Rogers [2010] NZLLA 784 (26 July 2010)

Last Updated: 27 July 2010

[2010] NZLLA PH 784

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DESMOND MARK ROGERS 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 16 June 2010

APPEARANCES

Mr D M Rogers - applicant
Ms M J McLeod - Auckland District Licensing Agency Inspector - in opposition
Sergeant C D Lally - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Mr Rogers has held a manager’s certificate for a period of nine years. He said that he had last utilised the certificate at a local rugby club.

[2] Mr Rogers was quite candid in his explanation of his current circumstances that required him to move to Auckland and to obtain alternative employment. Mr Rogers indicated that it was due to those circumstances that he had not been employed full time in the industry. Mr Rogers did point out that he has utilised his certificate as needed at private functions in more recent times.

[3] There was a question as to whether Mr Rogers had obtained the Licence Controller Qualification and it has been confirmed by the District Licensing Agency Inspector that the Licence Controller Qualification was obtained by Mr Rogers in 2007. Accordingly that is not an impediment to the renewal of the certificate pursuant to s.117A of the Act.

[4] The difficulty faced by the Authority is that we are required to have regard to the certain matters in determining a renewal pursuant to s.126 of the Act. These include the character and reputation of the applicant, any convictions recorded against the applicant and the manner in which the manager has managed the sale and supply of liquor pursuant to the licence, as well as any matters dealt with in any report.

[5] It is the issue of the manner in which the manager has managed the sale and supply of liquor as well as the reports from the agencies that are the issue here. The Authority has a well known policy that a manager’s certificate is to be regarded as a working document.

[6] In all the circumstances of this case, and given the long history Mr Rogers has in the industry as well as his indication that he would like to return to the industry as soon as circumstances permit, we have decided to adjourn the application for a period of 12 months. It has been indicated to Mr Rogers that after the adjourned period has expired he will need to show that he has utilised his certificate.

[7] It may be that if sufficient evidence is provided at that time, the application could then be granted on the papers. However, if there are any issues there will need to be a further public hearing.

[8] For the reasons given the application is adjourned.

DATED at WELLINGTON this 26TH day of July 2010

B M Holmes
Secretary

Desmond Rogers.doc(aw)