Fauste [2005] NZLLA 772 (11 November 2005)

Last Updated: 23 January 2012

Decision No. PH 772/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SANDRA FAUSTE 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 AUCKLAND on 11 October 2005

APPEARANCES

No appearance by or on behalf of applicant
Mr E K Dyssel - North Shore District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

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

[2] The criteria for 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 reported that at the time of her application Ms Fauste intended to use her manager’s certificate at “Jackson Museum and Tearooms”. The applicant supplied a trade reference with her application, which did not identify whether she had suitable experience in the industry. Ms Fauste has attended a course on the Sale of Liquor Act conducted by Swain and Associates and received a certificate of competency dated 20 October 2004.

[4] In line with its policy, the applicant was required to attend a written assessment by the North Shore District Licensing Agency to determine her knowledge of the Act. On 8 December 2004 the applicant failed her written assessment. She was requested to attend a further interview on 18 January. During that interview she was able to display suitable knowledge of the Act.

[5] On 20 May 2005 when the applicant was requested to provide a suitable trade reference she advised that she was still waiting for a job offer. On 28 June 2005 the applicant was again requested in writing to supply a suitable trade reference. That was followed by a further request by email on 1 August 2005. Both requests were not answered. To date the applicant has not contacted the Agency.

[6] The applicant has failed to appear this morning 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 Fauste’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 11th day of November 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Sandra Fauste.doc(aw)