Bason, re [2005] NZLLA 77 (9 February 2005)

Last Updated: 19 February 2010

Decision No. PH 077/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NEIL JOHN BASON pursuant to s.123 of the Act for the renewal of 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 27 January 2005

APPEARANCES

Mr N J Bason - applicant
Mr M T Horua - Porirua District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Neil John Bason for the renewal of his General Manager’s Certificate. In considering the application, the Authority is required to take into account the criteria set out in s.126 of the Act. Included in the criteria is the manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse.

[2] The application for renewal drew an adverse report from the District Licensing Agency Inspector, who on processing the application, discovered that Mr Bason was no longer working in the industry. Accordingly, there was no way in which any valid assessment could be made in respect of Mr Bason’s conduct over the last three years.

[3] The District Licensing Agency Inspector took the view that because Mr Bason was no longer working in the industry, this was a matter for the Authority to determine. He based his decision on statements previously made by the Authority that all General Manager’s Certificates should be working documents. They should not be used to become part of a person’s Curriculum Vitae, or as a bankable resource for the future. This is to ensure that the many general managers throughout the country are continually upskilled particularly in relation to their responsibilities under the Act.

[4] Mr Bason has seen fit to appear before the Authority at the hearing. His current employment is in the painting and decorating industry. He says that he has contact with a catering company, and has been offered part time work. He is prepared to accept a reduced period of renewal to see whether such contacts produce a secondary employment for him.

[5] In those circumstances the General Manager’s Certificate will be renewed for a period of 18 months to the end of February 2006, in just over 12 months time.

DATED at WELLINGTON this 9th day of February 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Neil Bason.doc(aw)