Monk [2008] NZLLA 867 (26 June 2008)

Last Updated: 24 January 2012

Decision No. PH 867/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARSHA ANNETTE MONK pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 18 June 2008

APPEARANCES

Miss M A Monk – applicant
Constable J D Thornley – NZ Police – in opposition
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for renewal of a General Manager's Certificate by Marsha Annette Monk pursuant to s.123 of the Act.

[2] When considering any application for the renewal of a General Manager's Certificate we must have regard to the following matters pursuant to s.126 of the Act.

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[3] The General Manager's Certificate was due to expire on 13 December 2007. An application for renewal of the certificate was received within time by the Waitakere District Licensing Agency on 8 November 2007. The Police filed an adverse report pursuant to s.124 of the Act. The Police opposition to the renewal of the General Manager's Certificate was essentially based on the character and reputation of the applicant as the result of an incident that came to the Police attention in November 2007.

[4] The applicant has previously been before the Authority in relation to an opposed Police report and that decision is recorded in LLA PH 315/2005. The certificate was renewed for a lesser period by the Authority on that occasion.

[5] The applicant is the holder of the Licence Controller Qualification and has been employed at the "Over 50s Eight Ball and Dart Club" for approximately 18 years on and off on a part time basis.

[6] The evidence was that on 9 November 2007 there was a party at the applicant's home address in Ranui. During the course of the evening several youths became extremely intoxicated. At approximately midnight they went out into the street where they caused a small riot. A number of neighbouring residents were abused and assaulted and several hundred dollars worth of damage was done as the youths smashed car windows and letterboxes.

[7] The Police were called to the address by distraught neighbours and on their arrival six offenders were arrested. Three of these offenders were under the age of 17 at the time. There were approximately 10 Police Officers present and it took about 20 minutes to bring the situation under control given the level of intoxication exhibited by the offenders.

[8] After dealing with the commotion in the street the Police approached the applicant who appeared to be very angry about their presence. The applicant was abusive and displayed an attitude contrary to what would be expected of a manager of licensed premises.

[9] The applicant has appeared before us today and explained that she was not present at the address when people arrived. Miss Monk had apparently been working that evening and then gone with a friend to a party. When she returned home she found several people outside the house and a fight broke out in her front yard. She said that she asked them to leave and that she also telephoned the Police.

[10] Miss Monk said that her 15 year old son and his friends had a party but that other people she did not know had also arrived, possibly as a result of text messages. She explained that she had warned her son about any further incidents and that she had tried to sort the situation out. She said that she was upset at some of the comments the Police made to her. She also said that she did not know that a party was to take place and that she had not supplied the alcohol. She admitted to being intoxicated herself which obviously affected her behaviour.

[11] We agree with the Police that this is not the sort of behaviour that we expect from a manager of licensed premises. However having heard from the applicant herself we are prepared to give her a further chance and renew her General Manager's Certificate for what will in effect be a further probationary year.

[12] The applicant needs to be aware that if any other matters are brought to the attention of the authorities within that period of time any further renewals of her certificate would be seriously in doubt.

[13] The applicant has brought her two teenage children to the hearing today and we hope that the position that their mother has been placed in due to these actions has been a salutary lesson for them also.

[14] Accordingly for the reasons we have given General Manager's Certificate number GM 006/927/2006 issued to Marsha Annette Monk will be renewed for a further 18 month period which means that it will expire a year from now on 13 June 2009.

DATED at WELLINGTON this 26th day of June 2008

B M Holmes
Deputy Secretary

Marsha Monk.doc(aw)