Gear, re [2004] NZLLA 51 (5 February 2004)

Last Updated: 17 February 2010

Decision No. PH 051/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by VIENNA MARIE GEAR 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 WELLINGTON on 22 January 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant G D Verner – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Vienna Marie Gear 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 application is opposed by the Inspector on the ground that the applicant failed to attend an interview to determine her suitability to be a general manager of licensed premises.
[3] Prior to making her application the applicant had been employed at the “Abel Tasman Hotel” for over six months running the front office, stocktaking and ordering supplies for the mini bars. Her application was accompanied by two favourable references, one from the general manager and one from a manager of the hotel.
[4] The applicant has completed a course of instruction with Brett Jones and Associates Limited pursuant to the National Qualifications framework in Units 4646 and 16705.
[5] Ms Gear has not appeared today to support her application. It appears that she left her employment for personal reasons. By her absence today we can only conclude that Ms Gear no longer wishes to pursue her application.
[6] In all the circumstances, Ms Gear’s application for a General Manager's Certificate is refused.

DATED at WELLINGTON this 5th day of February 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

wmgear.doc(aw)