Newman, re [2008] NZLLA 1781 (17 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1781/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AARON JASON NEWMAN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 25 November 2008

APPEARANCES

Mr A J Newman – applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager's Certificate by Aaron Jason Newman received by the Waitakere District Licensing Agency on 26 June 2008.

[2] The criteria to which we must have regard are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] The Police provided a report offering no opposition to the granting of the application. The application is however opposed by the District Licensing Agency Inspector on the basis that the applicant does not have recent and relevant experience within the hospitality industry. The Inspector noted that the applicant does not hold a traditional position within the hospitality industry that requires a General Manager's Certificate, although the Inspector also noted the possibility that the Authority may wish to seek an undertaking from the applicant to limit the use of any certificate that may be granted.

[4] Mr Newman is currently employed as a sales representative for Fosters New Zealand. Through this position Mr Newman attends one or two hospitality events per year for which a special licence is required.

[5] We have heard from Mr Newman and he has confirmed that his position at Fosters does not require a General Manager's Certificate other than in respect of the special licence events. The applicant is the holder of the Licence Controller Qualification.

[6] It is normal practice at the Waitakere District Licensing Agency for an Inspector to interview every new applicant so as to determine their knowledge and understanding of the Sale of Liquor Act and of host responsibility. Such an interview took place with the applicant on 23 July 2008 and during that interview the Inspector was satisfied that the applicant displayed a satisfactory knowledge of those matters.

[7] It was during that interview that the Inspector ascertained that the reason the certificate was being applied for, was in order to be utilised at events such as wine shows, where special licences were required. It was also at the interview that the applicant advised that he did not have any recent experience working within licensed premises in New Zealand, although he had worked for six months in a tavern some 10 years ago.

[8] We heard from the District Licensing Agency Inspector Mr Sheehan. He pointed out a recent decision by the Authority number LLA PH 1197/2008 in which the Authority made the following comments:

"The final matter relates to the fact that Ms Plumridge is not currently employed in the industry. There is no support from any employer. We are on record as stating that we do not issue certificates in a vacuum. We firmly believe that they should be working documents and that it is important for any applicant to have at least six months experience working on licensed premises. Additionally the applicant should be able to be trained on the job and have an employer prepared to come before us or write a reference to that effect and say that he or she would like the applicant to run the business in a sole capacity and is sufficiently trustworthy to do so."

[9] We were impressed with Mr Newman. He was able to state the object of the Act and identify host responsibility policies that would apply to the situations of show events. We did note however that there is no reference from his employer on the file. For this reason we are not prepared to grant the application at this point in time although we are prepared to adjourn the application in order for such a reference to be provided. As referred to in the decision above, the support of an employer is necessary in order for a manager's certificate to be granted.

[10] We agree with the Inspector that the applicant does not hold a traditional position but in our view if the applicant is prepared to give an undertaking to utilise the certificate only at the events and in his capacity as a sales representative with Fosters, then we would be prepared to grant the application, once the reference has been supplied. The certificate would then be tied to such an undertaking.

[11] Accordingly the matter is adjourned for one month in order for the applicant to provide a reference from his employer and to provide the undertaking referred to. The certificate may then issue on the papers.

DATED at WELLINGTON this 17th day of December 2008

B M Holmes
Deputy Secretary

Aaron Newmand.doc(aw)