Lazzari, re [2006] NZLLA 24 (25 January 2006)

Last Updated: 16 February 2010

Decision No. PH 24/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CAROL ANN LAZZARI 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 AUCKLAND on 16 January 2006

APPEARANCES

No appearance by or on behalf of applicant
Mr J P Sheehan - Waitakere District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Carol Ann Lazzari pursuant to s.123 of the Act for renewal of a General Manager’s Certificate. The criteria to which we must have regard are set out in s.126 of the Act. Those criteria are:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) 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;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] When the applicant completed her application form she did not provide any details as to where she was currently using her General Manager’s Certificate. The applicant listed her occupation as manageress. On 12 May 2005 the Inspector spoke to the applicant by telephone. Ms Lazzari confirmed that she was not currently employed within the hospitality industry. The Inspector advised her accordingly that he would be opposing her application for renewal. He explained that should she find a position within the hospitality industry his opposition would be withdrawn.

[3] Since that date the Inspector has not been advised by the applicant that she has been appointed to any position within the industry.

[4] The Authority has indicated in the past in a number of cases it is not in the business of granting certificates so they are used as part of the person’s CV or indeed as a bankable resource. There are over 35,000 certificated general managers in this country. It is the current wisdom that many of those are simply holding certificates without using them.

[5] Ms Lazzari has not appeared 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 Lazzari’s application for renewal of her General Manager’s Certificate is refused.

DATED at WELLINGTON this 25th day of January 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Carol Lazzari.doc(aw)