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Higgins, re [2008] NZLLA 1192 (22 August 2008)

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Higgins, re [2008] NZLLA 1192 (22 August 2008)

Last Updated: 6 February 2010

Decision No. PH 1192/2008


IN THE MATTER of the Sale of Liquor Act 1989


AND


IN THE MATTER of an application by MAVIS ANN HIGGINS 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: Dr J Horn


HEARING at WANGANUI on 6 August 2008


APPEARANCES


No appearance by or on behalf of applicant
Ms J L Lahman – South Taranaki District Licensing Agency Inspector – in opposition


ORAL DECISION OF THE AUTHORITY


[1] Ms Higgins was granted a certificate in 2003. The renewal application was apparently filed by a relation of Ms Higgins because the applicant was overseas. Contact was made with the relation and the application, which was filed in July 2004, was delayed to assist the applicant. In the event time has passed and not only has the applicant failed to appear, in support of the application, but she has also been unable to provide evidence of gaining the requisite Licence Controller Qualification.

[2] In those circumstances, the time has well passed for her to obtain the qualification and her absence means that the application as a matter of law must be refused in any event.

DATED at WELLINGTON this 22nd day of August 2008


B M Holmes
Deputy Secretary


Mavis Higgins.doc(jeh)


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