Johnson [2004] NZLLA 863 (6 December 2003)

Last Updated: 24 January 2012

Decision No. PH 863/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL JOHNSON 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 DUNEDIN on 18 November 2004

APPEARANCES

No appearance by or on behalf of applicant
Mr A S Mole - Dunedin District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Daniel Johnson 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 his application Mr Johnson said he was working at the “Munich Octoberfest Beerstadl”. From information that the Inspector had received he believed that the application form was incomplete. Inquiries were made as to why the application was incomplete and it was then discovered that Mr Johnson had since left his place of employment after one day and had not returned.

[3] The Inspector has also sought to interview Mr Johnson to determine his knowledge of the Act and his suitability to be the holder of a General Manager’s Certificate. Attempts by the Inspector to contact Mr Johnson have been unsuccessful.

[4] Mr Johnson has not appeared today to support his application and by his absence we can only conclude that he no longer wishes to pursue his application.

[5] In all the circumstances Mr Johnson’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 6th day of December 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Daniel Johnson.doc(afw)