Onishi [2012] NZLLA 849 (27 July 2012)

Last Updated: 29 January 2013

[2012] NZLLA PH 849

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SANAE ONISHI 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 WELLINGTON on 17 July 2012

APPEARANCES

Miss S Onishi – 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 Sanae Onishi pursuant to s.118 of the Act for a General Manager's Certificate. The application was filed with the Wellington District Licensing Agency on 7 February 2012. It was supported with a copy of the required Licence Controller Qualification issued on 24 November 2011. A reference was also provided from the applicant’s employer at “Wasabi Sushi”, Cuba Street, Wellington where she has been employed for approximately 12 months.

[2] The criteria that we must consider are set out in s.121(1) of the Act.

(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.

[3] The application attracted opposition from the District Licensing Agency Inspector in his report made under s.119 of the Act. The applicant failed to satisfy Mr Richard Putze, who is an experienced Inspector, when he interviewed her on 1 March 2012, as to her knowledge of the Sale of Liquor Act and of the responsibilities of a duty manager. Mr Putze was also concerned that she had shown a limited understanding and ability to communicate in the English language.

[4] Miss Onishi declared on the application form that she had no convictions. The application was dated 6 February 2012 and at that time this was correct. However, on 10 February 2012 Miss Onishi was convicted of an excess blood alcohol offence. On 25 December 2011 she was found to be driving with an excess blood alcohol content of 100 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 milligrams of alcohol per 100 millilitres of blood.

[5] The conviction was revealed during the Police vetting procedure and consequently resulted in Police opposition to the application. At the hearing Miss Onishi’s Criminal and Traffic History was produced confirming the conviction in the Wellington District Court when she was disqualified from driving for six months.

[6] Sergeant John Robertson Lewis is the Alcohol Harm Reduction Officer based at Wellington Central Police Station. He referred to the guideline decision of G L Osborne NZLLA 2388/95 where the Authority stated:

“Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises.”

[7] That decision also went on to state that where there was an isolated conviction, such as in the present case, a two year stand down period would be expected.

[8] After hearing from Miss Onishi we share the concerns raised by the District Licensing Inspector in his report. The predominant issue however is that the conviction is still too recent. The offence took place only six months ago and the two year stand down period expected will not expire for another 18 months. This period of time is simply too long to adjourn the application. Accordingly the application must be refused.

[9] If Miss Onishi wishes to make a new application at a future date, she will need to show an improvement in both knowledge and communication abilities.

DATED at WELLINGTON this 27TH day of July 2012

B M Holmes
Secretary

Sanae Onishi.doc(aw)