Mokalei, re [2009] NZLLA 482 (6 May 2009)

New Zealand Liquor Licensing Authority

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Mokalei, re [2009] NZLLA 482 (6 May 2009)

Last Updated: 4 June 2010

Decision No. PH 482/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PAULINE MOKALEI 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 PALMERSTON NORTH on 29 April 2009

APPEARANCES

Ms P Mokalei – applicant
Mr C Locke – Tararua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Pauline Mokalei for a General Manager’s Certificate. When considering the application we are bound to take into account the criteria set out in s.121 of the Act. These criteria are:

(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.

[2] Ms Mokalei fulfils many of the criteria. According to the file there is no proof of any convictions. An earlier Police report in 2004 apparently referred to convictions. However, there has been no objection from the Police. When the lack of opposition is combined with a reference received from the Pastor of the Paihiatua Christian Church Trust, then Ms Mokalei's character and reputation have not been seriously challenged. She is the holder of the Licence Controller Qualification.

[3] The application drew an adverse report from the District Licensing Agency Inspector and he amplified that report at the hearing. The first issue relates to the failure by Ms Mokalei to renew her certificate. In locations where the holding of a certificate is vital to continued employment, such as for example, a heavy trade licence to drive large motor vehicles, any failure to renew that certificate or licence is often seen as a sign of unsuitability.

[4] In this case Ms Mokalei has explained how she failed to renew the certificate. This was basically due to lack of funds to file the application fee. She was eventually able to obtain the funds but by then the certificate had expired and she was required to file a fresh application for a new certificate.

[5] Ms Mokalei then did so. She was initially granted a certificate on 24 September 2007. She used her certificate to be the duty manager of licensed premises known as "The Masonic Hotel" in Woodville. She subsequently filed a fresh application on or about 20 November 2008.

[6] Having heard her explanation we are satisfied that the failure to renew was not due to inattention or negligence but more due to her personal circumstances. The Inspector referred to dealings that he had had in another capacity with Ms Mokalei concerning a dog that had not been registered and was inclined to roam freely. The history of that matter does not make particularly good reading. Ms Mokalei stated that the dog belonged to her partner although she accepted responsibility for paying the necessary fees and ensuring that it did not breach the law. In the event the dog was eventually destroyed.

[7] There was a complaint that during the process Ms Mokalei had been abusive and uncooperative. She apologised to the Inspector for her behaviour and that apology was accepted.

[8] There was a third matter which related to the fact that the house where Ms Mokalei lives (and where she currently looks after three children) has been the subject of excessive noise complaints and even the issue of an abatement notice.

[9] Ms Mokalei has explained that two teenage daughters were the cause of the complaints. She stated that she had tried to get them to turn down the stereo but had apparently been unprepared to do so. She said that daughters have now left the home and there have been no complaints since.

[10] All these issues relate to the suitability of an applicant. Ms Mokalei produced a reference from "The Masonic Hotel" to say that she is a very competent operator and is highly recommended for a certificate. For her part Ms Mokalei believes that she is good at her job. She clearly has a good understanding of her role as a duty manager in relation to the object of the Act and the safety of her patrons.

[11] Ms Mokalei is well aware that if the application is granted the certificate to be renewed in 12 months time. At that time it will be important for her to show that the certificate has been used regularly, and that she has carried out her duties in a competent way and in accordance with the Act.

[12] After hearing her explanation we can understand why this matter has come to a public hearing. Accordingly we are prepared to give her another opportunity. For the reasons that we have stated the application is now granted.

DATED at WELLINGTON this 6th day of May 2009

B M Holmes
Deputy Secretary

Pauline Mokalei.doc(aw)