Tupou [2011] NZLLA 185 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 185

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by IOANE FELETI JUNIOR TUPOU 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 AUCKLAND on 15 February 2011

APPEARANCES

Mr I F J A Tupou – applicant
Mr G S Whittle – NZ Police – in opposition
Ms A L Marsh – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Ioane Feleti Junior Tupou pursuant to s.118 of the Act for a General Manager's Certificate. The application was received by the Auckland District Licensing Agency on 25 August 2010. It was supported with a copy of the required Licence Controller Qualification issued on 4 June 2010. If granted the certificate Mr Tupou intended to utilise the certificate at “Squid Row Gastro Bar” in Symonds Street. His application included a reference from that employer where he has worked since May 2010.

[2] In the main Mr Tupou fulfils the criteria set out in s.121 of the Act. There is one issue which relates to convictions entered on 9 March 2009. The convictions were disclosed on the application form and not surprisingly resulted in opposition to the application from the Police.

[3] The applicant disclosed a conviction for disorderly behaviour which occurred on 8 March 2009. Enquiries revealed that the applicant had been convicted of fighting in a public place in Queenstown and disorderly behaviour likely to cause violence. The Police were concerned that these offences occurred after the applicant had been drinking and that the original altercation started on licensed premises.

[4] Mr Tupou appeared and gave evidence in regard to the circumstances of the convictions where he said that it was his brother that initially became involved in a fight with a patron and he had been drawn into it.

[5] The Police quite correctly refer to the Authority decision of G L Osborne NZLLA 2388/95 where a two year stand-down period from the date of a single offence is discussed. That two year stand-down period would expire on 8 March 2011.

[6] Mr Whittle for the Police noted that the applicant had pleaded guilty at the first opportunity the day following the incident and confirmed that Mr Tupou had not come to the notice of the Police since this incident.

[7] Mr Tupou was fully aware of the object of the Sale of Liquor Act and where he had failed to meet the standards himself. Having heard from him we are now prepared to give him the opportunity to step up in the industry noting that the grant of a General Manager's Certificate is initially for a probationary period of one year. Mr Tupou would be well advised to keep that in mind.

[8] For the reasons given the application is now granted. The certificate may issue immediately.

DATED at WELLINGTON this 10TH day of March 2011

B M Holmes
Secretary

Ioane Tupou.doc(aw)