Graham, re [2008] NZLLA 77 (4 February 2008)

Last Updated: 19 February 2010

Decision No. PH 77/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a resumption of a hearing of an application by KIM MEREANA GRAHAM (nee BRAMLEY) 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: Dr J Horn

HEARING at WELLINGTON on 23 January 2008

APPEARANCES

Mrs K Graham – applicant
Mrs A G Ball – Kapiti Coast District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is the resumption of a hearing of an application by Kim Mereana Graham (nee Bramley) for the renewal of her General Manager's Certificate.

[2] The application came before us in October 2007. In a decision LLA PH 1140/2007 we made the following comments:

"We have decided therefore not to deal with the matter today but to have another public hearing which we suspect will be in January next year in approximately three months time. In the interim period Mrs Graham will need to:

(a) Obtain confirmation from the CARE programme that she has completed the programme and confirmation from the administrators as to whether or not she has been able to do something about her drinking.

(b) During that period of time she can either obtain a medical certificate or attain work at other licensed premises.

She needs to be able to produce a reference from an employer who is prepared to entrust the running of the licensed premises to Mrs Graham. If, at the next public hearing anticipated to be in January next year, Mrs Graham is able to show that there has been a change in her drinking brought about by the programme, if she is able to show that she has employment or employment potential in the industry, and if she has the support of an employer, we might be prepared to renew the General Manager's Certificate for a limited period. On the other hand if there continue to be the type of adverse reports that we have received then there is also the possibility that the application will be declined.

[3] At the resumed hearing the District Licensing Agency Inspector in behalf of the Agency and the Police was able to say that there have been no further adverse reports. Mrs Graham appeared to be in a better state than when she appeared before us in October.

[4] Mrs Graham was not able to help us with a certificate from the CARE programme. She gave explanations as to the difficulties that she has encountered. These were partly caused by the absence from the CARE programme, of the person with whom she was dealing, and partly because of difficulties with the Corrections Department. In summary, although she seems to have made an effort the particular documentation was not produced.

[5] For the record, we are prepared to accept that she has completed the programme. What we would have liked to have seen was whether or not she has been able to do something about her drinking, an issue that was more apparent at the last hearing.

[6] Mrs Graham continues to be on the Sickness Benefit. She is still awaiting the outcome of the Employment Court application she has filed. On the other hand she produced a very positive certificate from the owner/operator of licensed premises known as the "Beachcomer Bar and Café" situated at Paraparaumu Beach. The owner/operator stated that Mrs Graham had worked for him on a voluntary basis. He was unable to offer her full paid work due to financial constraints but he did say "I know she is fully competent and I would have no problems in entrusting her to manage the day to day task that is required to operate my bar on her own."

[7] The issue therefore is whether or not Mrs Graham has current employment in the industry. We have a policy that manager's certificates should be working documents. We believe that it is important that managers are continuously updated and upskilled with trends in the hospitality industry. Certificates are not to be issued or maintained in a vacuum. They are not issued to become part of a person’s curriculum vitae.

[8] There are two options in this case. We could refuse the application based on the one conviction for driving with excessive breath alcohol content. After consideration we have decided to adopt the second option which gives Mrs Graham a small window of opportunity to maintain her chosen vocation.

[9] Her application for renewal of her certificate will be granted but the term of the grant is for one year only. This means that the certificate will again fall due for renewal on 30 May 2008, in approximately four months time. At the end of that period of time Mrs Graham will be required to again renew her certificate. If she does not have employment in the industry at that time, she may well find that the payment of the fees will not be a good investment. In other words there is a good chance that the application will be declined. On the other hand if she has current employment and the support of an employer, there should be no further impediment to the grant of a further renewal.

[10] Those are matters for the future. In the meantime the application is granted for a period of one year.

DATED at WELLINGTON this 4th day of February 2008

B M Holmes
Deputy Secretary

Kim Graham.doc(aw)