Sisson [2012] NZLLA 497 (17 May 2012)

Last Updated: 22 June 2012

[2012] NZLLA PH 497

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VIKKI SISSON pursuant to s.118 of the Act for a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 26 April 2012

APPEARANCES

Mrs V Sisson – applicant
Mr D W Sara – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an opposed application by Vikki Sisson for a Club Manager’s Certificate. The application was filed with the Auckland District Licensing Agency’s Orewa office on 20 April 2011. It was supported by a copy of the Licence Controller Qualification issued on 19 April 2011. At that point in time Mrs Sisson was working at the “Murawai Golf Club”.

[2] The application disclosed previous convictions under the Misuse of Drugs Act 1975 and attracted opposition from the Police due to the serious nature of the convictions as well as gang associations. The matter was accordingly set down to be determined by the Authority at a public hearing.

[3] The criteria that we must consider is set out in s.121(2) 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 any relevant qualifications that the applicant holds:

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

(f) Where the applicant intends to be the manager of a particular club, the extent of the applicant’s involvement in the management and activities of the club.

[4] Mrs Sisson provided written material in support of her application prior to the hearing and also gave evidence at the hearing.

[5] Mrs Sisson had disclosed her previous convictions and attached a copy of her conviction history list to the application. She was convicted in the Auckland High Court on 19 March 1999 for conspiracy to supply methamphetamine as well as two charges of engaging in a money laundering transaction. She was sentenced to four years imprisonment. Mrs Sisson pointed out that the convictions occurred some time ago.

[6] Mrs Sisson confirmed in her evidence that her husband is a member of the Hells Angels Motor Cycle gang but she did not see that this had any relevance to the current application.

[7] Mrs Sisson also gave evidence that she is no longer working in the industry, having left her employment at the “Murawai Golf Club” in August or September 2011. She has not worked in licensed premises since.

[8] While we have concerns as to character and reputation as well as the convictions and the Police report, as has been explained to Mrs Sisson, in terms of s.121(2)(c) and (f) (recent experience in managing any premises and involvement in the management and activities of the club) she does not fulfil the criteria for the issue of a Club Manager’s Certificate. The Authority has made it clear in several decisions that the certificate is viewed as a working document for those who are currently employed in the industry and have the support of an employer of licensed premises who wishes them to manage those premises.

[9] While unusually there was no appearance for the Police, as the applicant the onus is upon Mrs Sisson to satisfy us as to the relevant criteria. She has not been able to do so. We are therefore unable to grant the application and it must be refused.

DATED at WELLINGTON this 17TH day of May 2012

B M Holmes
Secretary

Vikki Sisson.doc(aw)