Jarman [2012] NZLLA 616 (5 June 2012)

Last Updated: 10 July 2012

[2012] NZLLA PH 616

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RORY ANTHONY BARRY JARMAN 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 INVERCARGILL on 29 May 2012

APPEARANCES

Mr R A B Jarman – applicant
Sergeant A J Harris – NZ Police – in opposition
Ms D M McDonald – Invercargill District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Mr Jarman for a General Manager's Certificate.

[2] In terms of s.121 of the Act the Authority must have regard to the character and reputation of the applicant and any convictions recorded against him. In addition, his experience and training are also relevant.

[3] Mr Jarman has been working at “Players Entertainment” in Invercargill since August 2009. Thus, he has two and a half years’ experience in the licensed industry. “Players Entertainment” operates a bar, pool tables and gaming tables during the day time. At night it is a night club. It is a busy establishment. For the last six months Mr Jarman has been acting as a temporary manager having obtained his Licence Controller Qualification.

[4] The Police opposed the application citing, in particular, subs.(a) and (b) of s.121(1) of the Act. In particular, they referred to Mr Jarman’s previous convictions. On 9 June 2009 he was convicted of assault with intent to injure and being a male assaulting a female. The summary of facts pertaining to these two convictions indicate that the assaults occurred at a drunken party but were particularly serious. Then, on 17 May 2010 Mr Jarman was convicted of receiving stolen property. The incident occurred on 17 May 2010.

[5] In Deejay Enterprises Limited NZLLA 53 –532/97 the Authority commented that persons seeking a General Manager's Certificate needed to be of good character and free of criminal offending. This principle has been reiterated by the Authority on many occasions. In G L Osborne NZLLA 2388/95 the Authority indicated that normally where there have been serious convictions a person needs to be conviction free for five years before an application for a General Manager's Certificate will be granted.

[6] Surprisingly, for the last six months Mr Jarman has acted as a temporary manager from time to time. In accordance with s.128 of the Act it seems that when his appointment as a temporary manager was notified no opposition to it was given by either the Police or the Inspector.

[7] Mr Jarman’s employer Ms Robinson and co-worker, Mr Asplin both state that during his employment as a temporary manager, Mr Jarman’s work has been of a high standard and that he has matured considerably.

[8] Normally, in accordance with Osborne, this application would be refused outright. However, the failure of the Police and the Inspector to oppose Mr Jarman’s appointment as a temporary manager has given Mr Jarman a false sense of security. In these circumstances, whilst the Authority is not at this stage prepared to grant the application, it is prepared to adjourn it for a period of 12 months.

[9] Accordingly, the application is adjourned for 12 months.

DATED at WELLINGTON this 5th day of June 2012

B M Holmes
Secretary

Rory Jarman.doc(aw)