E Colqhoun – applicant
Mr J D Bonner – Wanganui District Licensing Agency Inspector – in opposition
Senior Constable R F Willemsen – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jaime-Lee Elizabeth Colqhoun for a General Manager's Certificate.

[2] The criteria to which we must have regard are set out in s.121 of the Act. Ms Colqhoun qualifies in terms of some of the criteria. She is the holder of the Licence Controller Qualification. She was interviewed by the Inspector and displayed a good knowledge of the Act and host responsibility practices.

[3] Ms Colqhoun filed her application with the Agency on 4 December 2006. One of the matters which drew an adverse report was a relatively long list of previous convictions. The convictions commenced in 1996 but ceased in 2004. Over the period of eight years Ms Colqhoun amassed some 22 convictions mostly for dishonesty. It seems that she made a conscious decision in early 2004 to rid herself of persons who were leading her astray, and to turn her life around. Her intention was to lead a pro-social lifestyle, and she has succeeded by not having convictions over the last three and a half years.

[4] The second issue relates to the fact that that criteria set out in s.121 of the Act, requires us to take into account experience, in particular recent experience, that the applicant has had in controlling any licensed premises. Ms Colqhoun has worked as a part time bar person at the "Wanganui Greyhound Racing Club". This is a relatively active club, but it appears that Ms Colqhoun has worked when required when there are special functions. We have previously stated that experience gained in working in a club is unlikely to be sufficient to warrant the grant of a General Manager's Certificate. That is because in a club the patrons are self regulated by the fact that they are members of the club and would lose their membership if they misbehaved.

[5] There is an entirely different proposition between management of a club and the running of an inner city bar. Ms Colqhoun is a student at present. She has made a large number of applications to obtain work in the hospitality industry without success to date. It was because of the fact that so much time has passed that the matter was scheduled for a public hearing.

[6] In terms of the period that Ms Colqhoun needs to be free of criminal offending, we would have thought a period of four years might be appropriate. That date is coming up and will be due by January next year.

[7] In all the circumstances we have decided to adjourn the application for six months. That means of course that the previous convictions would no longer be seen as an impediment to the granting of a certificate. The issue for Ms Colqhoun now is whether she can obtain employment in the hospitality industry, and whether she can be promoted in that employment to a managerial role. It will be necessary for her to obtain the committed support of an employer who is prepared to leave the running of his or her business in the hands of Ms Colqhoun. These are our expectations before we are prepared to grant a General Manager's Certificate.

[8] If Ms Colqhoun is able to achieve those objectives during the adjourned period then we would certainly be prepared to have another look at the matter, and perhaps give a favourable answer. If on the other hand she still has difficulties, then a decision will be made whether or not to allow a further period of time for her, or whether the application will have to be refused.

[9] Those are matters for the future in the meantime the application is adjourned for a further hearing in approximately six months but when circumstances permit.

DATED at WELLINGTON this 1st day of November 2007

B M Holmes
Deputy Secretary

Jamie-Lee Colqhoun.doc(aw)