Maxwell, re [2007] NZLLA 871 (12 September 2007)

New Zealand Liquor Licensing Authority

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Maxwell, re [2007] NZLLA 871 (12 September 2007)

Last Updated: 14 February 2010

Decision No.PH 871/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KYLIE MAXWELL 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 HAMILTON on 13 August 2007

APPEARANCES
No appearance by or on behalf of applicant
Ms C Norris – Waikato District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Kylie Maxwell for the renewal of her General Manager’s Certificate. Ms Maxwell was first granted her certificate in 2003. She filed her application for renewal in March of this year.

[2] She indicated, when asked where she was currently working as a manager, that she had been involved in the hospitality industry five months previously. A check with Ms Maxwell revealed that she had not worked in licensed premises since November 2006. As a consequence, the Inspector expressed concerns. He was following the Authority’s policy that for a renewal to be successful, an applicant should be able to show that he or she is currently employed within the industry or has good prospects of future employment. There would also have to be some form of support from an employer.

[3] The second matter which concerned the Inspector was that there was no License Controller Qualification. This has become a requirement as from 1 April 2006. As a matter of law, neither the Agency nor this Authority may grant the renewal of any certificate unless the applicant is qualified as required by the Act.

[4] Ms Maxwell has failed to appear to support her application. While we accept that she has rung the court to advise that she could not be present, there is no confirmation either of the qualification or of current employment within the industry.

[5] In those circumstances we have no alternative other than to refuse the application. In doing so we confirm that were Ms Maxwell to find future employment, and were she to obtain the Licence Controller Qualification, there would be no bar to her making a further successful application.

DATED at WELLINGTON this 12th day of September 2007

B M Holmes
Deputy Secretary

Kylie Maxwell.doc