Cole [2008] NZLLA 1009 (24 July 2008)

Last Updated: 27 January 2012

Decision No. PH 1009/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JOANNE MAREE COLE 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 WHANGAREI on 9 July 2008

APPEARANCES

No appearance by or on behalf of applicant
Dr H M Kodisinghe – Whangarei District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Joanne Maree Cole pursuant to s.123 of the Act for the renewal of a General Manager's Certificate.

[2] The applicant filed her application with the Whangarei District Licensing Agency on 29 June 2006. The application sought the renewal of General Manager's Certificate 002/GM/63/2003 issued originally on 24 June 2003.

[3] At the time of making the application Joanne Maree Cole noted that she was the duty manager of the "Ruakaka Tavern". The applicant is not the holder of the Licence Controller Qualification. On making the application she was informed by letter of the requirement for her to hold the Licence Controller Qualification.

[4] The District Licensing Agency Inspector, who opposed the grant of the General Manager's Certificate, outlined that attempts had been made to contact her on several occasions. There has been no response to attempts to contact her and recently the District Licensing Agency was advised by an employee at the "Ruakaka Tavern" that the applicant had not been working at that establishment since late 2006.

[5] The assumption is that the applicant is no longer interested in pursuing her application and there was no appearance by her before the Authority. Under the circumstances and as a matter of law we are unable to grant the application, and it is now refused.

DATED at WELLINGTON this 24th day of July 2008

B M Holmes
Deputy Secretary

Joanne Cole.doc(aw)