Myocevich, re [2008] NZLLA 1601 (18 November 2008)

Last Updated: 11 February 2010

Decision No. PH 1601/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MAGGIE SARAH MYOCEVICH pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WHANGAREI on 7 November 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr D K Dinsdale – Whangarei District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Maggie Sarah Myocevich for a General Manager's Certificate.

[2] The application was filed with the Whangarei District Licensing Agency on 27 April 2007. The applicant was asked whether she had been convicted of any offences, and she ticked the box saying ‘no’. She was subsequently convicted of offences involving the sale of liquor to a minor, as well as theft. She was convicted and discharged in relation to the sale to the minor, which arose from a controlled purchase operation, and at the same she was ordered to carry out community service in respect of the theft matter. It is noted that Ms Myocevich is just 19 years of age, having been born on 21 August 1989.

[3] The initial intention was that Ms Myocevich would use her certificate at licensed premises known as “House of Downtown” where she had been working for approximately seven months. However it transpired that this business was recently bought by a backpacking company and closed down.

[4] Ms Myocevich failed to appear in support of her application and no explanation was given for her non-appearance. In such circumstances she had been unable to establish the criteria set out in s.121 of the Act, and in particular that she is currently employed in the hospitality industry.

[5] In those circumstances the application is now refused.

DATED at WELLINGTON this 18th day of November 2008

B M Holmes
Deputy Secretary

Maggie Sarah Myocevich.doc(jeh)