Taylor v Mason [2012] NZLLA 622 (6 June 2012)

Last Updated: 10 July 2012

[2012] NZLLA PH 622-623

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number 070/GM/26/2007 issued to MELISSA JANE MASON

BETWEEN THOMAS ALEXANDER TAYLOR

(Police Officer of Balclutha)

Applicant

AND MELISSA JANE MASON

Respondent

AND

IN THE MATTER of an application by MELISSA JANE MASON pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at BALCLUTHA on 28 May 2012

APPEARANCES

Senior Constable T A Taylor – NZ Police – applicant and in opposition to application for renewal of General Manager's Certificate
Mrs M J Mason – respondent and applicant for renewal of General Manager's Certificate
Mrs C F Shaw – Clutha District Licensing Agency Inspector – in opposition to application for renewal of General Manager's Certificate

DECISION OF THE AUTHORITY

[1] This decision relates to two applications. The first is for the suspension of the General Manager's Certificate issued to Mrs Mason. The second is an application for the renewal of her General Manager's Certificate.

[2] At the hearing the grounds for the enforcement application were conceded. It was admitted that on 4 April 2011 Mrs Mason was convicted of theft from the premises where she was previously employed. Thus, the only issue for the Authority in respect of the enforcement application was whether or not it was desirable that an order be made. When Mrs Mason received a letter from the Authority in September 2011 to the effect that an application for the suspension of her General Manager's Certificate had been filed and that the application for its renewal was opposed, she thought she was no longer entitled to use her certificate. Accordingly, her General Manager's Certificate has voluntarily been suspended for eight months. In these circumstances it is not desirable that any order be made in respect of that application.

[3] Generally, where a person is convicted of theft in a position of trust that person is unable to establish that she has appropriate credentials in terms of s.126(1) of the Act for the issue of a General Manager's Certificate. However, in this case, since the offence Mrs Mason has been employed at the “Catlins Cafe”. Mr Clark, the owner of the cafe, informed the Authority that when he employed Mrs Mason he was aware of the theft charge. He regards her as an exemplary employee and has put her in sole charge of the cafe on a number of occasions. This has included handling money.

[4] The theft was at the lower end of the criminal scale. There were unusual circumstances pertaining to its commission. Mrs Mason comes before the Authority with an excellent testimonial from her employer. In all the circumstances the Authority is satisfied that the criteria set out in s.126 of the Act have been satisfied.

[5] Mrs Mason’s General Manager's Certificate is renewed for a period of 18 months from 26 October 2011 provided she complies with her undertaking that she will only use the certificate whilst working at “Catlins Cafe” or such other place of employment as is approved by the Inspector.

DATED at WELLINGTON this 6th day of June 2012

B M Holmes
Secretary

Melissa Mason.doc(aw)