Smart, re [2008] NZLLA 1358 (26 September 2008)

New Zealand Liquor Licensing Authority

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Smart, re [2008] NZLLA 1358 (26 September 2008)

Last Updated: 8 February 2010

Decision No. PH 1358/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DOUGLAS JOHN SMART pursuant to s.123 of the Act for renewal of a Club Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at DUNEDIN on 23 September 2008

APPEARANCES

No appearance by or on behalf of the applicant
Mr A S Mole – Dunedin District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Douglas John Smart for the renewal of his Club Manager’s Certificate. Mr Smart’s certificate fell due for renewal on 7 May 2007. In his application form Mr Smart indicated that he was not currently working or volunteering in any licensed club. He was duly advised that unless there was some managerial involvement in a club, it was unlikely that the certificate would be renewed.

[2] The Authority has consistently affirmed that regular managerial experience is an important factor in keeping an applicant aware of current licensing trends as well as changes to the Act. No further information was received from the applicant and the application was set down for a public hearing. Mr Smart did not appear at the hearing and no explanation was received for the non-appearance. The strong inference is that Mr Smart is no longer interested in pursuing his application. In the absence of any indication that he has work available to him in a licensed club the application is now refused.

DATED at WELLINGTON this 26th day of September 2008

B M Holmes
Deputy Secretary

Dunedin Club.doc