Russo, re [2003] NZLLA 207 (3 April 2003)

New Zealand Liquor Licensing Authority

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Russo, re [2003] NZLLA 207 (3 April 2003)

Last Updated: 28 February 2010

Decision No. PH 207/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TREVOR JOHN RUSSO 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 TAURANGA on 18 March 2003

APPEARANCES

No appearance by or on behalf of applicant
Ms D Daubney – Tauranga District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Trevor John Russo for a General Manager’s Certificate.

[2] The issues in respect of the criteria under s.121 of the Act, relate to Mr Russo’s character and reputation, and also experience in managing licensed premises. The application was lodged in October 2001. This was about the same time as Mr Russo lodged an application for on and off-licenses in respect of premises at 77 Girvan Road in Mt Maunganui. Mr Russo owns and operates a dairy at the front of the site, and wished to establish a bar café and off-licence at the rear. The Authority heard an opposed application on 12 April 2002. It declined the application on the grounds of Mr Russo’s suitability. Mr Russo appealed against that decision, and the Authority decided to await the outcome of that appeal, before dealing with the application for a General Manager’s Certificate. In the event the appeal was not successful, and this matter was set down for a public hearing.

[3] In terms of the reports from the agencies the District Licensing Agency Inspector noted that Mr Russo had operated a liquor outlet in Te Awamutu back in 1994, and had not operated or managed licensed premises since. Mr Russo fulfilled the other criteria listed in s.121 of the Act. The Authority has stated from time to time that it will not grant manager’s certificates simply as a ‘bankable resource’ which may be used as part of a person’s CV, or which may give a person the potential to be employed, when there is a lack of experience. On the other hand if people are seriously interested in entering the hospitality industry, and have confirmed employment, the rules are not necessarily inflexible.

[4] In this case Mr Russo has not appeared to explain why it is that he still wishes to have a manager’s certificate. We have received three different reports on his situation. Mr Russo was spoken to recently by the Inspector. He stated then that he had a brother who had licensed premises, and he might wish to work there from time to time. He has not worked there yet. If such employment had been established, this may have been sufficient material on which to grant the application. Mr Russo’s lawyer advised prior to the hearing that the application was not proceeding. The Authority received messages from Mr Russo indicating that he was intending to apply for an adjournment of the application, and that an adjournment application would be faxed to the Authority. No such fax has been received.

[5] Because of his absence from the hearing, we draw the conclusion that Mr Russo is no longer interested in pursuing his application for a manager’s certificate, following the unsuccessful application to run licensed premises at Girvan Road. Accordingly the application is declined.

DATED at WELLINGTON this 3rd day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Russo.doc(afw)