Topp, re [2007] NZLLA 11 (11 January 2007)

Last Updated: 15 February 2010

Decision No. PH 11/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DONNA MAREE TOPP 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 C 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 Donna Maree Topp for a General Manager’s Certificate.

[2] The application was filed on 15 February 2006. At that time Ms Topp indicated that she would be employed at certain licensed premises which were at the time in the process of applying to obtain an on-licence. The application was held over for her to obtain this employment. However, some four months later, the applicant advised that she had gained employment at other licensed premises. An interview was arranged which the applicant failed to attend.

[3] Later in August the applicant advised that she would not be requiring her General Manager’s Certificate. There were several attempts made by the Inspector to make contact with the applicant without success. Eventually the applicant advised that she would be withdrawing her application but no letter has been received by the Agency.

[4] The Police also opposed the application. The grounds for their opposition were based not only on the fact that the applicant was not working in licensed premises, but that she was closely associated with persons with criminal and/or drug dealing histories. The Police therefore took the view that the applicant was unsuitable.

[5] Ms Topp has not appeared before the Authority to support her application or to answer the concerns of the reporting agencies. It is clear therefore that she no longer wishes to pursue the application and it is accordingly dismissed.

DATED at WELLINGTON this 11th day of January 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Donna Topp.doc(aw)