Yorke [2008] NZLLA 1018 (25 July 2008)

Last Updated: 27 January 2012

Decision No. PH 1018/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CINDY ATATU YORKE 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 WHANGAREI on 9 July 2008

APPEARANCES

Ms C A Yorke – applicant
Mr D K Dinsdale – Whangarei District Licensing Agency Inspector – in opposition
Sergeant T J Patrick – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Cindy Atatu Yorke for a General Manager's Certificate. The application was filed with the Whangarei District Licensing Agency on 21 September 2007. Ms Yorke at that time had had over 12 months experience working in licensed premises known as "Dusty" in Kaikohe. She commenced her employment at the current licensed premises known as the "Onerahi Tavern" in Whangarei on or about 13 September 2007. She has a very supportive reference from the manager of those premises. The “Onerahi Tavern” is not regarded as problem premises by either the Police or District Licensing Agency. Ms Yorke is the holder of the Licence Controller Qualification.

[2] There was an adverse report received from the Police, supported by the Inspector, because Ms Yorke disclosed that she had a conviction for making a false statement that an offence had been committed.

[3] The facts show that on 22 February 2007, Ms Yorke made a report to the Police in which she indicated that she had been an unwilling passenger in a motor vehicle driven by a person that she did not know. There had been an accident. The statement was substantially true. However, Ms Yorke was trying to hide the name of the person who was in fact driving the motor vehicle at the time of the accident. She sincerely regrets that she made this statement to support another person who showed little gratitude in any event. As a result it is possible that the third party may have avoided being prosecuted for driving with excessive breath or blood alcohol content.

[4] It is not known what the exact circumstances were. We do know that both Ms Yorke and the driver had been drinking. This is the only blemish on Ms Yorke's record. The issue for us is whether or not that record should make a difference to her being granted the privilege of being the holder of a General Manager's Certificate. As the Police have pointed out they are continuously undertaking action to raise the standards of managers engaged in the hospitality industry.

[5] In considering the matter we have taken into account the decision of G L Osborne LLA 2388/95. In that decision the Authority said:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[6] On the other hand the Authority indicated that where there was an isolated excess breath or blood alcohol conviction disclosing no pattern of offending then a minimum of two years might result in subsequent favourable consideration. The policy is that if people can spend a considerable amount of time being conviction-free, then they are able therefore to corroborate their own belief that they have learned from the experiences of the past, and are able to apply such knowledge in a proactive and prosocial way.

[7] In this case Ms Yorke impresses us as a person who would make a good manager. We are supported in that belief by the statement from the licensed premises where she is employed. On the other hand we do not see that we should change the general policy.

[8] Our decision is to adjourn the application for a period of six months. If at the end of that time there are no further adverse matters against Ms Yorke then we intend to grant the application on the papers without a further hearing. We recommend that in the interim period of time Ms Yorke be given the opportunity to serve as a temporary or acting manager provided the provisions of ss.128 and/or 129 have been observed.

[9] The application is adjourned accordingly.

DATED at WELLINGTON this 25th day of July 2008

B M Holmes
Deputy Secretary

Cindy Yorke.doc(aw)