MacLennan, re [2003] NZLLA 156 (17 March 2003)

Last Updated: 22 February 2010

Decision No. PH 156/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROBERT HUGH MACLENNAN pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at WHANGAREI on 6 March 2003

APPEARANCES

Mr R H Maclennan - applicant
Ms M Wan - Whangarei District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager’s Certificate. There are a number of criteria which must be considered by the Authority in coming to its decision. The issue today is criteria number (c) in s.121 of the Act. Criteria (c) reads:-

“Any experience in particular recent experience that the applicant has had in managing any premises or conveyance in respect of which a licence was in force.”

[2] Mr Maclennan is a mature individual. He is also a licensee of licensed premises. He owns a company known as Tawera Enterprises Limited. That company was granted an on-licence on 5 March 2002 in respect of premises situated at 30 Cove Road, Waipori, known as “Waipori Tramsmen Motel and Restaurant”. The licenced restaurant which is part of the complex is run by Mr Maclennan’s daughter who has a General Manager’s Certificate.

[3] Mr Maclennan is a farmer and lives at Kaukapakapa. It has been found that from time to time he is needed to assist with the running of the licensed restaurant. Although there is provision for a temporary manager to be appointed under s.128 of the Act, Mr Maclennan has gone to the extent of receiving training with Hotel Consulting Services. He has some historic experience with working in licensed premises. There are no Police concerns about his suitability.

[3] The District Licensing Agency have quite properly brought the matter to our attention, because of Mr Maclennan’s limited recent experience in managing licensed premises.

[4] At the hearing Mr Maclennan signed an undertaking that if he was granted a manager’s certificate, he would only use that certificate in order to operate the licensed restaurant known as “Waipori Tramsmen Motel and Restaurant.” In those circumstances the District Licensing Agency Inspector was prepared to withdraw the Agency’s opposition. We propose to grant the application accordingly.

[5] We would like to point out that in the future if Mr Maclennan gains the requisite experience, he may be relieved of the condition attaching to his manager’s certificate by application to the District Licensing Agency.

[6] The application is granted accordingly.

DATED at WELLINGTON this 17th day of March 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Maclennan.doc(afw)