Schembri [2007] NZLLA 1167 (1 November 2007)

Last Updated: 15 February 2010

Decision No. PH 1167/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GILLES PATRICK SCHEMBRI 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 P M McHaffie

HEARING at WELLINGTON on 19 October 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant C A Marner – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Gilles Patrick Schembri for a General Manager's Certificate.

[2] The application was filed with the Wellington District Licensing Agency on 1 June 2007. At that time Mr Schembri was employed at an Italian restaurant in Wellington.

[3] Mr Schembri was a tourist on an Italian passport with a valid working visa until 14 February 2008. Police issued an adverse report due to Mr Schembri's lack of work experience in the New Zealand hospitality industry (two months), and the uncertainty of whether he would be allowed to remain in New Zealand.

[4] What the Police were anticipating was:

• [a] That he might be appointed as a temporary manager at the restaurant; and
  
• [b] That he would sign an undertaking that he would only use a certificate (if granted) at the licensed premises where he was currently employed.
  

[5] There were a number of follow up conversations and contacts with the applicant. However, on 3 September last Mr Schembri advised that he was returning to Italy. The Police duly contacted New Zealand Immigration to confirm that Mr Schembri left New Zealand on 12 September as planned, and there have been no further travel movements on his Italian passport.

[6] Not unnaturally, Mr Schembri has failed to appear in support of his application. In all the circumstances, and notwithstanding that he is the holder of the Licence Controller Qualification, Mr Schembri is not only unable to satisfy the criteria, but there is no practical purpose for the application to be processed further.

[7] For these reasons the application is now refused.

DATED at WELLINGTON this 1st day of November 2007

B M Holmes
Deputy Secretary

Gilles Schembri.doc(aw)