Rambelje, re [2003] NZLLA 72 (26 February 2003)

Last Updated: 18 February 2010

Decision No. PH 72/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RUDI PETER DE LA RAMBELJE 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 22 January 2003

APPEARANCES

Applicant – in person
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant D G Verner – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rudi Peter De La Rambelje.

[2] The application was filed on 11 February 2002. The application was accompanied by a certificate from D A Richards & Associates confirming that Mr De La Rambelje had attained passes under the Sale of Liquor Act 1989 and host responsibility.

[3] Mr De La Rambelje has been a director and part-owner of Turners Steakhouse Café Bar and Restaurant since 1996. Initially he was not involved in the day-to-day running of the business. However, he decided that it would be appropriate for him to have a manager’s certificate so that he could be of greater assistance in the running of the business.

[4] He has a number of references, and there are no relevant convictions against him.

[5] Mr De La Rambelje arranged an appointment with the District Licensing Agency Inspector to test his knowledge of the Sale of Liquor Act. The test consisted of some 26 questions with a total of 37 marks. The pass mark is 30 which is the equivalent of 80% correctly answered questions. The applicant received a mark of 27, and in April 2002 a further appointment was made.

[6] Two things conspired to prevent Mr De La Rambelje from continuing with the appointment process. He changed his address from Paraparaumu to Tawa, and then developed meningitis. He has been ill for the last four and a half months. It was because of the lack of contact with the Inspector that the matter was set down to see whether Mr De La Rambelje was still interested in pursuing the application.

[7] Mr De-La Rambelje appeared today. He is still under the doctor, and he expects to be clear of the illness within a month depending on what his doctor has to say. He is very keen to proceed with his application. On that basis he has agreed that he will undergo a further interview to test his knowledge of the Act. Mr Putze has indicated that if he passes the interview, there will be no further issues with the application and it can be granted on the papers.

[8] The decision of the Authority is therefore to adjourn this application for three months. If in the course of that time Mr De La Rambelje makes an appointment with the Inspector and confirms that he has sufficient knowledge of the Sale of Liquor Act, then the application can be granted on the papers. If no such appointment is made, or if in fact Mr De La Rambelje is unable to show that he has sufficient knowledge of the Act, then the matter will be set down for a further hearing.

DATED at WELLINGTON this 26th day of February 2003

__________________ ___________________
Judge E W Unwin Mr J C Crookston
Chairman Member

de-larambelje.doc (md)