Taylor, re [2007] NZLLA 363 (18 April 2007)

New Zealand Liquor Licensing Authority

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Taylor, re [2007] NZLLA 363 (18 April 2007)

Last Updated: 13 February 2010

Decision No. PH 363/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER MERVYN TAYLOR pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at NEW PLYMOUTH on 11 April 2007

APPEARANCES

No appearance by or on behalf of applicant
Mrs T A Hall – New Plymouth District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Peter Mervyn Taylor for the renewal of his General Manager’s Certificate. The criteria are set out in s.126 of the Act as follows:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[2] Mr Taylor was connected with the “New Commercial Hotel” in Manaia which was burnt down in April 2006, and has subsequently been demolished. Mr Taylor lives in Auckland, and had no hands on role in the management of the hotel.

[3] When the application was received by the Agency, Mr Taylor was asked to forward the Licence Controller Qualification and also attend for an interview. There have been numerous telephone calls made since but no contact from the applicant. There was however a recent message from the applicant at which time he agreed to withdraw his application. There has been no written confirmation of this.

[4] In the absence of the Licence Controller Qualification, and the absence of the applicant, there is no way that we can establish whether the applicant is working in the industry. At any event, the amendment to the Act passed on 1 April 2006, requires that the application must now be refused.

DATED at WELLINGTON this 18th day of April 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Peter Taylor.doc(aw)