Johnson, re [2009] NZLLA 171 (27 February 2009)

Last Updated: 27 January 2010

Decision No. PH 171/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TAYLOR ANGELA JOHNSON 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: Ms J D Moorhead

HEARING at WELLINGTON on 23 February 2009

APPEARANCES

Mrs T A Johnson – applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Acting Sergeant S M Cavanagh – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Taylor Angela Johnson for a General Manager’s Certificate.

[2] The application was filed with the Wellington District Licensing Agency on 24 September 2008. The application was supported by the Licence Controller Qualification and a Curriculum Vitae. This document showed that Mrs Johnson had been working at licensed premises known as “La Casa Del la Diva” restaurant for approximately 12 months, and had the support of the owners of the premises.

[3] The application received adverse reports. The first report was from the Inspector. In accordance with s.119 of the Act the Inspector is required to enquire into and file with the Agency a report on applications of this nature. It is difficult for an Inspector to make a report unless the applicant is interviewed as to their experience, qualifications, and knowledge of the Act.

[4] Letters were sent to Mrs Johnson on two occasions but she failed to appear for the appointments. A telephone message was left for Mrs Johnson in October but no contact was made. Accordingly the application was opposed.

[5] The Police referred to an incident that had occurred in Auckland. The evidence shows that a search warrant was executed on a property in Auckland on 21 December 2006. Located in the premises was a small zip-lock bag containing enough cannabis for one cigarette. There was also a paper wrapper containing a Class A controlled drug, methamphetamine. Mrs Johnson was apprehended for possession of a Class A and Class C drug. The charges were brought before the District Court. However, Mrs Johnson was eligible for diversion. The Class A drug charge was withdrawn, and Mrs Johnson effectively pleaded guilty to the second charge. She was granted diversion and required to pay a donation to Care NZ. She was required to take an assessment with Care NZ, and was given a warning about what could happen if similar charges followed.

[6] We have not gone into that matter in any great detail because it is now two years since the incident, and no conviction resulted. The normal rule of thumb would have been a stand-down period of 12 months for Mrs Johnson to prove that she had learned from the experience, and was able to apply that knowledge in a more pro-social way. Mrs Johnson has given evidence and has impressed us with her desire to do well in the industry, and ensure that some of the problems associated with the premises are not repeated. We refer in particular to the fact that the premises where Mrs Johnson was working have been the subject of two recent decisions, being LLA PH 1745-1746/2008 and LLA PH 1056-1057/2008.

[7] The licence for the premises was suspended for an initial period of four weeks. It was then discovered that the management had allowed a BYO operation to continue. The premises were then closed and the company came before us for breaching the suspension order. It was revealed that Mrs Johnson had been in charge of the premises on the night in question. An explanation was given regarding the communications between herself and her husband. The business was given the benefit of the doubt and the licence was suspended for a further two weeks. That suspension has been carried out without further incident. On the other hand, the facts showed that Mrs Johnson lacked knowledge of the requirements of the Act in relation to allowing the supply of liquor on a BYO basis.

[8] This is a situation where on the one hand Mrs Johnson has impressed us with her references and demeanour. She appears to be an efficient operator and has good plans for the future management of the premises. On the other hand she must attend an interview which has now been fixed for Monday 23 March at 11.40 am. She has to pass that interview. In our view it is too soon for the certificate to be granted given her involvement in the incidents in relation to the licensed premises.

[9] Our decision is to adjourn the application for six months. We see no reason why Mrs Johnson cannot be appointed as a temporary manager in the last three months of the adjourned period. If she succeeds with her interview and there are no further adverse incidents in the next six months then we will grant the application without a further public hearing. If there are other adverse matters a further public hearing may be necessary. The application is adjourned on those terms.

DATED at WELLINGTON this 27th day of February 2009

B M Holmes
Deputy Secretary

TaylorAngelaJohnson.doc(jeh)