Hollis, re [2007] NZLLA 787 (21 August 2007)

New Zealand Liquor Licensing Authority

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Hollis, re [2007] NZLLA 787 (21 August 2007)

Last Updated: 2 February 2010

Decision No.PH 787/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KAREN LOUISA HOLLIS 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 Karen Louisa Hollis for the renewal of her General Manager’s Certificate. Ms Hollis has held her certificate since 2002.

[2] The application for renewal was lodged in 2006. However, there was no Licence Controller Qualification as required by the Act. There have been a number of attempts to require Ms Hollis to produce this qualification. It was finally received in July 2007.

[3] Further inquiries were made with Ms Hollis as to her current employment within the industry. The Inspector understands that she does not currently have such employment.

[4] The Police objected to the application on the basis of two driving matters. The first occurred on 16 April 2006 when Ms Hollis was apprehended for driving in a dangerous manner. The conviction for that charge was entered in February of this year and a fine and disqualification was imposed. Last May, Ms Hollis was apprehended for driving while disqualified and was subsequently dealt with in the court.

[5] Ms Hollis has failed to appear in support of her application. We therefore have no way of knowing whether or not she has not only current employment within the industry, as well as the support of an employer who is prepared to entrust licensed premises into her care and control.

[6] In those circumstances, we are not satisfied as to the relevant criteria set out in s.126 of the Act. We have noted the convictions recorded against Ms Hollis since her certificate was last renewed. It may be that if she held employment in the hospitality industry the period of renewal would have been truncated. However, in the absence of confirmed employment in the industry, we are not prepared to grant the application and it is now refused.

DATED at WELLINGTON this 21ST day of August 2007

B M Holmes
Deputy Secretary

Karen Hollis.doc