Manhanga [2012] NZLLA 371 (12 April 2012)

Last Updated: 11 June 2012

[2012] NZLLA PH 371

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM WALLACE MAHANGA 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 CHRISTCHURCH on 14 March 2012

APPEARANCES

Mr B R Green - for applicant
Miss F A Proudfoot - Christchurch District Licensing Agency Inspector - in opposition
Sergeant A J Lawn - NZ Police - in opposition

DECISION OF THE AUTHORITY

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

[2] The application was filed with the Christchurch District Licensing Agency in June 2011. It was supported by a copy of the required Licence Controller Qualification issued on 28 June 2011.

[3] The application was opposed by the Police and District Licensing Agency Inspector. It was consequently set down to be determined at a public hearing.

[4] The criteria we must consider are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[5] The opposition arises because of convictions recorded against the applicant. He does not yet have five clear years since his last conviction in accordance with the guideline decision of G L Osborne. In fact the applicant has an extensive history of convictions arising in the context of his previous gang related activities. This undoubtedly also reflects on his character and reputation. In such circumstances we have often required a longer stand down period.

[6] In the last 11 years Mr Mahanga has incurred two convictions. On 8 June 2005 he was convicted in the Rangiora District Court of contravening a protection order. He was ordered to come up for sentence if called upon. On 25 February 2009 He was convicted of driving while suspended. We were advised that the suspension had been as a result of demerit points. He was fined $300, ordered to pay court costs of $130 and disqualified from driving for one year. The date of the offence was 14 July 2008 and is the date that we would expect any stand down period to run from. That is almost four years ago.

[7] Mr Mahanga has been working in the hospitality industry for many years but has limited managerial experience. This in part arises because of the difficulties he has faced in overcoming the stigma attached to his former lifestyle. Until very recently he was involved in the management of “Fuel Bar and Grill”. We were advised that his full time employment there ended as a result of Police opposition to this application. He now has a provisional offer of employment at the “Groovinn”. Its proprietor, Miss Lori May Roberts, spoke in support of his application at the hearing. She has known Mr Mahanga for approximately 17 years through working with him in the hospitality industry. The only hours currently available however, were on a Sunday morning and conditional on Mr Mahanga holdng a General Manager’s Certificate as it was a sole charge position. Ideally, he would like to go back and work at the “Fuel Bar and Grill”. We would have liked to hear from the owners of the “Fuel Bar and Grill” as to their views, but they were not present at the hearing. We also note that some of the references provided at the hearing were extremely vague and did not assist the Authority.

[8] It is for Mr Mahanga to show that the positive changes he has made in his life are sustained. In our view the only way for him to do this is with the passage of time. We are not convinced that enough time has elapsed in the light of his background and offending.

[9] The Police quite rightly take a cautious approach. However, we would like to see Mr Mahanga given an opportunity to prove himself. Rather than decline the application we are prepared to adjourn it for 12 months. We will then ask for further reports from the enforcement agencies. A further hearing may be required.

[10] The application is adjourned accordingly.

DATED at WELLINGTON this 12TH day of April 2012

B M Holmes
Secretary

William Wallace Mahanga.doc