Kebbell, re [2007] NZLLA 149 (28 February 2007)

New Zealand Liquor Licensing Authority

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Kebbell, re [2007] NZLLA 149 (28 February 2007)

Last Updated: 22 February 2010

Decision No. PH 149/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ANGUS MARK KEBBELL 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 TAUMARUNUI on 24 February 2007

APPEARANCES

No appearance by or on behalf of applicant
Mrs L E Jones – Ruapehu District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Angus Mark Kebbell for a General Manager’s Certificate. The application was received in June 2006. At that time Mr Kebbell had been appointed as a temporary manager of licensed premises.

[2] The application resulted in an adverse comment from the Police because Mr Kebbell had recently been charged with a breach of the drink driving provisions of the Land Transport Act 1998. The District Licensing Agency Inspector wrote to the applicant asking that he supply a copy of the Licence Controller Qualification and also to attend for an interview.

[3] Mr Kebbell was unable to do so but a second interview was arranged which was attended by the applicant. It was explained to Mr Kebbell that it was necessary for him to supply a copy of a Licence Controller Qualification before the application could be advanced. This requirement results from an amendment to the Sale of Liquor Act that came into force on 1 April last. Neither the Agency nor the Authority can issue or renew a General Manager’s Certificate unless a copy of the prescribed qualification has been supplied.

[4] At the hearing Mr Kebbell was not present and there was no explanation as to why he was not here. Furthermore no copy of the qualification has been received by the Agency.

[5] In those circumstances the clear inference is that Mr Kebbell is no longer interested in pursuing his application which is accordingly declined.

DATED at WELLINGTON this 28th day of February 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Angus Kebbell.doc(aw)