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District Licensing Committee
Date 7 April 2015
Time 10:30
Venue Council Chamber 515 Mackay Street Thames
Members
Commissioner/Chairperson A Vane
Members PL French PA Brljevich
Deputations and Presentations
Time Item Business 10:30 1.1 Renewal of Manager's Certificate - Joshua Ross
Calder Marion Smith
District Licensing Secretary DISTRICT LICENSING COMMITTEE
What Happens at a Hearing
At the start of the hearing, the Chair will introduce him/herself, and other members of the committee, and any District Licensing Committee supporting staff present at the hearing. The Chair will then briefly outline the procedure for the hearing and may call upon the parties present to introduce themselves. If written information or evidence is to be presented, there must be sufficient copies provided by the submitter at the hearing. Please check with the committee advisor how many copies will be required prior to the hearing. Catering is not provided at the hearing. Scheduling of Submitters At the Hearing the Chair will set the order of speakers and will establish the time required for the submitters to present their case. If a submitter believes they need more time this must be indicated to the Chair early. Hearing Procedure The usual procedure for a hearing conducted in accordance with the Sale and Supply of Alcohol Act 2012 Act is:
The applicant will be asked to present his/her case. The applicant may be represented by legal counsel or consultants and may call witnesses in support of the application. The Committee will have the opportunity to ask questions relating to the information as it is presented. Submitters to the application will then be asked to present their submission. Submitters may also be represented by legal counsel or consultants and may call witnesses on their behalf. The Committee will have the opportunity to question each speaker individually.
Whenever the authority or committee holds a public hearing it may in its discretion hold any part of the sitting in private if, having regard to the interests of persons appearing and being heard and to the public interest, it thinks it is proper to do so.
The committee may in any case deliberate in private as to its decision on any matter or as to any question arising in the course of any proceedings.
Any of the following persons may appear and be heard, whether personally or by
counsel, and call, examine, or cross-examine witnesses, in any proceedings stated in sec 204(3)(1)
The applicant
An objector
An inspector
A constable
A Medical Officer of Health
Evidence in proceedings before the licensing committee The licensing committee may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectually with any matter before it, whether or not the statement, document, or matter would be admissible in a court of law. The Committee then generally adjourns the hearing for deliberation and the applicant, submitters and their representatives leave the room.
The Committee will then consider the application and make a decision. A decision takes effect on the date stated in the decision and it is in writing. A copy of the decision is given to the:
Applicant
Each objector who appeared at the hearing and
Any other objector who request a copy. The licensing authority must take all reasonable practicable steps to ensure the copies of its decisions are publicly available.
District Licensing Committee Hearing Order Paper 7 April 2015
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Table of Contents
Item Business Page No.
1 Hearing 5 1.1 Hearings for Renewal of Manager's Certificate 5
Attachment A - Application Form 7 Attachment B - New Zealand Police Objection 13 Attachment C - Email to applicant advising New Zealand Police Objection 15
District Licensing Committee Hearing Order Paper 7 April 2015
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1 Hearing
1.1 Hearings for Renewal of Manager's Certificate
REPORT TITLE: RENEWAL OF MANAGER'S CERTIFICATE APPLICANT: JOSHUA ROSS CALDER CERTIFICATE NUMBER: 11/CERT/19/2015 REPORTING OFFICER: T.O'SHANNESSEY, CHIEF LICENSING INSPECTOR DATE OF REPORT: 02 March 2015
1. Purpose of The Report 1.1 The Sale and Supply of Alcohol Act 2012 requires the Licensing Inspector to report on applications for the renewal of manager’s certificates to assess the suitability of the applicant to hold a certificate. 2. Background 2.1 The Act requires that when alcohol is being sold or supplied to the public on any licensed premises a manager must be on duty and be responsible for compliance with the Act and the conditions of the licence. 2.2 Managers must hold the prescribed qualification. 2.3 As this application was lodged after 18 December 2013 a Licensed Controller Qualification based on the Sale of Liquor Act 1989 is acceptable, however the LCQ bridging test is required. 2.4 Managers must be of suitable character to hold a manager's certificate. 2.5 Certificates expire after one to three years as determined by the District Licensing Committee and managers must apply for a renewal of the certificate before the expiry date. The District Licensing Committee may renew a manager’s certificate for a period of up to three years if the application is not opposed by any reporting agency. 2.6 This application was lodged on 20 February 2015. 3. Narrative
3.1 The character and reputation of the applicant 3.1.1 The applicant has advised that they have two convictions, both relating to drink driving charges in 2014. 3.2 Police Report and/or Convictions or Holdings recorded against the applicant 3.2.1 The New Zealand Police have objected to the application. Their emailed report is dated 26 February 2015. 3.2.2 The police report states that the applicant has four convictions in the 16 months prior to that date, of which two are for excess breath alcohol.
District Licensing Committee Hearing Order Paper 7 April 2015
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3.3 Management of the sale and supply of alcohol 3.3.1 I am unaware of anything adverse about the manner in which the applicant has conducted the sale and supply of alcohol in a licensed premises. 4. Other Matters 4.1 The applicant has been granted a Licensed Controller Qualification which considers the Sale of Liquor Act 1989. 4.2 The applicant has also been granted the LCQ Bridging Test Completion Certificate dated 17 February 2015. 4.3 The applicant has provided a date of birth as 14 June 1982. 4.4 The applicant had advised at that they were employed at The Pepe, Tairua, at the time of the application. 5. Conclusion 5.1 The applicant holds the required qualification to apply for a renewal of Manager Certificate for the full 3 year period as is permitted by the Act. 5.2 The applicant is over the age of 20 years. 5.3 The application has been opposed by the New Zealand Police and recent adverse history is noted. 5.4 The applicant is currently employed in a licensed environment. 5.5 The applicant has advised that they wish to pursue the application even in light of Police objection. 6. Recommendation 6.1 That the Committee decides whether to decline the application for Manager Certificate
pursuant to Sec 228(1) and (3) or whether it wishes to allow parties to be heard via public hearing.
FORM NO 19. 99035
TO THE SECRETARY: DISTRICT LICENSING COMMITTEE APPLICATION FOR RENEWAL OF MANAGER CERTIFICATE, SECTION 224, SALE AND SUPPLY OF ALCOHOL ACT 2012 Application for the renewal of a manager certificate is made in accordance with the details set out below.
20 FEB fH5---- Important information
• If your Manager's Certificate has expired, it ctmnQt be renewed. You must make application for a new Manager Certificate. • The application is only to be signed by the applicant or the applicants' Solicitor or Agent. RECEIVED BY • Incomplete applications filed with the District Licensing Committee will not be accepted.
(A) Full name Joshua Ross Calder of applicant
Known Aliases Gender jj MAI.E FEMALE
(B) Residential address 111 Moire Road (D) Applicants' 4/06 182.
Massey (E)Daytime 021 2239518 - Auckland contact name
Telephone number include area code
(C) Postal address Email for service documents 111 Moire rd M a s s e y - - . - - - - - [email protected]
A ' Mobile uc ian
. 021 2239518 0618 Drivers licence
or Passport number LH928327 nz passport
Name the licensed premises you currently work in Pepe restaurant Tairua
Has the applicant been convicted o f any offence since the certificate was issued or last renewed? Y E no
(other than convictions for offences against provisions o f the Land Transport Act 1998 not contained in Part 6, and offences to which the Criminal Records (Clean Slate) Act 2004 applies.
I f YES, what was the nature of the offence; date of conviction; penalty suffered?
DjCMa rah . 2 j 4 _ _ 6 m o n t h s loss of license fines totally $1000 DIC_ October 914 7fl.oflthsjoss...ofJiflecOmffiufljtyseMGe_1.4Ohrs
(H) What steps has the applicant taken to manage the sale and supply o f alcohol pursuant to the licence with the aim o f contributing to the reduction o f alcohol abuse?
Alcohol remains reasonably priced, low & non alcohol products including water, tea & coffee are available at all times. A wide selection of food is on offer at all times. Altern
is
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(A) Original managers certificate number 007/GM/1 6242/2011
( B ) Date of expiryof certificate 21 / 0 2 / 2015 or renewal certificate:
Does the applicant hold the Licence Controller Qualification (or a prescribed qualification within the meaning of Secion 28 YES NO
of the Sale and Supply of Alcohol Act 2012) Ed 1-1 2007
Date Granted (DD/MM/YYYY)
Please note The New Zealand Police are required by the Sale and Supply of Alcohol Act 2012 to make enquires into the suitability of the applicant. This may involve the Police informing the District Licensing Committee and the Alcohol Regulations and Licensing Authority of any convictions or concerns involving the applicant. Should there be any concerns the applicant will also be informed.
Full N a m e Joshua Ross Calder Please pr int clearly
A 12/01/2015
Applicant Signature Date (DD/MM/YYYY)
Notes
1. This application must be filed with the District Licensing Committee before the certificate expires. Where the applicant is presently employed as a manager, it should be filed with the Committee for the district in which the applicant is employed. In other cases, it should be filed with the Committee for the district in which the applicant is residing.
2. For the matters which are to accompany this application, Sale and Supply of Alcohol Regulations 2013.
Cheques to b e m a d e payable to: The application together with fee payable can be posted to: Thames-Coromandel District Council The Secretary For fees, see our fees and charges* page at: Thames-Coromandel District Licensing Committee www.tcdc.govt.nz/fees 515 Mackay Street
For any inquiries, please contact our: Private Bag Thames 3540
Customer Services Team Alternatively the application with the fee payable can be made at the Phone: 078680200 following Area Service Centres: Fax: 078680234 Email: customer.services©tcdc.govt.nz Coromandel Service Centre Thames District Office
355 Kapanga Road, Coromandel 515 Mackay Street, Thames
Mercury Bay Service Centre Whangamata Area Service Centre *Fees and charges can change annually. 10 Monk Street, Whitianga 620 Port Road, Whangamata
U A l l R n ( : C s I i I I , S 5 1 5 ) 5 5 5 , 5)511 E 5 I N ( i 1121151 11
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Section 125 & 127 of the Sale of Liquor Act 1989
PURSUANT to the Sale of Liquor Act 1989
JOSHUA ROSS CALDER
Your General Manager's Certificate 007/GM/I 6242/2011
is renewed.
Subject to the requirement of the Act relating to the payment of fees, and to the provision of the Act
relating to the suspension and cancellation of manager's certificates, this shall expire as below,
unless again renewed,
THIS CERTIFICATE EXPIRES ON 21-Feb-2015
DATED at Orewa this 25th day of January 2012
4 Rosemary Hagg
Secretary AUCKLAND DISTRICT LICENSING AGENCY NORTH
This certificate is valid only if it has an original seal
9
SECURITY ELEMENTS I AHUATANGA KAUPARE MAHE i f t . Jotuie 0111 I .111 lOper p r , i t red IrriLl
001,
uv
E4d0 p 0 1 polO
: • • . :
• • • c o -"'Of 4
\ / 0001 01 000012
• - ' ' l ' 1 0 2 I M t I '
111(11 • 0 . _ — -
. 1 0 1 1 8 0 1 0 ? <ii?
S 'i-itrare o f Holder I Waitohu Kaipupurr
- - - - - - - - - - - - - - - ---------
PASSPORT NEW ZEALAND I AOTEAROA U RUVo' HENUA r , p . I Mi mo mit Whenua Pasri i t No fair Liwfoerorrr
N Z L LH928327
CALDER Geerrrrrrr ,s I ripe ,Jr.
JOSHUA ROSS Jar roirlrtp I wi trill
NEW ZEALAND Date or1 hr I P i W I l P O I L L Sto i I Pee W rhrr,i
14 JUN 1982 M P ace of bitt h I W a l e oi l Pr rot
AUCKLAND Date of cOlic I PP l I m a t rrer Date of expiry I Ri rrrutunga
20 OCT 2 0 1 4 20 OCT 2019 Autlrorily I 01 04 l a I ku
DIA WLG
10
11
~L1 C, A Q I F I C A T i O N L i L I I
QU
BRIDGING TEST
This is to certify that
Joshua Calder
has successfully completed the
Licence Controller Qualification Bridging Test
on
17 February 2015 This certificate is awarded in recognition o f the recipient completing the LCQ Bridging Test, which covers the Sale and Supply of
Alcohol Act (2012) for holders o f an LCQ Certificate awarded under the repealed Sale o f Liquor Act (1989). This certificate does not replace the Licence Controller Qualification (LCQ) or verify the completion o f NZQA unit standards. The Completion Certificate should
be presented along with a corresponding LCO Certificate for the application o f the t'4anagers Certificate.
Certificate No: 1200461
Service Chief Executive Officer ServicelQ (Service Skills Irisititute)
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the pep LICENSED CAFE & RESTAU RAN
To whom it may concern,
Joshua Calder has worked for the Pepe Café and restaurant since 21/10/2014 and is a valued employee
He has been employed as a Barista and duty manager for the Bar and Restaurant.
Joshua has a good knowledge of the sale of liquor act and has at all times adhered to our in house policies regarding the sale of liquor. Because of this Joshua has become a valuable member of our team.
Should you need further information I can be contacted on 07 8647 774 or 07 8648 209
Regards,
Steve Morris
Owner,
The Pepe Café and Restaurant
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From: MACPHERSON, Judith (Judi) [[email protected]]Sent: Thursday, 26 February 2015 2:12:50 p.m.To: Hillary HodgesSubject: RE: Managers Certificate - Joshua Calder
Police object to this application. CALDER has convictions for 4 offences in the last 16 months, 2 of these being for Excess Breath Alcohol. Judith MACPHERSON Watchhouse Officer | New Zealand Police P +64 7 865 0303 Ext: 78803 | E [email protected] Whangamata Station, 102 Hetherington Road, PO Box 43, Whangamata 3643 www.police.govt.nz Safer Communities Together Check out NZ Police on Facebook Find NZ Police on Twitter
From: Hillary Hodges [mailto:[email protected]] Sent: Tuesday, 24 February 2015 11:46To: GILBERT, CraigCc: MACPHERSON, Judith (Judi)Subject: Managers Certificate - Joshua Calder Hi Craig and Judy, Please find attached application for Managers renewal. Thank you Hillary HodgesCommunity Environment Administrator Thames-Coromandel District CouncilPrivate Bag, 515 Mackay Street, Thamesp: 8680200 f: 8680234 e: [email protected]: www.tcdc.govt.nz
The contents of this e-mail may be CONFIDENTIAL OR LEGALLY PRIVILEGED, and is intended only for the persons named above. If this e-mail is not addressed to you, you must not use, read, distribute or copy this document. If you have received this document by mistake, please call us and destroy the original. Thank you. Please consider the planet before printing out this email. Thank you. ===============================================================WARNING
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The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents.Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately
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From: Hillary Hodges [[email protected]]Sent: Friday, 27 February 2015 12:40:05 p.m.To: [email protected]: Managers Certificate - Joshua Calder - Police Objection
Hi Josh, Following up with your managers certificate renewal. Police have sent me their objections. It is attached for your information. The inspector will prepare her report for the committee and they will make a decision. You are able to speak to the reporting officer at the Whangamata office should you require more information or feel you can supply more information in regards to their objections. If you speak with them and their objection is withdrawn they are required to let me know. Should this happen it will be advised to committee also. If you have any questions, please let me know. Kind Regards Hillary HodgesCommunity Environment Administrator Thames-Coromandel District CouncilPrivate Bag, 515 Mackay Street, Thamesp: 8680200 f: 8680234 e: [email protected]: www.tcdc.govt.nz
The contents of this e-mail may be CONFIDENTIAL OR LEGALLY PRIVILEGED, and is intended only for the persons named above. If this e-mail is not addressed to you, you must not use, read, distribute or copy this document. If you have received this document by mistake, please call us and destroy the original. Thank you. Please consider the planet before printing out this email. Thank you.
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