Mackay, re [2007] NZLLA 437 (8 May 2007)

Last Updated: 29 January 2010

Decision No. PH 437/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MELISSA JANE MACKAY 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

No appearance by or on behalf of applicant
Mr R Draper – Clutha District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Melissa Jane MacKay for the renewal of her General Manager’s Certificate.

[2] Ms MacKay was first granted a certificate back in 1996. The certificate fell due for renewal on 19 July last year. By that time the Act had been amended to provide that neither an Agency nor the Authority could grant any renewal of the certificate unless the applicant was the holder of the Licence Controller Qualification.

[3] Ms MacKay was written to and rung to remind her of her obligations but there has been no response.

[4] Ms MacKay has not appeared to support her application and we therefore draw the inference that she is no longer interested in pursuing it. As a matter of law the application cannot be granted without the prescribed qualification and it is now refused.

DATED at WELLINGTON this 8 day of May 2007

______________________
B M Holmes
Deputy Secretary Melissa Mackay.doc(aw)