Bent [2005] NZLLA 702 (13 October 2005)

Last Updated: 29 December 2011

Decision No. PH 702/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GERALDINE BENT 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 MANUKAU CITY on 29 September 2005

APPEARANCES

No appearance by or on behalf of the applicant
Mr A J Turner - Papakura District Licensing Agency Inspector - in opposition
Constable C D Lally - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] The following is an application by Geraldine Bent pursuant to s.118 of the Act for a General Manager’s Certificate.

[2] 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.

[3] The Inspector has opposed the application on two grounds. First, that the applicant failed to attend an interview to determine her knowledge and suitability to be the holder of a General Manager’s Certificate, secondly, that the premises where the applicant was working at the time that she lodged her application has since failed to renew its off-licence. That off-licence expired on 10 July 2004.

[4] In spite of repeated attempts by the Inspector to contact the applicant to get her to attend an interview she has failed to do so. Accordingly, he is unable to satisfy himself as to the applicant’s requisite knowledge and experience in the industry.

[5] As the premises where Ms Bent was working is no longer licensed there is doubt as to whether she has a need for a General Manager’s Certificate. The Authority has said on numerous occasions that that it is not in the business of granting certificates to be used as part of persons curriculum vitae, or indeed as a bankable resource.

[6] The applicant has failed to appear today to support her application. By her absence we can only conclude that she no longer wishes to pursue her application. In all the circumstances Ms Bent’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 13th day of October 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Geraldine Bent.doc(aw)