Perez [2012] NZLLA 834 (23 July 2012)

Last Updated: 21 August 2012

[2012] NZLLA PH 834

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARIA MELEHETE PEREZ pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WELLINGTON on 17 July 2012

APPEARANCES

Ms M M Perez – applicant
Sergeant J R Lewis – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Maria Melehete Perez pursuant to s.123 of the Act for renewal of a General Manager's Certificate.

[2] The certificate was first issued in 2011 and was due to expire on 27 May 2012. An application for renewal was made in time to the Wellington District Licensing Agency. Accordingly this is the first renewal sought after what is commonly termed the probationary year.

[3] The application form asks the applicant whether they have been convicted of any offence since the certificate was issued or last renewed. Ms Perez selected “no” which at the time was correct. However, the application attracted opposition from the Police as the applicant had three charges pending before the Court.

[4] At a hearing in the Lower Hutt District Court on 13 June 2012 Ms Perez was convicted of wilful damage. She was fined $200 and ordered to pay Court costs of $132.89. The more serious charges were apparently dismissed. The conviction arises out of a family violence incident that Police attended on 17 October 2011.

[5] Sergeant Lewis referred us to the decision Deejay Enterprises Limited NZLLA 531 – 532/97 where the Authority said:

“The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receives greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises.”

[6] One of the matters that we must take into account in determining an application for renewal pursuant to s.126 of the Act is the character and reputation of the applicant as well as any convictions recorded against the applicant since the certificate was issued or last renewed.

[7] Ms Perez utilises her certificate at the “CQ Hotel” in Wellington where she is a night manager/auditor. Ms Perez said that the incident had involved an ex-partner and that the wilful damage related to some ornaments that she had destroyed.

[8] We note that while the conviction is at the lower end of the scale that it did occur during the probationary year of the certificate first being issued. While we are prepared to renew the certificate we intend to do so for a further probationary year. The application is granted accordingly.

DATED at WELLINGTON this 23RD day of J uly 2012

B M Holmes
Secretary

Maria Perez.doc(aw)