Robson, re [2004] NZLLA 254 (12 April 2004)

Last Updated: 7 March 2010

Decision No. PH 254/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JAYNE ELIZABETH ROBSON pursuant so 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 1 April 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr R B Hunt - Auckland District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jayne Elizabeth Robson 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. Those criteria are:

(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 Ms Robson had been employed at the “Arthur Street Bar and Grill” for approximately seven months. Ms Robson had undergone a course of training in the Sale of Liquor Act with Liquor Licensing Consultants 2000 Limited, and she had obtained a certificate of competency dated 6 November 2002.

[3] The Inspector has opposed her application on the grounds that she has a conviction for excess breath alcohol on 10 April 2002 with a level of 530 micrograms per litre of breath. The Inspector also opposes the application on the grounds that Ms Robson failed to attend an interview to ascertain her suitability to hold a General Manager’s Certificate.

[4] The Inspector had scheduled four appointments with Ms Robson on 19 September 2003, 25 September 2003, 8 October 2003 and 21 October 2003 and Ms Robson failed to attend any of them. He therefore has been unable to ascertain her suitability to be the holder of a General Manager’s Certificate.

[5] Ms Robson has failed to appear today to support her application. Mr G Scott of Liquor Licensing Consultants Limited has also notified the Authority by facsimile that his attempts to contact Ms Robson have been fruitless. He states that she is no longer employed at the “Arthur Street Bar and Grill” in Onehunga nor does she reside at her former address, and she is no longer a subscriber to her former telephone numbers. Mr Scott is therefore unable to take further instructions.

[6] By Ms Robson’s absence today we can only conclude that she no longer wishes to pursue her application.

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

DATED at WELLINGTON this 12th day of April 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Jayne Robson.doc(afw)