Lynch, re [2007] NZLLA 765 (20 August 2007)

Last Updated: 1 February 2010

Decision No.PH 765/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AMBER ANTOINETTE LYNCH 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 17 July 2007

APPEARANCES

No appearance by or on behalf of the applicant
Mr A Phillips – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Amber Antoinette Lynch for a General Manager's Certificate.

[2] The District Licensing Agency Inspector opposes the application on the grounds that the applicant has failed to attend two scheduled interviews. The application was set down for a public hearing on this basis.

[3] The applicant has declared previous convictions on her application form. The Police however did not report on the application within the required time frame and it can be taken that there is no Police opposition.

[4] In considering any application for a General Manager's Certificate, we must have regard to the matters set out in s.121 of the Act including: 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.

[5] The applicant is employed as a bartender at "Honey Champagne Cocktail Bar" in Auckland. If granted a General Manager’s Certificate she is to be duty manager as required. She has obtained the required Licence Controller Qualification.

[6] The applicant did not attend two scheduled interviews with an Auckland District Licensing Agency Inspector in April and May of this year. In our view some of the matters required to be considered under s.121 cannot be determined satisfactorily without the applicant being interviewed.

[7] The application is adjourned for two months to enable an interview to take place. The applicant is advised to contact the District Licensing Agency Inspector as soon as possible to arrange a time for an interview.

[8] If the interview with the Inspector is satisfactory then the application can be granted on the papers. If on the other hand there are any further issues then a further public hearing may be necessary.

DATED at WELLINGTON this 20TH day of August 2007

B M Holmes
Deputy Secretary

Amber Lynch.doc