De LaPalme, re [2008] NZLLA 101 (13 February 2008)

Last Updated: 20 February 2010

Decision No. PH 101/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ERIC GERARD LAURENT TEVA ARBUS DE LAPALME pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at AUCKLAND on 11 February 2008

APPEARANCES

No appearance by or on behalf of applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Eric Gerard Laurent Teva Arbus De Lapalme for a General Manager's Certificate.

[2] To a large extent Mr De Lapalme fulfils the criteria set out in s.121 of the Act. His application was received by the Authority in May 2007. It was accompanied by the Licence Controller Qualification. Mr De Lapalme was interviewed and displayed a satisfactory knowledge of his legal responsibilities. There were no convictions.

[3] The Police filed an adverse report indicating that Mr De Lapalme was only on a student visa which did not allow him to own a business in New Zealand. Subsequently Mr De Lapalme resigned as a director of the company which held the licence and the Police opposition was withdrawn. However Mr De Lapalme subsequently sold his business interests. It was anticipated that his application would be withdrawn but this has not happened.

[4] Mr De Lapalme has failed to appear in support of his application which according to the evidence he has no interest in pursuing. There is no evidence before us that Mr De Lapalme is currently involved in the industry, and his application is accordingly refused.

DATED at WELLINGTON this 13th day of February 2008

B M Holmes
Deputy Secretary

Eric Arbus De Lapalme.doc(aw)