Hori [2010] NZLLA 751 (14 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA PH 751

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LUCY TE KAPA HORI 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 15 June 2010

APPEARANCES

Miss L T K Hori - applicant
Sergeant J P Loye - NZ Police - in opposition
Mr A Phillips - Auckland District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for renewal of a General Manager's Certificate by Lucy Te Kapa Hori. The application for renewal was received by the Auckland District Licensing Agency on 18 January 2010. The certificate was originally issued by the Far North District Licensing Agency on 27 January 2009. Accordingly this is the first renewal of the certificate after what is commonly termed the first probationary year.

[2] The application attracted opposition from the Police due to the fact that the applicant was facing active charges. The matter was accordingly set down for a public hearing.

[3] Sergeant J P Loye is the Alcohol Harm Reduction Co-ordinator for the Auckland City West policing area. He gave evidence in regard to the charges that had been laid against Miss Hori. The charges related to burglary and common assault for which Miss Hori was meant to appear in the Kaikohe District Court on 6 January 2010.

[4] In the interim Miss Hori had moved to Auckland and the matters were finally dealt with on 9 June 2010 in the North Shore District Court where the charge of burglary was withdrawn and a guilty plea entered for the assault charge. An application was made pursuant to s.106 for a discharge without conviction which was granted and accordingly no conviction was entered.

[5] The criteria that we must consider on a renewal application is set out in s.126 of the Act as follows:

(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.

[6] While there are no convictions recorded against the applicant, as Sergeant Loye pointed out the circumstances still raise a question as to the character and reputation of the applicant, as well as being a matter that was dealt with in the Police report.

[7] Sergeant Loye produced a copy of the summary of facts to which Miss Hori had pleaded guilty. It sets out the circumstances of an incident which occurred on 1 January 2010 at about 5.45 am. Without going into details of the incident which arose out of a family situation, it is noted that Miss Hori had been drinking prior to the incident occurring.

[8] We have heard from Miss Hori. She confirmed that she had originally utilised her General Manager's Certificate at the “Kaikohe Hotel”, where she worked for a period of 18 months. Since then, as we have said, she has moved to Auckland and she is currently utilising her certificate at the “Grey Lynn Bowling Club” during the weekends.

[9] In regard to the particular incident Miss Hori admits that the incident should never have happened and that in hindsight there are certainly better ways that the situation could have been sorted out.

[10] Miss Hori was able to give a good account of herself in the witness box and it seemed to us that she was only too fully aware of how the incident reflects on her character and her ability to be the manager of licensed premises. She was quite impressive in her recall of the object of the Sale of Liquor Act.

[11] Miss Hori requires her certificate in order to carry out her employment at the “Grey Lynn Bowling Club”. She also spoke of a desire to continue in this line of work. Although she did express an intention to perhaps look for work in Australia at some time in the reasonably near future, she has no firm plans in that regard.

[12] In the decision of Deejay Enterprises Limited NZLLA 531 – 532/97 the Authority highlighted the expectations that it has for managers including their character and reputation. The Authority stated:

“The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises.”

[13] Taking all matters into account we have decided to renew the certificate but for a lesser period. The intention is that this period of time will effectively act as a further probationary period. The certificate originally fell due for renewal on 27 January 2010. Accordingly instead of renewing the certificate for the normal three year period we propose to renew the certificate for a period of 18 months. In effect it will fall due for renewal in just over a year’s time on 27 July 2011.

DATED at WELLINGTON this 14TH day of July 2010

B M Holmes
Secretary

Lucy Hori.doc(aw)