Jesen, re [2008] NZLLA 1389 (1 October 2008)

New Zealand Liquor Licensing Authority

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Jesen, re [2008] NZLLA 1389 (1 October 2008)

Last Updated: 9 February 2010

Decision No. PH 1389/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ROY WALTER JESEN pursuant to s.118 of the Act for a Club Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at TAURANGA on 11 September 2008

APPEARANCES
No appearance by or on behalf of the applicant
Mr G J Cushing – Tauranga District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Roy Walter Jesen for a Club Manager’s Certificate. The application was filed with the Tauranga District Licensing Agency on 28 November 2006. The application was accompanied by a letter from the secretary of the “Albion Cricket Club” to confirm that Mr Jesen had been involved with the club for 17 years, and had carried out a number of responsibilities on behalf of the club.

[2] There was no mention of any training undertaken by the applicant. The issue of training is one of the criteria set out in s.121(2) of the Act. Accordingly letters were sent to Mr Jesen asking him what training had been undertaken. Eventually the District Licensing Agency Inspector made a phone call to Mr Jesen requesting him to supply details of the relevant training. There was no effective response to the letters or to the phone call. As a consequence the matter was set down for a public hearing. Mr Jesen has been given plenty of time to show an interest in the process. He failed to appear at the hearing despite being advised by the Authority staff of the time and place. No explanation has been received for his non-appearance.

[3] In all those circumstances we are unable to be satisfied as to the criteria in s.121 of the Act. We draw the inference that Mr Jesen is no longer interested in pursuing his application and it is now refused.

DATED at WELLINGTON this 1st day of October 2008

Sara Cunningham
Secretary

RoyJesen.doc(jeh)