Bullick, re [2007] NZLLA 762 (17 August 2007)

Last Updated: 1 February 2010

Decision No.PH 762/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PETER FRANCIS BULLICK pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 18 July 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us an application by Peter Francis Bullick for a General Manager's Certificate.

[2] The District Licensing Agency Inspector opposes the application because the applicant has failed to attend two scheduled interviews. The application was set down to be determined by the Authority at a public hearing on this basis. There is also a further issue as to whether the applicant is still employed in the industry.

[3] We must have regard to the matters set out in s.121(1) of the Act when considering an application for a General Manager's Certificate. These include: the character and reputation of the applicant; any convictions; recent experience controlling premises in respect of which a licence is in force; relevant training including evidence of the prescribed qualification under s.117A and any matters dealt with in a report under s.119.

[4] The applicant has declared no convictions on the application form and the Police have reported on the application with no opposition.

[5] The applicant was employed at "New World Victoria Park" in Auckland at the time he made the application in January 2007. He has obtained the required Licence Controller Qualification.

[6] In order to satisfy the requirements of s.119(2) of the Act the Inspector must inquire into and report on any application for a manager’s certificate. The applicant however did not attend two scheduled interviews with an Auckland District Licensing Agency Inspector in April and May 2007.

[7] The applicant did not appear at the hearing and all correspondence to the address that had been given (or possible alternatives) has been returned marked “no such number” or “not known”. The actual address given is that of a private girls school. Enquires have revealed that the applicant no longer works at "New World Victoria Park." There is no evidence that the applicant is currently working in the industry.

[8] The Authority has previously stated that managers' certificates must be working documents. In the absence of employment in the industry and the support of an employer, it is unlikely that a certificate will be granted.

[9] The application is therefore refused.

DATED at WELLINGTON this 17th day of August 2007

B M Holmes
Deputy Secretary

Peter Bullick.doc