Atkins, re [2007] NZLLA 486 (22 May 2007)

Last Updated: 30 January 2010

Decision No.PH486/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NICHOLAS LYALL ATKINS 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: Mr P M McHaffie

HEARING at AUCKLAND on 16 May 2007

APPEARANCES

Mr N L Atkins - applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the renewal of a General Manager’s Certificate by Nicholas Lyall Atkins.

[2] The certificate fell due for renewal on 16 June 2006. By that time the Act had been amended to provide that no renewal of a General Manager’s Certificate could be granted unless the applicant was the holder of the Licence Controller Qualification.

[3] That qualification was not supplied with the application, and despite requests, there has been no document filed since the application was received.

[4] Mr Atkins has appeared to support the renewal of his certificate. We understand from him and from the Inspector that he had scheduled to sit the transition test but was unable to attend. A further date has now been arranged. Mr Atkins is confident that the Licence Controller Qualification will be obtained.

[5] In those circumstances the application is now adjourned for a period of two months. If within that time a copy of the qualification is received, then the application will be granted on the papers.
[6] If no documentation is received and/or there is no further contact from Mr Atkins the application will be declined.

DATED at WELLINGTON this 22nd day of May 2007

__________________________
B M Holmes
Deputy Secretary

Nicholas Atkins.doc(aw)