Blayney, re [2007] NZLLA 10 (11 January 2007)

Last Updated: 15 February 2010

Decision No. PH 10/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JUDITH ANNE BLAYNEY 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 PALMERSTON NORTH on 18 December 2006

APPEARANCES

No appearance by or on behalf of applicant
Miss S L Mitchell – Palmerston North District Licensing Agency Inspector – in opposition
Sergeant S M Oram – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Judith Anne Blayney for a General Manager’s Certificate. The application was filed with the Agency on or about 30 June 2006.

[2] The application was opposed both by the Police and District Licensing Agency Inspector and was accordingly set down for a public hearing. Ms Blayney did not appear in support of her application.

[3] The evidence shows that at the time of the application Ms Blayney was employed at licensed premises known as the “Rockz Bar”. Ms Blayney was interviewed and showed a good knowledge of the Act but lacked the Licence Controller Qualification which is now a prerequisite to the granting of any certificate, and has been since 1 April last. Attempts were made to contact the applicant without success and it was discovered that she was no longer working on licensed premises.

[4] The Police have given evidence that the applicant is being sought in respect of a stolen motor car. There are further criminal matters being investigated. It is understood that if the Police are able to make contact with the applicant then she is likely to be arrested for the first matter.

[5] In all those circumstances her suitability is in doubt. There is no proof that she is working in licensed premises and she is not the holder of Licence Controller Qualification. Finally she has not appeared to support her application which is now refused.

DATED at WELLINGTON this 11th day of January 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Judith Blayney.doc(aw)