Poa, re [2004] NZLLA 185 (23 March 2004)

Last Updated: 27 February 2010

Decision No. PH 185/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KAPUATERE POA 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 AUCKLAND on 25 February 2004

APPEARANCES

No appearance by or on behalf of the applicant
Mr M S Webster - North Shore District Licensing Agency Inspector - in opposition
Constable B R Law - NZ Police - in support

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Kapuatere Poa pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) 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:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] The application was opposed by the Inspector on the grounds that the applicant failed to attend an interview to determine her suitability for a General Manager’s Certificate. She deferred her first appointment and failed to attend the second.

[3] Prior to making her application, the applicant had been employed at the “North Shore Cosmopolitan Club” although it is not clear in what capacity she was employed. The Inspector advises that she has not worked at the club since October 2003.

[4] The applicant has completed a course of instruction with Swain and Associates in managing the sale and supply of liquor.

[5] Ms Poa has not appeared today to support her application although a staff member of the Authority had advised her by telephone of the date of this hearing. The Police advise that Ms Poa is facing some charges in the North Shore District Court which are due to be heard on 19 March 2004.

[6] By her absence today we can only conclude that Ms Poa no longer wishes to pursue her application. In all the circumstances Ms Poa’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 23rd day of March 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Kapuatere Poa.doc(afw)