Mudgway, re [2007] NZLLA 471 (21 May 2007)

Last Updated: 30 January 2010

Decision No.PH471/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL EAN MUDGWAY 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
Members: Ms J D Moorhead

Mr P M McHaffie

HEARING at AUCKLAND on 10 May 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Daniel Ean Mudgway for the renewal of his General Manager’s Certificate.

[2] Mr Mudgway has held his certificate since 2002. The certificate fell due for renewal on 6 January 2007, and the application was accompanied by the requisite Licence Controller Qualification.

[3] When asked to provide the name of the licensed premises where he was working, Mr Mudgway indicated that he was on holiday at the moment. Mr Mudgway's mother was contacted in March of this year when it was established that he is currently in Australia. Although it is believed that his intention is to return to New Zealand, there appears to be no date for that return.

[4] The application was brought before the Authority because the Inspector has taken on board the previous comments of the Authority that certificates must be working documents. This is to ensure that holders of the certificates keep themselves up to date with changes to the Act and current practices.

[5] In the absence of employment in the industry and support by an employer, it is unlikely that a certificate will be either granted or renewed.

[6] Because of the uncertainty about the matter, we propose to adjourn the application for a period of three months. If in that time Mr Mudgway returns, or is able to give an explanation for his absence, and able to show that employment in the industry is available to him, then we may well be able to deal with the matter on the papers.

[7] If on the other hand there is no further response from Mr Mudgway then the application will be declined.

DATED at WELLINGTON this 21st day of May 2007

B M Holmes
Deputy Secretary

Daniel Mudgway.doc(aw)