Reece, re [2004] NZLLA 232 (8 April 2004)

Last Updated: 3 March 2010

Decision No. PH 232/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PHILIP JAMES REECE 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 30 March 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr C G Taylor - Waitakere District Licensing Agency Inspector - in opposition
Senior Constable J P Loye - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Philip James Reece 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 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 Inspector opposed the application on the grounds that when the applicant was interviewed he had displayed a poor knowledge of the Sale of Liquor Act and his responsibilities as a duty manager under the Act. He also lacked sufficient experience.

[3] The Inspector gave Mr Reece two choices. He could be re-interviewed when he had obtained more experience in the industry, and if he showed a good knowledge of the Sale of Liquor Act, the Inspector would withdraw his opposition to Mr Reece’s application. Alternatively, the Inspector would oppose Mr Reece’s application on his lack of knowledge and experience, and send the application to the Authority for a hearing. The applicant elected to come back at a later stage for a second interview.

[4] After a period of six months had elapsed the Inspector attempted to contact Mr Reece. He wrote to him, and he also left several messages for the applicant to contact him. There was no response from Mr Reece. Mr Taylor also contacted the applicant’s last known employer. He was informed that the applicant no longer worked at the premises. The Inspector has been unable to contact Mr Reece to determine his suitability to be the holder of a General Manager’s Certificate.

[5] At the time of making his application Mr Reece had been employed at “Westgate Tenpin Bowling Centre” in Waitakere City for eight months. He had attended a course of instruction with Tachelle Consulting Services and received a certificate of competency on 26 April 2003.

[6] Mr Reece has not appeared today to support his application. By his absence we can only conclude he no longer wishes to pursue his application.

[7] In all the circumstances Mr Reece’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 8th day of April 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Reece.doc(nl)