Wyllie. re [2007] NZLLA 789 (21 August 2007)

New Zealand Liquor Licensing Authority

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Wyllie. re [2007] NZLLA 789 (21 August 2007)

Last Updated: 2 February 2010

Decision No.PH 789/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REIHANA MATHEW WYLLIE 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 Gisborne on 7 August 2007

APPEARANCES

Mr R M Wyllie - applicant
Ms A S Joe – Gisborne District Licensing Agency Inspector - to assist
Sergeant C B Neustroski – NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Reihana Mathew Wyllie for a General Manager's Certificate. Mr Wyllie is 26 years of age. He commenced working in licensed premises known as “Westlake Bar” in November of last year. He has presented two supportive references from the previous owner as well as the current owners who are in fact his in-laws. During the time that he has been working in the bar Mr Wyllie has impressed the employers with his management and service skills in dealing with patrons. The report from the Inspector indicates that the referees have observed him asking for appropriate identification and refusing service to patrons who are showing signs of intoxication.

[2] Mr Wyllie is the holder of the Licence Controller Qualification and thereby he fulfills most of the requirements set out in s.126 of the Act. He has, however, three convictions which have resulted in an adverse report. There is a historic conviction in 2001 for failing to comply with a prohibition by an enforcement officer. We understand that this may relate to driving when forbidden to do so. In view of the length of time since the conviction was imposed, we do not see that as particularly relevant to the application.

[3] In May 2004, Mr Wyllie was caught breaching the local liquor ban by having a bottle in a public place. More importantly, on 7 May 2006, Mr Wyllie was found to be fighting. He said that he was drunk. When asked to have a fight, he agreed. He was fined $300 and costs of $130. In this case, there is a minor pattern of offending involving some liquor abuse.

[4] On the other hand, Mr Wyllie has a partner of five years, and two children. He has been appointed as a temporary manager and has been working in that capacity in a relatively busy bar on at least four nights a week since January of this year. There are no noted concerns about his ability to maintain the object of the Act and ensure compliance with the Act's provisions.

[5] The Police have suggested that there should be a two-year stand down period since the last conviction. On the other hand, the conviction itself is a fineable offence only. We think that a period of something like 18 months would be sufficient for Mr Wyllie to show that he has learned from the mistakes of the past and recognises the responsibility of being the holder of a General Manager's Certificate. For his part he says he might drink about two times a week, but this is social drinking only. He stated that he does not indulge in the sort of activity for which he is now responsible for controlling.

[6] In all the circumstances, we believe that the application is not quite ready to be granted, but is well on the way. We propose to adjourn the application for a period of six months. Provided there are no further adverse reports during that period of time, we intend to thereafter grant the application on the papers. If there are further adverse reports then we will reconsider the matter having received the report and either refuse the application or call for further public hearing. In summary therefore, the application is adjourned in anticipation that in six months time, provided Mr Wyllie has kept out of trouble, there will be a grant.

DATED at WELLINGTON this 21ST day of August 2007

B M Holmes
Deputy Secretary

Reihana Wyllie.doc