Harris, re [2007] NZLLA 173 (2 March 2007)

Last Updated: 26 February 2010

Decision No. PH 173/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GAYLE EVELYN HARRIS pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at TAUMARUNUI on 14 February 2007

APPEARANCES

Ms G E Harris – applicant
Mrs L E Jones – Ruapehu District Licensing Agency Inspector – in opposition
Sergeant L D Bright – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Gayle Evelyn Harris for the renewal of her General Manager’s Certificate.

[2] Ms Harris was granted her certificate on 8 December 2005. She is 46 years of age and for some time has been a volunteer barperson at the “Manunui Club” hereafter called the Club.

[3] It seems that there may have been a slight misunderstanding when the application was granted. When Ms Harris made her original application, the Inspector was led to believe that Ms Harris would be employed from time to time by the Club and it would be very useful if she was the holder of a General Manager’s Certificate.

[4] The misunderstanding arises from the fact that the issue of employment had not been fully discussed with the Club. It appears that throughout her membership of the Club the applicant has only been employed as a volunteer without reward, other than the fact of having the responsibility of helping to run the Club’s premises.

[5] The application for renewal was opposed on a number of grounds. In terms of s.126 of the Act concerns were expressed about the applicant’s character and reputation and the fact that she does not have current employment with the Club as evidenced from the Inspector’s report.

[6] When Ms Harris came to the District Council in early December at about 10.30 am, the Inspector noted that she had a strong smell of liquor about her. She was asked to submit a reference confirming that she had employment within the industry. Three days later she delivered a document from the “Manunui Club”. At that time it was again noted that she had a smell of liquor about her. This was at 11.00 am.

[7] Because Ms Harris drove away from the District Council the Police were notified. Ms Harris was apprehended and produced a level of 400 micrograms of alcohol per litre of breath after being breath tested. As this was not above the allowable limit no further action was taken. However there were concerns both from the Police and District Licensing Agency Inspector because of the implications arising from the belief that Ms Harris was drinking reasonably regularly and early in the day.

[8] Ms Harris disputes any suggestion that she has a problem with the use and abuse of alcohol. She was interviewed by telephone by the Inspector at a later date. She was asked what the average quantity of alcohol was that she would consume. She said eight stubbies a day, although on the day in question she had not had a drink and had not been to the Club.

[9] The object of the Sale of Liquor Act in brief terms is to reduce liquor abuse generally throughout the community. The Act goes on to state that whenever the Agency or this Authority exercises a discretion or a power it must do so in a manner that is most likely to promote the object of the Act. Although Ms Harris refutes any suggestion that she has a problem with the use and abuse of liquor, it is quite clear to us that there are issues which need to be addressed. Accordingly there will be difficulty about renewing the General Manager’s Certificate.

[10] There is another issue and that is this. In terms of s.115 of the Act it is imperative that there is on duty the holder of a General Manager’s Certificate at all times when liquor is being sold to the public. In interpreting that section we have held in the past that it is not necessary for there to be a certificated holder at club premises at all times, because members of the public are not allowed to be on club premises unless as a guest of a member. In such a case there is a significant element of self-discipline. The enforcement of s.115 is not as stringent with a club as it is with licensed premises.

[11] Accordingly, Ms Harris can continue to work as a volunteer from time to time. We see no reason why she cannot be in charge of the Club premises if required by the Club provided a certificated person is available at short notice at any time. Whether the Club would wish to continue with her services is a matter for the Club rather than for us. From our perspective we are here to try and keep standards high and try to raise the level of responsibility within the industry. In the long term we believe that this constant overview will help to reduce liquor abuse throughout the country.

[12] Ms Harris is welcome to reapply at any time if she has full or part-time employment within licensed premises as well as the support of an employer. She will also need to show (other than by self-reference), that there are no issues with liquor abuse. We have consistently tried to support a policy that manager’s certificates are to be working documents. They are not to be regarded as a bankable resource. Our expectation is that holders of General Manager’s Certificates will have employment within the industry as well as the full support of an employer who is prepared to trust the applicant with the running of the employer’s premises.

[13] In this case the reference which was supplied by the Club in December 2006 states:

“Gayle Harris has made herself available as a volunteer/support bar person for the above club over the past 12 months. She is available if we are short staffed at any time.”

[14] In summary we see no reason why that scenario cannot continue. Ms Harris is welcome to reapply in terms of the preconditions set out in this decision, but in the meantime we regret to advise that the application must be declined.

DATED at WELLINGTON this 2nd day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Gayle Harris.doc(aw)