Mitchell [2006] NZLLA 954 (1 November 2006)

Last Updated: 26 January 2012

Decision No. PH 954/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LANCE GEOFFREY MITCHELL 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 DUNEDIN on 24 October 2006

APPEARANCES

No appearance by or on behalf of applicant
Mr A S Mole – Dunedin District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Lance Geoffrey Mitchell for a General Manager’s Certificate.

[2] Mr Mitchell made his application in March 2006. During the processing of the application the amendment to s.117A of the Sale of Liquor Act came into force. This amendment effectively prevents either the Agency or the Authority issuing a General Manager’s Certificate unless the applicant has obtained the new prescribed qualification known as the Licence Controller Qualification.

[3] Attempts have been made to persuade Mr Mitchell to obtain the qualification but these attempts have been unsuccessful. Accordingly the matter was set down for a hearing. Mr Mitchell has failed to appear in support of his application. In the absence of Mr Mitchell we are not prepared to grant the application. In the absence of the required qualification no certificate can be issued. Accordingly, the application is declined.

DATED at WELLINGTON this 1st day of November 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Lance Mitchell.doc(aw)