Chivers [2007] NZLLA 1266 (5 December 2007)

Last Updated: 29 January 2012

Decision No. PH 1266/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WILLIAM ADRIAN LESLIE CHIVERS 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: Dr J Horn

HEARING at DUNEDIN on 22 November 2007

APPEARANCES

Mr W A L Chivers – 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 William Adrian Leslie Chivers for a General Manager's Certificate.

[2] At the time that he made his application Mr Chivers was working at a supermarket. He had the support of his employer, and he had gained the necessary Licence Controller Qualification.

[3] There was a breakdown in communication in processing the application. Mr Chivers failed to attend for an interview in order to determine his suitability to hold a General Manager's Certificate. Furthermore, it was discovered that he was no longer working at the premises at which he intended to use his certificate.

[4] The matter was accordingly set down for a public hearing. Mr Chivers has appeared and confirmed that he has current employment with a licensed supermarket in Mosgiel. There are therefore no further issues from the Agency's perspective. Mr Chivers will be required to sign a declaration/undertaking that the certificate which is about to be issued, will be used only in off-licensed premises. However, the terms of any undertaking may be waived in the future with the consent of the Inspector, or if necessary, on application to the Authority.

[5] Mr Chivers complies with the criteria set out in s.121 of the Act, and the application is granted on the terms set out above.

DATED at WELLINGTON this 5th day of December 2007

B M Holmes
Deputy Secretary

William Chivers.doc(aw)