Hawley [2008] NZLLA 1115 (12 August 2008)

Last Updated: 28 January 2012

Decision No. PH 1115/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL THOMAS HAWLEY 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
Mr D K Dinsdale – Whangarei District Licensing Agency Inspector – in opposition
Sergeant T J Patrick – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Michael Thomas Hawley for the renewal of a General Manager's Certificate. His General Manager's Certificate was renewed on 2 September 2003 and it expired on 23 August 2006. Mr Hawley applied for the renewal of his certificate on 22 August 2006. He is not the holder of the Licence Controller Qualification.

[2] At that time of his application, he indicated that he was not working full time and had worked for the "Whangarei Theatre and Opera North" and had exercised his General Manager's Certificate there. His intention was to move back into the industry full time at some time in the future.

[3] The Police opposed the application for renewal of his General Manager's Certificate based on an excess breath alcohol conviction that had occurred since the last renewal. That offence was in August 2004. The District Licensing Agency Inspector also opposed the application based on the fact that Mr Hawley had yet to produce evidence of holding the Licence Controller Qualification.

[4] In any event the applicant has not been able to be located to advise him of the requirement to produce the Licence Controller Qualification and the District Licensing Agency has been advised that the applicant is now in Hong Kong and not able to be contacted.

[5] In any event, the applicant failed to appear before the Authority. The assumption is that the applicant is no longer interested in pursuing his application. 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 12th day of August 2008

B M Holmes
Deputy Secretary

Michael Hawley.doc(aw)