Pearce and others, re [2008] NZLLA 1299 (8 September 2008)

New Zealand Liquor Licensing Authority

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Pearce and others, re [2008] NZLLA 1299 (8 September 2008)

Last Updated: 7 February 2010

Decision No. PH 1299-1301/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by PHILIP RICHARD DAVID PEARCE, LEAH EILEEN WAIPUIARANGI BUTLER and CHRISTINE PAULA PERKINS pursuant to s.123 of the Act for renewal of General Managers’ Certificates

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at QUEENSTOWN on 25 August 2008

APPEARANCES

No appearance by or on behalf of applicants
Ms T J Surrey – for Queenstown-Lakes District Licensing Agency Inspector – in opposition
Sergeant K P Newell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are three applications for renewal of General Managers’ Certificates. In each case the applicants failed to produce a copy of the required Licence Controller Qualification. This particular qualification came into force on 1 April 2006. Neither the Agency nor this Authority may renew any certificate absent the requisite qualification.

[2] Attempts were made to persuade the applicants to provide the relevant documentation without success.

[3] The applications were accordingly set down for a public hearing. None of the applicants appeared and there was no explanation given for their non-appearance.

[4] Not only are the applications deficient but also the applicants have been unable to satisfy us as to the criteria set out in s.126 of the Act. Each of the three applications is refused.

DATED at WELLINGTON this 8th day of September 2008

B M Holmes
Deputy Secretary