McDonnell, re [2008] NZLLA 1183 (20 August 2008)

New Zealand Liquor Licensing Authority

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McDonnell, re [2008] NZLLA 1183 (20 August 2008)

Last Updated: 5 February 2010

Decision No. PH 1183/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HEATHER IVY McDONNELL 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: Dr J Horn

HEARING at Wanganui on 6 August 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr J D Bonner – Wanganui District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This application was filed with the Wanganui District Licensing Agency in May 2007. The application was not accompanied by the required Licence Controller Qualification.

[2] The applicant produced a certificate that she had completed the unit standards, and it may well be that she was misled by the certificate into the belief that she had in fact obtained the qualification, but this has not been the case.

[3] The Inspector took the matter up with the applicant and there was no response, and subsequently it was confirmed that the applicant was no longer employed at the licensed premises that had been nominated in her application.

[4] The applicant has failed to appear in support of her application and there has been no explanation given for her non-appearance.

[5] In those circumstances we infer that the applicant is no longer interested in pursuing her application, which in any event and as a matter of law must be refused.

DATED at WELLINGTON this 20th day of August 2008

B M Holmes
Deputy Secretary

Heather McDonnell.doc(jeh)