Dean, re [2006] NZLLA 437 (19 June 2006)

Last Updated: 8 April 2010

Decision No. PH 409/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARIO HATZILAMPROU 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: Ms P A Ballard

HEARING at WELLINGTON on 6 June 2006

APPEARANCES

Mr M Hatzilamprou - applicant
Sergeant D A Robson – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mario Hatzilamprou for a General Manager’s Certificate. The application was filed with the District Licensing Agency in January 2006.

[2] Mr Hatzilamprou requires a General Manager’s Certificate to assist in operating a small family owned restaurant in Miramar known as “Muses Taverna”. At the time of his application, Mr Hatzilamprou had been working in the business for approximately two years as a chef.

[3] The reason for the application is that his elder brother holds a General Manager’s Certificate, and has the sole responsibility for managing the family owned restaurant.

[4] The proposal is that at times when he is called away for any reason or is unable to manage the premises or is ill, then his brother will take his place. This will involve him leaving the kitchen area in order to run the front-of-house aspect of the restaurant.

[5] The application drew an adverse report from the Police. This is based on two grounds, the Police noted that Mr Hatzilamprou is just 19 years of age, (he will be 20 this coming August). Furthermore in his application form, when asked the question whether he had any experience in managing any licensed premises, Mr Hatzilamprou said that he had not. This is because he has been working as a chef. It appears that since the filing of the application Mr Hatzilamprou has not been appointed as a temporary manager, and we think that this is an appropriate step towards his obtaining a certificate. In this case we believe that the granting of the General Manager’s Certificate, is a process rather than an event.

[6] Mr Hatzilamprou qualifies in all other aspects for a General Manager’s Certificate. He has completed a course of training with D A Richards and Associates. He has been interviewed by the Inspector and has displayed a good knowledge of the Act. He has been working in the industry, (although not in a management capacity), for some time. Clearly he has the support of the family, two of whom have seen fit to come before the Authority.

[7] In those circumstances we propose not decline the application but rather to adjourn it. The period of adjournment will be six months. During that period of time there are two matters that we would expect from the applicant. Firstly that he will be appointed from time to time as a temporary manager pursuant to the provisions of s.128 of the Act. On that basis, he will gain the necessary managerial experience. The period of time will also be necessary for him to obtain a Licence Controller Qualification, which since 1 April last, is a prerequisite to the issue of a certificate.

[8] If he is able to obtain experience over the next six months and has obtained the Licence Controller Qualification, then in the absence of any other adverse reports, we propose to grant the application on the papers. By then Mr Hatzilamprou will be just 20 years of age. If there are other issues raised by the reporting agencies, then a further public hearing may be necessary.

[9] We confirm that Mr Hatzilamprou has undertaken that if granted a General Manager’s Certificate it will be used in the first 12 months for assisting to manage the family restaurant in Miramar. Any exemption from such an undertaking may be granted in writing by a District Licensing Agency Inspector, or indeed by the Authority.

DATED at WELLINGTON this 9th day of June 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Mario Hatzilamprou.doc(aw)