Lyndon, re [2003] NZLLA 247 (16 April 2003)

New Zealand Liquor Licensing Authority

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Lyndon, re [2003] NZLLA 247 (16 April 2003)

Last Updated: 6 March 2010

Decision No. PH 247/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HINEAMARU AKINIHI TANGATA WHENUA LYNDON 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 WELLINGTON on 4 April 2003

APPEARANCES

No appearance by or on behalf of the applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Hineamaru Akinihi Tangata Whenua Lyndon for a General Manager’s Certificate.

[2] The application was filed on 24 April 2002.

[3] Ms Lyndon attended for an interview with the Inspector, and was required to sit a second test before she achieved a pass mark concerning her knowledge of the Act.

[4] At the time of the application, Ms Lyndon was 18 years of age. She is now 19, and according to the application had been working at “Star Mart” for nearly two years.

[5] Ms Lyndon had received a certificate from D A Richards & Associates NZ Limited, and she also had the support of the site manager of “Star Mart”, Grand Arcade. There have been several attempts by the Authority to contact Ms Lyndon. The information before the Authority is that she may well have moved to Auckland. There was a report that she was intending to withdraw her application by facsimile.

[6] In the event no such facsimile has been received, and there has been no appearance by the applicant.

[7] The Authority takes the view that if an applicant does appear, then the Authority has a better opportunity to test his or her maturity. In this case, the Authority may well have looked to obtaining an undertaking that any manager’s certificate would be used only in off-licenced premises.

However, in the absence of the applicant it can only be assumed she is no longer interested in pursuing her application.

[9] It is accordingly refused.

DATED at WELLINGTON this 16th day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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