Hanlon [2008] NZLLA 1125 (13 August 2008)

Last Updated: 28 January 2012

Decision No. PH 1125/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JUDITH ANN MATEKORAHA HANLON 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: Dr J Horn

HEARING at HASTINGS on 23 July 2008

APPEARANCES

Ms J A M Hanlon – applicant
Mrs A M Carr – Napier District Licensing Agency Inspector – in opposition
Sergeant N A V Formosa – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Judith Ann Matekoraha Hanlon for a General Manager's Certificate.

[2] The application was filed with the Napier District Licensing Agency on 21 May 2008. It was accompanied by the required Licence Controller Qualification. It was also accompanied by a relatively inexpressive reference from licensed premises known as the “Speights Alehouse". The document recorded that Ms Hanlon was part of the management team so it was important that she gained her General Manager's Certificate to be able to carry out parts of her role within the team. We understand from Ms Hanlon that she worked about 50% of the time in a managerial capacity and 50% of the time she was helping with administration.

[3] When she filed her application she was asked whether she had any convictions recorded against her and she said "no". The application was sent to the Police who recorded that Ms Hanlon had been apprehended on 26 January 2006 for driving with excess breath alcohol content. The level was 829 micrograms of alcohol per litre of breath. Ms Hanlon was subsequently taken before the District Court and convicted and fined and disqualified.

[4] The Police took the view that the failure to answer the question honestly reflected on the applicant's integrity and therefore her trustworthiness in running licensed premises on her own.

[5] The applicant wrote a letter in which she stated: "To be brutally honest I had forgotten that I had ever been charged as that occasion was my first time ever in my entire life that I have tested positive".

[6] The difficulty about the application is that a month ago Ms Hanlon decided not to continue with her employment and to take leave of absence. The employer was not present to advise Ms Hanlon’s current situation. Our understanding is that she made the decision because she did not think that she could continue in view of the fact that her application for a certificate was opposed. She had not been appointed as a temporary manager prior to taking leave of absence.

[7] Ms Hanlon does not have a great deal of experience in controlling licensed premises. However she operated her own licensed business in Australia and has been involved in the hospitality industry for approximately 10 years.

[8] Our policy is that manager’s certificates are not issued in a vacuum. They are required to be working documents so that people can constantly be upskilled as to trends within the industry. Certificates are not issued to become part of a person's curriculum vitae. It is our belief that the issue is about having good support and about being trusted to run licensed premises in a sole capacity.

[9] Ms Hanlon cannot prove that she has such support at this time. It appears that the wrong choice has been made in taking leave of absence. It is important that Ms Hanlon return to work if that is her chosen career and vocation. If that happens then we would expect that a fuller and more detailed reference could be obtained in the course of time. It may be that further enquiries should be made by the Inspector.

[10] We have taken the explanation for the non-disclosure of a very relevant offence with a grain of salt. However an explanation has been given and the period of time that has expired since the offending means that the conviction itself and the non-disclosure may no longer act as an impediment to the granting of a certificate. On the other hand it is fair to say that Ms Hanlon has a number of personal issues. She is in a relationship in which both partners are undergoing programmes and working their way through problems including the use and abuse of liquor.

[11] In all the circumstances any grant of a certificate will be a process rather than an event. At this stage our intention is to adjourn the application for a period of six months for further enquiries to be made about Ms Hanlon's future with the licensed premises that originally sponsored the application. If in six months time it has been established that she is back working in a full or part-time capacity, and her employers intend that she will help to manage those licensed premises, then it may be that an undertaking can be obtained, and the application granted on the papers.

[12] In the meantime the application is adjourned and further reports are called for. If there are further adverse matters then either the application will be refused or a further public hearing will be called.

[13] The application is adjourned accordingly.

DATED at WELLINGTON this 13th day of August 2008

B M Holmes
Deputy Secretary

Judith Hanlon.doc(aw)