Fidow, re [2005] NZLLA 258 (3 May 2005)

New Zealand Liquor Licensing Authority

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Fidow, re [2005] NZLLA 258 (3 May 2005)

Last Updated: 7 March 2010

Decision No. PH 258/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BENJAMIN GEORGE FIDOW 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 26 April 2005

APPEARANCES

Mr B G Fidow - applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist
Sergeant G D Verner - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by Benjamin George Fidow for a General Manager’s Certificate. Mr Fidow fulfils the majority of the criteria set out in s.121 of the Act. The main issue relates to the adverse reports received from the Police and the District Licensing Agency Inspector.

[2] The application has to some extent been overtaken by time. It was filed in April 2004. At that time Mr Fidow was a university student who was gaining extra income by working at the “Cambridge Hotel”. There was a supportive reference on the file, and the hotel had assisted Mr Fidow in making the application. The Police wrote an letter in opposition on the basis that Mr Fidow was required to be interviewed in respect of an allegation that a passport may have been wrongly used, when he was at the University in Otago. As a consequence, the matter came before the Authority. In the meantime Mr Fidow had completed a course of training with D A Richards and Associates.

[3] At the hearing it was revealed that Mr Fidow was still required to be interviewed in respect of the incident in Dunedin. Mr Fidow has stated that he is still completing his degree, and he is working on a part-time basis in another industry. He says that at the moment he is settled in what he is doing. It seems that his reason for continuing with the application, is so that he can have the certificate in case a future employment opportunity arises.

[4] We have given previous indications that General Manager’s Certificates are not issued in a vacuum. In our view they are not to be regarded as the introduction to responsible employment in the industry. To be successful in such an application, an applicant must have the full and committed support of an employer, as well as being committed to working in the industry.

[5] In this case it seems to us that the application will have to be declined. In saying that, there is no reason why Mr Fidow cannot reapply if his circumstances change. As stated, he fulfils the statutory criteria. If in the course of time he happens to come back into the industry, this decision should not impede in any way a future application.

[6] In the meantime of course and prior to making any other application, he would have to resolve the issue about the outstanding Dunedin matter. He stated that he had rung a Detective in Lower Hutt, but he had not taken the matter any further. He now has the opportunity to do so.

[7] On the basis that Mr Fidow is not currently working in the industry and has no current intentions to do so, the application must be declined.

DATED at WELLINGTON this 3rd day of May 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Fidow.doc(nl)