Coles, re [2005] NZLLA 160 (31 March 2005)

Last Updated: 24 February 2010

Decision No. PH 160/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BRYCE HARVEY COLES 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 NEW PLYMOUTH on 10 March 2005

APPEARANCES

No appearance by or on behalf of applicant
Mr M E Clearwater - New Plymouth District Licensing Agency Inspector - to assist
Sergeant M P J Prendergast - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Bryce Harvey Coles 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] The Inspector reports that Mr Coles had previously been working for “The Mill Liquorsave”, a large city bottle store for 12 months where he was involved in retail liquor sales. He had completed an approved course relating to his manager’s certificate and all aspects of the Sale of Liquor Act.

[3] However the Police opposed his application on the grounds that Mr Coles has a number of convictions, the most serious of which was assault with a weapon, in June 2001 in which he was convicted and sentenced to six months periodic detention. Since then Mr Coles has also been disqualified from driving.

[4] At the time that he was interviewed, Mr Coles displayed a reasonable knowledge of the provisions of the Sale of Liquor Act.

[5] Mr Coles did not appear today to support his application. Enquiries were made during the course of the hearing and it was ascertained that he was dismissed from his employment at “The Mill Liquorsave”. As Mr Coles has appeared today to support his application we can only conclude that he no longer wishes to pursue his application.

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

DATED at WELLINGTON this 31st day of March 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Byrce Coles.doc(aw)