Benjamin, re [2005] NZLLA 289 (6 May 2005)

Last Updated: 14 March 2010

Decision No. PH 289/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SACHIN THOMAS BENJAMIN 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 applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sachin Thomas Benjamin 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 of the Act 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] Following receipt of Mr Benjamin’s application on 31 August 2004 the Inspector sent him a letter requesting that he arrange a date and time for an interview to determine Mr Benjamin’s suitability to be the holder of a General Manager’s Certificate.

[3] To assist in compiling an Inspector’s report all applicants are interviewed to establish their experience, qualifications and knowledge of the Sale of Liquor Act 1989.

[4] Mr Benjamin made appointments on 12, 19, 26 October 2004 and 10 January 2005 but failed to make an appearance on each occasion for an interview. Consequently, the Inspector was unable to determine whether Mr Benjamin is suitable to be the holder of a General Manager’s Certificate.

[5] Mr Benjamin has not appeared today to support his application. By his absence we can only conclude that he no longer wishes to pursue his application.

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

DATED at WELLINGTON this 6th day of May 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Sachin Benjamin.doc(aw)