White [2003] NZLLA 18 (28 January 2003)

Last Updated: 9 July 2010

Decision No. PH 018/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GORDON FREDERICK WHITE pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

The applicant is the holder of a General Manager’s Certificate GM/023/345/2001 and has applied to the Rotorua District Licensing Agency pursuant to s.123 of the Act, for renewal of that certificate.

In their reports on the application, the Police and District Licensing Agency Inspector refer to the applicant’s conviction on 28 August 2002 for driving with an excess breath alcohol level. The Police and District Licensing Agency Inspector recommend the renewal of the certificate for a further one year only, rather than three.

A District Licensing Agency may only grant an unopposed application for renewal of a Manager’s Certificate for a term of three years. Accordingly, the present application has been forwarded to the Authority for determination.

The applicant has since indicated that he agrees to the renewal of the certificate for one year only. In the circumstances outlined, we accept the Police and District Licensing Agency Inspector’s recommendation that the applicant’s certificate be renewed for a lesser period. The application is granted and we renew the certificate to 7 November 2003 that being an anniversary of its original grant.

DATED at WELLINGTON this 28th day of January 2003

B M Holmes
Deputy Secretary

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