Olliver [2010] NZLLA 716 (13 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA PH 716

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JENNIFER TANYA OLLIVER pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at HAMILTON on 6 July 2010

APPEARANCES

Miss J T Olliver - applicant
Sergeant C Greenwood - NZ Police - in opposition
Mr K J Tutty - Waipa District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

Introduction

[1] This decision relates to an application by Jennifer Tanya Olliver pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was opposed by the Police on the grounds that at present the applicant is unsuitable to hold a General Manager's Certificate. In particular the concern by the Police was that on 18 November 2009 the Police were called to a non-criminal but disturbing incident involving the applicant.

[3] In evidence the applicant agreed with that the incident had occurred but denied that it was relevant as to whether or not she was suitable to hold a General Manager’s Certificate. She stated that she had had a very bad week at home, was exhausted, and simply “snapped”.

Decision

[4] The Authority was most impressed with the applicant. She was aware of the relevant provisions of the Sale of Liquor Act as to the responsibilities of a duty manager. She indicated that she enjoys her work at the “Ale House” and is very capable of dealing with difficult patrons arriving at that establishment in the early hours of the morning. She recognised that her work at the “Ale House” was challenging but stimulating.

[5] Notwithstanding this, however, the Authority agrees with the Police and the Inspector to the effect that this application is premature. The applicant’s behaviour on 18 November 2009 indicates that when she is subject to extreme pressure she is capable of unusual behaviour. While it is unlikely that the extreme pressure would arise from her duties as a duty manager, nevertheless if she is under stress at home this could ultimately impact on her suitability to carry out her statutory duties as a duty manager. In these circumstances we conclude that the application should be adjourned for a period of six months.

[6] If the behaviour of the applicant does not come to the notice of the Police or the Inspector during the next six months and provided the applicant has undertaken an appropriate interview with the Inspector during that time this application can be dealt with on the papers. If however, problems arise during the next six months then either the Inspector or the Police can ask that the matter be dealt with at a public hearing.

DATED at WELLINGTON this 13TH day of July 2010

B M Holmes
Secretary

Jennifer Olliver.doc(aw)