Duff, re [2007] NZLLA 430 (8 May 2007)

Last Updated: 13 February 2010

Decision No. PH 430/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GAVIN PAUL DUFF 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 DUNEDIN on 26 April 2007

APPEARANCES

Mr G P Duff - applicant
Mr A Mole – Dunedin District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Gavin Paul Duff for the renewal of his General Manager’s Certificate.

[2] Mr Duff has held his certificate since 1995. The certificate fell due for renewal on 20 February 2005. Mr Duff runs a small enterprise which is a bottle store associated with a brewery. There was a considerable delay in dealing with this matter because Mr Duff's premises were the subject of a controlled purchase operation. Eventually those issues were resolved.

[3] The Act was amended on 1 April 2006 and the amendment provided that no General Manager's Certificate could be granted or renewed by an Agency or the Authority unless the applicant was the holder of the Licence Controller Qualification.

[4] Mr Duff has been made aware of the need to obtain this qualification. There was some initial resistance from him but he has now appreciated that if he wants to retain the privilege of the holder of a General Manager’s Certificate, it is imperative that the qualification be obtained. He has undertaken that he will take advice from the Inspector about the issue, and proceed with the necessary requirements so that this final impediment can be removed.

[5] Accordingly, and in the light of the comments from the Inspector, we propose to adjourn this application for a period of two months. If the qualification is achieved within that period of time then the General Manager’s Certificate will be renewed on the papers.

[6] If there is no further response from Mr Duff then either the application will be refused or a further public hearing will be scheduled.

DATED at WELLINGTON this 8th day of May 2007

______________________
B M Holmes
Deputy Secretary

Gavin Duff.doc(aw)