Cowie, re [2006] NZLLA 325 (9 May 2006)

Last Updated: 19 March 2010

Decision No. PH 325/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOSEPH HENRY COWIE 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 QUEENSTOWN on 2 May 2006

APPEARANCES

No appearance by or on behalf of applicant
Ms T J Surrey – Queenstown-Lakes District Licensing Agency Inspector – in opposition
Sergeant K A Pirovano – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Joseph Henry Cowie 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] At the time that he made his application, the applicant was working as a bartender at “The Bunker” in Queenstown. On 13 December 2005 a letter was sent to the applicant asking him to provide the District Licensing Agency with evidence of his training and to supply a reference from his employer.

[4] No response was received to that letter nor to the telephone messages that were left for him. On 16 January 2006 Ms Evans of Civic Corp was advised that the applicant was no longer working at “The Bunker”. We have consistently said that a General Manager’s Certificate will not be granted unless an applicant is employed in the industry and has the support of an employer.

[5] It is also appears that Mr Cowie is not the holder of a Licence Controller Qualification as there was no evidence of that qualification accompanying his application. Since 1 April this year a Licence Controller Qualification is necessary before a General Manager’s Certificate can be granted.

[6] Mr Cowie has not appeared today to support his application. Further attempts by the Authority’s case manager to contact Mr Cowie have been unsuccessful. By Mr Cowie’s absence today we can only assume that he no longer wishes to pursue his application. In all the circumstances Mr Cowie’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 9th day of May 2006

_____________________
B M Holmes
Deputy Secretary

Joseph Cowie.doc(aw)