Fernandes, re [2007] NZLLA 683 (30 July 2007)

Last Updated: 31 January 2010

Decision No.PH683/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CRAIG DANIEL FERNANDES pursuant to s 123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 16 July 2007

APPEARANCES

No appearance by or on behalf of applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Craig Daniel Fernandes for renewal of a General Manager's Certificate.

[2] The applicant has held a General Manager's Certificate since 2005 and filed an application for renewal on 13 December 2006. The applicant failed to lodge a copy of a Licence Controller Qualification with his application. The application was opposed by the Auckland District Licensing Agency Inspector and the matter was set down for public hearing on this basis.

[3] Section 117A of the Act precludes renewal of the certificate unless the Licence Controller Qualification is held. From 1 April 2006 applicants for a General Managers Certificate or for the renewal of a General Manager's Certificate have been required to hold this prescribed qualification issued by the Hospitality Standards Institute.

[4] No appearance was entered on behalf of the applicant at the hearing but the applicant had previously advised the Authority's secretariat that he has his Licence Controller Qualification.

[5] The application will therefore be adjourned for two months in order for a copy of the qualification to be supplied.

[6] If within that period of time a copy of the qualification is supplied to the Agency or the Authority then the application will be granted on the papers. If, on the other
[6] hand, there is no further contact from Mr Fernandes and no qualification is supplied, the application will, as a process of law, have to be refused.

DATED at WELLINGTON this 30TH day of July 2007

Ms J D Moorhead Mr P M McHaffie
Member Member

Craig Fernandes.doc