Vendetti, re [2004] NZLLA 256 (12 April 2004)

Last Updated: 7 March 2010

Decision No. PH 256/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SAM JOSEPH VENDETTI 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 2 April 2004

APPEARANCES

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

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sam Joseph Vendetti 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 and 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] The application is opposed by the Police and the Inspector. The Police opposed the application on the grounds that Mr Vendetti was found guilty in the Youth Court of unlawfully taking a motor vehicle and using a document for pecuniary advantage. Constable Langdon advised the Authority today that since those matters came to light Mr Vendetti has been convicted in the District Court at Waitakere of some other matters.

[3] When Mr Vendetti submitted his application he stated that his date of birth was 1 February 1984 when in actual fact his date of birth was 1 February 1986. Mr Vendetti had made an obvious attempt to inflate his age. At the time of his application he was only 17 years of age.

[4] The Inspector reports that he has made several unsuccessful attempts to contact Mr Vendetti to interview him to determine his suitability to be a General Manager of licensed premises.

[5] At the present time Mr Vendetti’s whereabouts are unknown. It is not known whether he is employed in the industry.

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

[7] In all the circumstances Mr Vendetti’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

Sam Vendetti.doc(afw)