Sabatier, re [2007] NZLLA 778 (21 August 2007)

New Zealand Liquor Licensing Authority

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Sabatier, re [2007] NZLLA 778 (21 August 2007)

Last Updated: 2 February 2010

Decision No.PH 778/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHLOE JAYNE SABATIER 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 Gisborne on 8 August 2007

APPEARANCES

No appearance by or on behalf of applicant
Ms A S Joe – Gisborne District Licensing Agency Inspector – in opposition
Sergeant C B Neustroski – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Chloe Jayne Sabatier for the renewal of her General Manager’s Certificate. The certificate was granted on 29 June 2005, and this application represents the first renewal following the probationary year.

[2] When she obtained her certificate, Ms Sabatier was employed at the “Marina Restaurant” in Gisborne. The application for renewal of the certificate was filed by the proprietor of the restaurant. It was then discovered that the applicant was in fact based in Australia. The Inspector was advised that Ms Sabatier intended to return to New Zealand but there has been no definite time when that might occur.

[3] The Licence Controller Qualification was obtained in June 2006. Further attempts to contact the applicant have been unsuccessful and there has been no appearance in support of the application.

[4] In the light of Ms Sabatier’s failure to appear in support of her application, we can only infer that she is no longer interested in pursuing the renewal of her certificate. The Authority has before it no evidence that she is currently employed within the industry, and cannot be satisfied that the criteria in s.126 of the Act have been met. For those reasons the application is refused.

DATED at WELLINGTON this 21ST day of August 2007

B M Holmes
Deputy Secretary

Chloe Sabatier.doc