Morgan, re [2007] NZLLA 86 (15 February 2007)

Last Updated: 20 February 2010

Decision No. PH 86/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RANGI MORGAN 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 PAPAKURA on 30 January 2007

APPEARANCES

Ms R Morgan – applicant
Mrs J L Walden – Papakura District Licensing Agency Inspector – in opposition
Sergeant G J Campbell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rangi Morgan for the grant of a General Manager’s Certificate.

[2] The applicant was filed with the Papakura District Licensing Agency in or about March 2006. Unfortunately the way that the application was completed was a little confusing and has led to a number of misunderstandings.

[3] Ms Morgan indicated that she had had three years experience working in licensed premises in a bar in Manurewa, but then produced a reference from licensed premises known as the “Jolly Farmer” in which it was stated that she had been working since April 2005, in administration.

[4] There were discussions between the applicant and the District Licensing Agency Inspector at the time and there were some suggestions offered as to how the applicant could gain the necessary experience to run the premises. The “Jolly Farmer” has an on and off-licence.

[5] Ms Morgan qualifies for the obtaining of a General Manager’s Certificate to some extent. She is currently the holder of a Licence Controller Qualification. She was interviewed by the previous Inspector and he considered that she had a reasonable knowledge of her duties if appointed as a manager under the Act.

[6] The Police not unnaturally were concerned that there had apparently been no previous experience in managing licensed premises. In particular the Police were concerned about the fact that the “Jolly Farmer” was regarded as relatively high risk premises and therefore it would be inappropriate to appoint somebody as a manager to those premises who had limited experience.

[7] Those concerns were not unfounded. Indeed the brief from the Inspector indicated that an ample opportunity had been given for Ms Morgan to obtain the necessary experience but this had not been taken up. However having heard the evidence it now appears that there have been further misunderstandings.

[8] The evidence was that over the last three months Ms Morgan has been working at the “Jolly Farmer” in the bottle store. Her employer has come before the Authority to confirm the employer’s support and to indicate that they regard Ms Morgan as a good employee who has an excellent attitude, particularly towards the sale of liquor to minors and intoxicated persons.

[9] It is quite clear that Ms Morgan does not have the required experience to obtain a General Manager’s Certificate to work in on-licensed premises. It is clear that her application is going to be a process rather than an event.

[10] Ms Morgan had been earlier requested to give an undertaking only to work at off-licensed premises. She did not quite understand what an undertaking was about but she has now given one. Her undertaking is to this effect. She will, if granted a General Manager’s Certificate, only use that certificate in off-licensed premises until such time as she is granted an exemption either by the Inspector or if necessary by this Authority. She cannot be bound forever to work in off-licensed premises. If in the course of time she obtains the necessary experience in on-licensed premises working with a certificated manager, then it may well be that the undertaking can be removed from her General Manager’s Certificate when granted.

[11] As stated she has only been working for three months under a certificated manager. In our view that is not long enough for her to get a full experience of running even off-licensed premises.

[12] What we propose to do is this. We propose to adjourn the application for a period of nine months. During that period we hope that the applicant can be appointed as a temporary manager provided the provisions of s.128 have been complied with. She will then gain experience working on her own in these premises as much as is necessary. She will of course still be subject to the undertaking. At the end of nine months we will call for further reports. If these are by then, satisfactory, we are prepared to grant the application on the papers without a further hearing. The certificate will show on the face of it that the undertaking has been given.

[13] It remains to be seen what happens after that. It may well be that after 12 months of working in off-licensed premises provided she has had sufficient further on-licensed experience, then the issue of whether she can have the undertaking removed, will be reviewed at that time.

[14] The application is adjourned accordingly.

DATED at WELLINGTON this 15th day of February 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Rangi Morgand.doc(aw)