Morrell [2012] NZLLA 1044 (25 September 2012)

Last Updated: 16 October 2012

[2012] NZLLA PH 1044

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LILLYANN ERIHAPETI MORRELL pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at NAPIER on 20 September 2012

APPEARANCES

Ms L E Morrell – applicant
Mr J H Lovatt – Hastings District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] Ms Morrell previously held a General Manager's Certificate. She allowed it to lapse in 2009. On 23 April 2012 she made an application for a new General Manager's Certificate which is the subject of this decision.

[2] The Inspector opposed the application because he considered that she had not been entirely honest with him when giving him details of her employment history. He also supported the Police opposition which related to a drink driving conviction in 2006 and the fact that in 2010 Ms Morrell was warned by the Police for possession of cannabis which was found in her home.

[3] The drink driving conviction occurred in 2006. It is historic and has little relevance to this application.

[4] The Authority accepts Ms Morrell’s explanation that the cannabis found in her bedroom by the Police belonged to her son who was subsequently convicted of possession of cannabis. She was unaware that it was in her room at the time. She states she does not smoke cannabis.

[5] The area of concern for the Authority, however, is Ms Morrell’s lack of honesty in respect of her previous work history. Ms Morrell gave evidence to the Authority. It was very difficult to ascertain from her exactly what her work history consisted of. She admitted that she had been vague in giving details of this to Mr Lovatt. At the hearing it transpired that one of the reasons that Ms Morrell has been reluctant to divulge her work history is that on occasions she has been paid “under the table”. Further, at least on one occasion she has acted as a duty manager after her previous General Manager's Certificate expired.

[6] The secretary/general manager of the “Hibernian Club”, Gary Edwin Williams, gave evidence in support of the application. He has known Ms Morrell since June 2011. She has worked for the club on a part time basis whilst he has been employed by it and he has found her honest, trustworthy and a good worker. He was clearly somewhat disconcerted when her evasiveness became evident at the hearing.

[7] In order to obtain a General Manager's Certificate, in accordance with s.121 of the Act, an applicant has to satisfy the Authority as to her character and reputation. The other matters contained in s.121 are not relevant as she satisfies the Authority in respect of all of them. However, the Authority, after hearing Ms Morrell, was left with real reservations as to her character. Indeed, the way in which Ms Morrell gave evidence confirmed the concerns expressed by the Inspector in his report.

[8] In his report the Inspector referred to the commentary in “Sale of Liquor” by Dormer and Sherriff at SL121.04.23; C A McCullough NZLLA PH 915/2007 and K A H Douglas NZLLA PH 554/2001. The commentary and the decisions confirm that an applicant needs to be honest and transparent in her dealings with a reporting agency. In a case such as this the Authority is entitled to ask itself “how will the applicant react if there is a problem on the premises which requires an explanation to one of the Agencies?” In this case, having heard the applicant the Authority considers that were a problem to eventuate on premises where she is the duty manager she might not be entirely honest with any investigating agency. This means that the Authority is not satisfied that the applicant has shown that she has the appropriate character to hold a General Manager's Certificate.

[9] In these circumstances the application for the General Manager's Certificate is refused.

DATED at WELLINGTON this 25th day of September 2012

B M Holmes
Secretary

Lillyann Morrell.doc(aw)