Fisher-Johnson [2011] NZLLA 1325 (15 November 2011)

New Zealand Liquor Licensing Authority

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Fisher-Johnson [2011] NZLLA 1325 (15 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1325

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BUSTER MARIO KELLY FISHER-JOHNSON pursuant to s.118 of the Act for a General 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 B M K Fisher-Johnson – applicant
Mr H M Kodisinghe – 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 Buster Mario Kelly Fisher-Johnson pursuant to s.118 of the Act for a General Manager's Certificate. The application was filed with the Whangarei District Licensing Agency on 9 March 2010. It was supported with references together with a copy of the required Licence Controller Qualification issued on 5 March 2010. At that point in time Mr Fisher-Johnson was working at the “Kamo Four Square”.

[2] The application was opposed by both the Police and the District Licensing Agency Inspector because of the following concerns:

• [a] Maturity, as he was only 18 years old;
  
• [b] That supervision in the “Four Square” context was minimal; and
  
• [c] Suitability, as he had come to the notice of the Police twice in 10 months.
  

[3] The matter was accordingly set down for a hearing before the Authority.

[4] In the interim period Mr Fisher-Johnson has moved to Auckland. He is now working at “Alberton Fine Foods Four Square” in Mount Albert on a part time basis as he is also studying.

[5] Mr Fisher-Johnson produced a reference from his previous employer at the “Kamo Four Square” where he worked from April 2008 to November 2010. He had worked there since leaving school and prior to that had worked on a part time basis. That reference described his conduct during his employment as being “exemplary”.

[6] A reference was also provided from his current employer “Alberton Fine Foods Four Square” which confirmed that once Mr Fisher-Johnson obtained his General Manager's Certificate he would be used as a stand-by duty manager.

[7] Sergeant Clement for the Police noted that the lapse of time since the application was first made had partly fulfilled the Police expectations in regard to experience and maturity. The Police did not bring anything further to our attention.

[8] Mr Fisher-Johnson is now aged 20 and we note that he has previously been appointed as a temporary manager.

[9] Having heard from Mr Fisher-Johnson we are satisfied that he is now in a position to step up in the industry and we intend to grant the application. We take particular note of the fact that it is intended to utilise the certificate at “Alberton Fine Foods Four Square”. In our view the responsibilities of a manager in a “Four Square” situation are rather different from that of a manager in a busy tavern for example.

[10] A certificate is issued initially for a probationary year and as discussed with Mr Fisher-Johnson we would expect that he only utilise the certificate during that first year at the place of his current employment “Alberton Fine Foods Four Square”. If however, that situation should change he will need to apply to the Auckland District Licensing Agency or this Authority to be released from that undertaking.

[11] The application is granted on that basis.

DATED at WELLINGTON this 15TH day of November 2011

B M Holmes
Secretary

Buster Fisher-Johnson.doc