Teka, re [2004] NZLLA 233 (8 April 2004)

Last Updated: 3 March 2010

Decision No. PH 233/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NGAHUIA (MISSY) TEKA 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 Ngahuia (Missy) Teka for a General Manager’s Certificate pursuant to s.118 of the Act. The criteria to which we must have regard is 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] At the time of her application Miss Teka was the owner operator of “Missy’s Bar” at 252 Great North Road, Henderson, Waitakere. She has a certificate from Hospitality Management Consultants Limited dated 14 October 2003 certifying that she had completed a course of instruction in the Sale of Liquor Act 1989.

[3] When the Inspector interviewed her on 3 December 2003 Miss Teka displayed an excellent knowledge of the Sale of Liquor Act and the responsibilities of a duty manager under the Act.

[4] Miss Teka had been operating the premises under a lease, and through a misunderstanding she believed that she was able to operate the premises as a bar even though she had not applied for a temporary authority or a licence. The Police advised her of the offence of operating unlicensed premises, and that she could not operate a tavern in a Trust controlled area. Consequently, “Missy’s Bar” has closed.

[5] The Authority has indicated in the past, on a number of occasions, that it is not in the business of granting certificates so that they may be used as part of a person’s CV or indeed as a bankable resource. They are only granted to applicants who are employed in the industry. The Inspector could not confirm whether Miss Teka is still employed in the hospitality industry.

[6] Miss Teka has not appeared today to support her application, and we can only conclude that she does not wish to pursue her application.

[7] In all the circumstances Miss Teka’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

Teka.doc(nl)