Nagae and others, re [2008] NZLLA 1312 (8 September 2008)

New Zealand Liquor Licensing Authority

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Nagae and others, re [2008] NZLLA 1312 (8 September 2008)

Last Updated: 7 February 2010

Decision No. PH 1312-1318/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by MARIELA SOLEDAD NAGAE, HAO CHEN, ANDREW DUDLEY NEAL, NICHOLAS SHAUN DOLAN, MEIKA KATHERINE MAE BROWN, MOHAMMED OSMAN, and PAUL TUATAI IAN COCKBURN pursuant to s.118 of the Act for General Managers’ Certificates

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at WELLINGTON on 2 September 2008

APPEARANCES

No appearance by or on behalf of applicants
Mr R Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant C A Marner – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are seven applications for General Managers' Certificates pursuant to s.118 of the Act.

[2] The applications were all filed with the Wellington District Licensing Agency. The majority of the applications were filed between January and May 2008 but the application made by Mr Cockburn dates back to August 2007.

[3] The matter in issue with all of these applications is the failure by the applicants to attend interviews with a District Licensing Agency Inspector. The Act requires the Inspector to enquire into and file with the Agency reports on the applications. The Inspector was therefore unable to assess the applicants’ knowledge of the Act and host responsibility. Accordingly the matters were set down for a public hearing.

[4] None of the applicants have appeared today in support of their applications. By their absence we can only conclude that they no longer wish to pursue their applications.

[5] In all the circumstances we are unable to be satisfied as to the criteria to which we must have regard as set out in s.121 of the Act. Accordingly all of the applications are refused.

DATED at WELLINGTON this 8th day of September 2008

B M Holmes
Deputy Secretary

Meika Brown and Others.doc(aw)