Jarman [2011] NZLLA 1285 (10 November 2011)

Last Updated: 7 December 2011

[2011] NZLLA PH 1285

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOHN PAUL JARMAN pursuant to s.123 of the Act for renewal of a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WHANGAREI on 1 November 2011

APPEARANCES

Mr J P Jarman – applicant
Mr R M Mussle – Whangarei District Licensing Agency Inspector – in opposition
Sergeant H P Clement – NZ Police – to assist

DECISION OF THE AUTHORITY

[1] This is an application by John Paul Jarman for the renewal of a Club Manager’s Certificate. The application for renewal was filed within time on 1 June 2010 at the Whangarei District Licensing Agency.

[2] The application was opposed by the District Licensing Agency Inspector because of the fact that Mr Jarman is not utilising the certificate within the hospitality industry. In fact on his application form he stated “not currently employed in the industry”. The application was accordingly forwarded to the Authority for determination.

[3] The criteria that we must consider in regard to the renewal of a Manager's Certificate is set out in s.126 of the Act and includes the following matters:

(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.

[4] There is no question that there is anything adverse in relation to Mr Jarman’s character and reputation and nor have any convictions been recorded against him.

[5] The matters that we are concerned with are the manner in which the manager has managed the sale and supply of liquor as well as any matters dealt with in the Inspector’s report. These are the matters which relate to the fact that Mr Jarman is not employed within the industry. The Authority’s view that the certificate should be a working document is well known.

[6] Mr Jarman advised the Authority that he had not in fact utilised the certificate since May 2007. Mr Jarman also confirmed to us that he has no intention of being employed within the hospitality industry and had only wished to renew his certificate in order that he might hold it should an emergency arise.

[7] Mr Jarman is the member of several clubs and wished to leave the possibility open that he could step in if required. However, given that such a situation has not arisen within the last four years, we find that we are not persuaded that we should renew the certificate.

[8] The application is accordingly refused.

DATED at WELLINGTON this 10th day of November 2011

B M Holmes
Secretary

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