Anderson, re [2007] NZLLA 468 (18 May 2007)

Last Updated: 30 January 2010

Decision No. PH468/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by FIONA JANE ANDERSON 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
Members: Ms J D Moorhead

Mr P M McHaffie

HEARING at AUCKLAND on 10 May 2007

APPEARANCES

Ms F J Anderson – applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Fiona Jane Anderson for a General Manager’s Certificate.

[2] The application is a little unusual in that the reason that Ms Anderson requires a certificate is that for the last two years she has been the hall manager for Barnett Hall, a community hall in Piha. Ms Anderson was encouraged by members of the committee to make application for a General Manager’s Certificate so that she could more adequately manage events and functions for which special licences are obtained. We understand that on average about one special licence per month is granted for activities run at the Hall.

[3] Ms Anderson has a history of involvement with the licensing industry although to some extent it is historical. She has been a caterer and she also is the holder of the Licence Controller Qualification. Ms Anderson is a mature person and in all other respects qualifies to be the holder of a certificate.

[4] The District Licensing Agency Inspector conducted an interview with Ms Anderson and found that she had a good knowledge of her responsibilities to the Act. His concern was based on the fact that she was not actually currently employed within the hospitality industry. He took the view that if she found a position within the industry, then she was welcome to reapply for the certificate.

[5] Ms Anderson has for the last six years or so, leased the Piha Domain camping ground from the Waitakere City Council. There are quite a number of camp sites. Ms Anderson believes that it is necessary for her to have a good host responsibility policy in respect of the camping ground, particularly on public holidays. She stated that on New Year's Eve, a large amount of liquor is consumed, and she feels responsible for the management of such activity.

[6] It has been explained to Ms Anderson that the policy of the Authority is not to issue General Manager’s Certificates in a vacuum. We believe that these documents should be working documents and should not become known as a bankable resource, and to be part of a person's curriculum vitae. However in this case the manager's certificate will be associated with Barnett Hall. Ms Anderson has given an undertaking that if granted a certificate it will be used only for activities which are held by the hall or within the hall. That undertaking will be referred to on the face of the certificate with the words “Undertaking Given”, thereby issuing a warning to any potential employers that there is a tag on the certificate. There can be exemptions granted to that undertaking either by the District Licensing Agency Inspector or by this Authority.

[7] In those circumstances we see it as appropriate that when special licences are issued in respect of activities at the hall, that there be a certificated manager on duty. Although that is not necessarily a requirement under the provisions of the Act, we believe that such an appointment complements the concept of host responsibility.

[8] For those reasons and in view of the undertaking which has been given, we propose to grant the application.

DATED at WELLINGTON this 18th day of May 2007

B M Holmes
Deputy Secretary

Fiona Anderson.doc(aw)