Buesselmann, re [2006] NZLLA 274 (18 April 2006)

Last Updated: 9 March 2010

Decision No. PH 274/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RAINER KURTIS BUESSELMANN 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 5 April 2006

APPEARANCES

No appearance by or on behalf of applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – to assist

Constable A V Parker – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Rainer Kurtis Buesselmann pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard is set out in s.121 of the Act.

[2] 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 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 the applicant holds.
(e) Any matters dealt with in any report made under s.119.

[3] When Mr Buesselmann made his application in May 2005 he was employed at “Pizza Hut” in New Lynn, Waitakere City. He had been there for a period of approximately 10 months. Prior to taking up that position Mr Buesselmann had been employed in other “Pizza Hut” premises. The applicant has attended a course of instruction and had duly obtained a certificate. He has also demonstrated to the Inspector that he has a good knowledge of the Sale of Liquor Act.

[4] However, the Police have reported that on 27 January 2004 Mr Buesselmann had used a document dishonestly. Prior to that in September 2003 he had been involved in offences of misleading a social welfare officer. For those charges he was sentenced to 80 hours community work.

[5] The Inspector also reports that when Mr Buesselmann made his application it was not accompanied by a Licence Controller Qualification. An amendment to the Act provides that the Authority cannot issue or renew a General Manager’s Certificate on or after commencement of 1 April unless the manager holds a Licence Controller Qualification.

[6] Mr Buesselmann did not appear today to support his application. It appears from information that the Authority has received that he is now living in Australia.

[7] In all the circumstances Mr Buesselmann’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 18th day of April 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

buesselmann.doc (md)