Harper, re [2008] NZLLA 579 (22 April 2008)

Last Updated: 2 October 2010

Decision No.PH 579/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WARREN ANDREW HARPER 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 NEW PLYMOUTH on 26 March 2008

APPEARANCES

Mr W A Harper – applicant
Ms W D Kitt – Stratford District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Warren Andrew Harper for a General Manager's Certificate. The application was filed with the Stratford District Licensing Agency on 23 July 2007. The application was accompanied by the Licence Controller Qualification and confirmation of responsible employment from the “New Commercial Hotel” in Stratford.

[2] The reference stated that Mr Harper had been employed on a casual basis at the hotel. We understand that he had commenced work approximately two months prior to the application, and had worked mainly on Friday evenings.

[3] The owner of the premises reported that Mr Harper had a good knowledge and understanding of the Act, and was aware of the hotel's host responsibility and carried it out at all times. The document did not specifically state that Mr Harper would be employed as a manager, but Mr Harper is of the view that if he gets his certificate he will be given a greater opportunity to work longer hours at the premises in a managerial capacity.

[4] The application attracted what could be described as an adverse report based on the criteria that Mr Harper did not have the requisite managerial experience in controlling licensed premises. He had held a Club Manager’s Certificate in 1991, but only for 12 months. The evidence showed that since the application was filed eight months ago, Mr Harper has worked on the majority of Fridays from 9.00 pm until 3.00 am the following day. He believes that he now has the requisite experience. He has not been appointed as a temporary manager during that period of time as there have always been certificated managers present when he has been working.

[5] We believe that with the lapse of time it is now appropriate for the application to be granted. In making this decision we are particularly aware that any certificate is granted for 12 months only. That is regarded as a ‘probationary’ period. When the certificate falls due for renewal, it is then up to Mr Harper to satisfy either the Agency or the Authority, as to the criteria set out in s.126 of the Act. Mr Harper was described by the Inspector as having the maturity to cope well with a managerial position.

[6] In all those circumstances, and now that the issue of experience has been resolved, the application is granted.

DATED at WELLINGTON this 22ND day of April 2008

B M Holmes
Deputy Secretary

Warren Harper.doc(aw)