Dean, re [2007] NZLLA 800 (23 August 2007)

New Zealand Liquor Licensing Authority

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Dean, re [2007] NZLLA 800 (23 August 2007)

Last Updated: 2 February 2010

Decision No.PH 800/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHEIK RAHEMAN DEAN 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 applicant
Mr A Phillips - Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sheik Raheman Dean 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 to be determined by the Authority at a public hearing on this basis.

[3] There is also the further issue that no evidence has been provided that the applicant holds the required Licence Controller Qualification. From 1 April 2006 applicants for General Manager’s Certificates have been required to hold the Licence Controller Qualification issued by the Hospitality Standards Institute. Without it a General Manager’s Certificate cannot issue.

[4] We must have regard to the matters set out in s.121(1) of the Act in considering an application for a General Manager’s Certificate 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 declared no convictions on the application form and there is no Police opposition.

[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.

[7] The applicant has been employed with Pernod Ricard New Zealand since 2006. The applicant did not appear at the hearing however we are aware from another recent application by a Pernod Ricard New Zealand employee that there may also be an issue as to the licensed premises which will need to be clarified.

[8] If the applicant wishes to proceed with the current application he is advised to contact the District Licensing Agency Inspector as soon as possible to arrange a mutually convenient time for an interview. Evidence of the Licence Controller Qualification must also be provided.

[9] If however in the light of this decision the applicant does not wish to continue with the application, he should advise the District Licensing Agency or the Authority accordingly.

[10] The application is adjourned for two months.

DATED at WELLINGTON this 23RD day of August 2007

B M Holmes
Deputy Secretary

Sheikh Dean.doc