Botcharova, re [2005] NZLLA 275 (5 May 2005)

Last Updated: 9 March 2010

Decision No. PH 275-285/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by IRINA BOTCHAROVA, BEVAN REID COLEMAN, LAURA MARGARET HELEN KILTY, LINDSAY YOUNG, SOLOMON GEORGE, EVELYN CLAIR RUSSELL, KATRINA JOAN SEALES, BENJAMIN FOCAS, RICHARD GREGORY TANSEY, KERISIANO FIU, ALEXANDER DUNCAN McEWEN 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

No appearance by or on behalf of applicants
Mr R S Putze - Wellington District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] The above applicants each made an application for a General Manager’s Certificate pursuant to s.118 of the Act. 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] Letters were sent to the applicants acknowledging the applications and requesting they contact the Inspector to arrange a date and time for an interview to determine their suitability to be the holder of a General Manager’s Certificate. All the applicants failed to make an appointment for an interview. The management at the premises shown on their application forms were contacted. In each case the Inspector was advised that the applicants had not supplied any forwarding contact telephone numbers or addresses.

[3] Accordingly, the Inspector was unable to conduct the requisite interviews to determine the applicant’s suitability. The applicants also failed to respond to letters sent to their last known address.

[4] As the applicants failed to appear today to support their applications we can only conclude in their absence that they no longer wish to pursue their applications.

[5] In all the circumstances the applicants’ applications for a General Manager’s Certificate are refused.

DATED at WELLINGTON this 5th day of May 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Various GMs.doc(aw)