Van, re [2004] NZLLA 240 (8 April 2004)

Last Updated: 4 March 2010

Decision No. PH 240/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MIWAH VAN pursuant to s.123 of the Act for renewal of 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 31 March 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr A McMath - North Shore District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Miwah Van pursuant to s.123 of the Act for renewal of a General Manager’s Certificate. The criteria to which we must have regard are set out in s.126 of the Act and they are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] When Ms Van made her application she was employed at the “Bankers Arms Tavern”. The Inspector reports that the premises has now changed ownership and Ms Van is no longer employed there. The Inspector has made a number of attempts to contact Ms Van both personally and by leaving telephone messages, which have been unsuccessful. Consequently, the Inspector has been unable to ascertain if the applicant is still employed in the industry. The Inspector has therefore opposed the application.

[3] The Authority has indicated in the past on a number of occasions that it is not in the business of granting certificates so they may be used as part of a person’s CV or indeed as a bankable resource. There are up to 30,000 certificated general managers in this country, and it is the current wisdom that many of those are simply holding certificates without using them.

[4] Ms Van has not appeared today to support her application. By her absence today we can only conclude that Ms Van has no further interest in pursuing her application.

[5] In all the circumstances Ms Van’s application for renewal of 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

Miwah Van.doc(afw)