Summers, re [2007] NZLLA 428 (8 May 2007)

Last Updated: 13 February 2010

Decision No. PH 428/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANGELA LEE SUMMERS 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 DUNEDIN on 26 April 2007

APPEARANCES

Ms Angela Summers – applicant
Mr A Mole – Dunedin District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Angela Lee Summers for the grant of a General Manager’s Certificate.

[2] In all applications we are required pursuant to s.121 of the Act to have regard to five criteria. These criteria are:

(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 managing 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 the applicant holds the prescribed qualification required under section 117A:

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

[3] The applicant in this case is 22 years of age. She has had good experience in controlling licensed premises. She was employed for approximately 12 months at licensed premises known as the "Fitzroy Pub on the Park" where she had a variety of duties and according to the owner was regarded as reliable, honest and a good person dealing with customers.

[4] She started work at the "George Street Night ‘n Day Foodstore" in September 2006 and is still working there. This is a grocery business which has an ancillary off-licence. The sale of liquor is not a major part of the business. According to the directors of the business, Ms Summers is said to be honest, hard working, reliable and a person who communicates well with customers. Ms Summers is recommended for receiving a General Manager’s Certificate. Ms Summers is also the holder of a Licence Controller Qualification.

[5] She filed her application in early December 2006 and has been appointed on a number of occasions as temporary manager ever since. She works a day shift.

[6] The application drew an adverse report from both the Police and the District Licensing Agency Inspector. The Police were concerned that Ms Summers was asked in her application whether she had been convicted of any offence and she ticked the box saying no. Police indicated that Ms Summers did have a long list of previous convictions which had not been disclosed.

[7] The inference drawn by the Police was:

• [a] The lack of disclosure showed an inclination to be deceitful; and
  
• [b] The convictions themselves were of such a pattern as to affect the applicant's suitability.
  

[8] The District Licensing Agency Inspector wrote to Ms Summer pointing these issues out. He noted in particular a more recent conviction, and indicated that he wished to know whether the application was to continue by March of this year. The letter was written on the basis that if the Agency had not heard by then, the matter would be referred to the Authority. Ms Summers did not respond to the letter and the matter was duly set down.

[9] Ms Summers has appeared before us. She stated that she did not disclose the convictions because she felt that this would affect her ability to get employment. She said that having a General Manager’s Certificate would help her to get work. She stated that she was on the benefit and felt that this was the only option. She has great difficulty in talking about her past. She said that one of the reasons that the convictions were not disclosed is that the last conviction was in February 2004 almost three years previously. Although there is now a more recent conviction.

[10] This conviction resulted from an incident in January 2007 when there was an incident involving a flatmate and a row that escalated into violence. There was an open slap to the head and a consequential conviction in the District Court resulting in the applicant being ordered to pay $500 by way of emotional harm to the victim. We understand that this amount will be paid within one week.

[11] From her perspective Ms Summers has pointed out that none of the convictions that she has incurred, involved liquor abuse. We have not received a copy of the convictions, and therefore the only matters for consideration are the reports made under s.119 of the Act from both the Police and District Licensing Agency Inspector.

[12] Ms Summers is currently engaged to be married. She is very keen to retain her employment. There is further concern that her employers are probably unaware of her past. We have no wish to be a party to any other form of deception. Finally we should add that Ms Summers has undertaken that if she is granted the privilege of holding a General Manager’s Certificate it would be used only for her current employment, working at the licensed premises known as the "George Street Night ‘n Day Foodstore". If Ms Summers ever wishes to change her employment and utilise her General Manager’s Certificate in another environment, then she would require to obtain an exemption from the District Licensing Agency Inspector or if necessary from this Authority.

[13] In all the circumstances we have decided that we will not decline the application at this time. It will be adjourned for our maximum period of 12 months. It is probable that we would like a further public hearing in or about that time. We would like to have the opportunity of interviewing Ms Summers' employers but that is a matter for the applicant.

[14] We see no reason why Ms Summers cannot continue with her involvement in the hospitality industry, and retain her appointment as a temporary manager. There is a certain amount of work yet to be done including the fact that of course Ms Summers will need to remain conviction free during the following 12 months.

[15] At this stage, normally speaking, we might have indicated that we would grant the application on the papers after 12 months of her being trouble-free. We are not prepared to do that at this time. Rather we believe that in the circumstances, a further public hearing should be called and the matter then reconsidered.

[16] The application is adjourned accordingly.

DATED at WELLINGTON this 8th day of May 2007

______________________
B M Holmes
Deputy Secretary

Angela Summers.doc(aw)