Nahu-Godfrey [2008] NZLLA 1042 (29 July 2008)

Last Updated: 27 January 2012

Decision No. PH 1042/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing pursuant to s.110(3) of the Act of an application by TOMMY THOMASIA NAHU-GODFREY pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at AUCKLAND on 8 July 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Tommy Nahu-Godfrey for the renewal of her General Manager's Certificate. This is the third occasion on which this certificate has been before the Authority.

[2] The first occasion was in 2002 (LLA PH 734/2002). This was for the renewal of the certificate. On that occasion it was noted that the certificate had been issued on 31 January 2000. The evidence showed that Ms Nahu-Godfrey had not used the certificate since it had been issued. There were a number of concerns but in the event we were satisfied that because of the delay in hearing the application, the certificate would be renewed and a further renewal would be decided in 2004.

[3] On the second occasion (LLA PH 1224/2007), the application for renewal was objected to by the Police based on potential suitability issues arising out of four charges, including two of assault on the Police, one of resisting the Police, and one of refusing a request for a blood sample. These charges were yet to be dealt with but resulted in an adverse report from the Police.

[4] In the event Ms Nahu-Godfrey failed to appear at the hearing. In her absence her application for renewal was refused. This led to a letter being received from Ms Nahu-Godfrey stating that she was innocent until proved guilty. She indicated there could have been a miscarriage of justice. Accordingly it was decided to allow her a rehearing in respect of that matter. The case was duly set down for a hearing and notices of the hearing were sent out. In her letter, Ms Nahu-Godfrey referred to the fact that she was represented by a barrister and solicitor whose name and address was given. The barrister and solicitor was accordingly sent copies of the notice of hearing.

[5] On 1 July last, the Authority received a letter from Ms Nahu-Godfrey. She explained that she was working in a doctor's surgery and would be unable to attend the hearing. She said the proceedings had taken 19 months to be dealt with and all the charges had been dismissed. She indicated that she would like her certificate renewed so she could resume work at the RSA immediately.

[6] As was stated in the first decision, we do not grant manager's certificates so they can be used to complete a curriculum vitae or as a bankable resource. In this case, a check has been made with the RSA where Ms Nahu-Godfrey had conducted some work. It was indicated that she ceased work at that facility over 12 months ago. It is therefore apparent that there is no current support for Ms Nahu-Godfrey to be working in the industry. We note that Ms Nahu-Godfrey has failed to appear in support of her application and we have not heard from her lawyer.

[7] Despite her letter, we are not satisfied that it is appropriate for the certificate to be renewed, particularly as there is no current employment in the industry. If in the course of time Ms Nahu-Godfrey obtains the support of the RSA, then no doubt she would be able to make an application for a Club Manager’s Certificate. Provided there were no adverse reports we see no reason why the application should not be granted.

[8] In the meantime, and in the absence of the applicant (for the second occasion), the application is now refused.

DATED at WELLINGTON this 29th day of July 2008

B M Holmes
Deputy Secretary

Tommy Nahu-Godfrey.doc(aw)