Gacrama, re [2007] NZLLA 771 (21 August 2007)

New Zealand Liquor Licensing Authority

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Gacrama, re [2007] NZLLA 771 (21 August 2007)

Last Updated: 1 February 2010

Decision No.PH 771/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALBERTO ABELLA GACRAMA 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 16 July 2007

APPEARANCES

Mr A A Gacrama – applicant
Mr D W Sara – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us an application by Alberto Abella Gacrama for a General Manager's Certificate.

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

[3] The Police did not report on the application within the required time frame and therefore 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 Sale of Liquor 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 an Assistant Night Manager at the "Stamford Plaza Hotel" in Auckland. He is responsible for all operations in the hotel on the nights when the Night Manager is on his rostered day off or on leave. He has the support of his employer and if granted a General Manager’s Certificate he is to be the duty manager as required. He has obtained the required Licence Controller Qualification.

[6] The applicant appeared at the hearing and explained that he did not receive the letters from the District Licensing Agency advising of the scheduled interviews, due to a change of address.

[7] At the hearing we were able to observe Mr Gacrama and to test his knowledge of the Act and his understanding of host responsibility. Mr Sara, the District Licensing Agency Inspector was satisfied and withdrew his opposition to the application.

[8] We were impressed by Mr Gacrama and believe that he will be a good general manager. We are satisfied as to the matters which we must have regard to and accordingly grant the application for a General Manager's Certificate. The certificate may issue immediately.

DATED at WELLINGTON this 21ST day of August 2007

B M Holmes
Deputy Secretary

Alberto Gacrama.doc