Kara [2011] NZLLA 216 (16 March 2011)

Last Updated: 6 April 2011

[2011] NZLLA PH 216

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JODY KARA 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 17 February 2011

APPEARANCES

Mr J Kara – applicant
Constable A P Morris – NZ Police – in opposition
Ms M Thornber – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jody Kara pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was received at the Waitakere District Licensing Agency on 11 November 2009. It was supported with a copy of the required Licence Controller Qualification issued on 7 March 2007 together with a reference from the secretary/ manager of the “Piha Memorial RSA” where Mr Kara was employed. He has been employed there since 20 April 2009 as a duty bar person.

[3] Mr Kara was previously employed at the “Piha Surf Lifesaving Club” and prior to that has worked on several licensed premises both in New Zealand and Australia. He considers that bartending is his occupation.

[4] On his application form Mr Kara disclosed that he had been convicted of fraud although the dates were not disclosed. When asked about this he said that he could not remember the dates or the details but accepted the criminal and traffic history list produced by Constable Morris as being correct. It confirms that Mr Kara has three convictions for taking, obtaining or using a document for pecuniary advantage entered in the Auckland District Court on 4 June 2008. The offence took place on 25 August 2007.

[5] On that date Mr Kara was a bartender at the “Safari Bar” in Karangahape Road, Auckland. He utilised a credit card that had been left behind by a patron to make three fraudulent transactions, purchasing goods to the value of $1,071.90. He was ordered to pay reparation and sentenced to community work of 60 hours on each charge.

[6] Police checks also established that Mr Kara had previously come to Police attention on four occasions between 2000 and 2007 although none of these matters had resulted in convictions. Constable Morris was concerned that some of these previous matters had involved the use of alcohol.

[7] We heard from Mr Kara who admitted his previous indiscretions but was of the view that they were in the past. He said that he had moved away from Gisborne to Auckland and had moved out to Piha although more recently he has moved to Kelston. He was of the view that he had matured and had found a better group of friends. Mr Kara is now aged 28.

[8] Mr Kara has now been working at the “Piha Memorial RSA” for almost two years and has on occasion been appointed as an acting manager. He also said that his drinking patterns have changed and that he does not drink like he used to when he was younger. He wishes to step up in the industry and is of the view that not to hold a General Manager's Certificate would hold him back.

[9] We also heard from Mrs Ormrod who is the secretary/manager of the “Piha Memorial RSA”. She said that she had first met Mr Kara when he was working at the “Piha Surf Club”. He had been efficient and she had liked his style. She had approached him and invited him to work for her at the “Piha Memorial RSA”. She said that Mr Kara had informed her about his previous convictions and that the committee of the RSA were also aware of this. Both she and the committee supported his application for a General Manager's Certificate. In her opinion Mr Kara was very good behind the bar and one of the best that she had. She said that he was firm with the patrons but also treated them with respect. Mrs Ormrod said that he had excellent host responsibility skills. In short she spoke very highly of Mr Kara. He is fortunate to have such support as well as the benefit of training under an experienced holder of a General Manager's Certificate.

[10] The matters we must consider are set out in s.121 of the Act. The main issues here are those of the convictions and the character and reputation of the applicant. As the Authority has said in previous decisions we regard convictions for dishonesty as being particularly serious especially where they relate to licensed premises. As was discussed in the guideline decision of G L Osborne we expect a stand-down period to take place where convictions have been incurred.

[11] In this particular case we are not yet satisfied that sufficient time has passed in order for us to be certain that Mr Kara has put his previous offending behind him. However, given the support that he has at his current place of employment we do not propose to decline the application. On the other hand we think that it is also too early to grant the application.

[12] As has been explained to Mr Kara the application will be adjourned for a period of six months. At that point in time four years will have passed since the most recent offending took place resulting in convictions. We will then call for further reports from the agencies. If there are no further issues the application may be granted on the basis of the undertaking that has been given by Mr Kara that he will only utilise the certificate for the first probationary year at the “Piha Memorial RSA”. If however there are any further issues there may need to be another hearing or the application declined.

[13] The application is adjourned accordingly.

DATED at WELLINGTON this 16TH day of March 2011

B M Holmes
Secretary

Jody Kara.doc(aw)