Payne, re [2008] NZLLA 1195 (25 August 2008)

New Zealand Liquor Licensing Authority

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Payne, re [2008] NZLLA 1195 (25 August 2008)

Last Updated: 6 February 2010

Decision No. PH 1195/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KELLY MARIE EILEEN PAYNE pursuant to s.123 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 PALMERSTON NORTH on 7 August 2008

APPEARANCES

No appearance by or on behalf of applicant
Mrs C M Wisnewski – Manawatu District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application made by Kelly Marie Eileen Payne for a General Manager’s Certificate.

[2] The application was not accompanied by the requisite Licence Controller Qualification and a letter was sent to Ms Payne requesting references as well as the qualification.

[3] There was no response to the two letters that were sent and in the circumstances it was clear that the application could not be granted because neither the Agency nor the Authority may grant an application in the absence of the necessary qualification.

[4] In the event, the matter was set down for a public hearing. However, Ms Payne did not appear in support of her application. We therefore draw the inference that she is no longer interested in pursuing her application, which as a matter of law must be refused.

DATED at WELLINGTON this 25th day of August 2008

B M Holmes
Deputy Secretary

Kelly Payne.doc(jeh)