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Liley, re [2008] NZLLA 1703 (8 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1703/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a resumption of a hearing of an application by ROSEANNA VICKY LILEY 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 WELLINGTON on 20 November 2008

APPEARANCES

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


ORAL DECISION OF THE AUTHORITY


[1] This is the resumption of a hearing of an application by Roseanna Vicky Liley for a General Manager's Certificate.

[2] The application was first heard in Wellington on 16 October 2007 (see PH 1134/2007). The application revealed that Ms Liley appeared to fulfil the majority of the criteria set out in s.121 of the Act. However the evidence showed that she had been stopped while driving in Wellington on 11 February 2007, approximately eight months before the hearing, and was subsequently found to have a breath alcohol level of 697 micrograms of alcohol per litre of breath.

[3] Ms Liley had been appointed as a temporary manager. In the circumstances we decided to adjourn the application for a period of 12 months and to call for a further public hearing after 12 months had expired.

[4] In that time it was anticipated that there might have been temporary or acting appointments. We wanted to see how the application was progressing from that point of view, and then make a decision about whether or not the application would be granted. Ms Liley had not been appointed as a temporary manager at the time of the hearing.

[5] In accordance with our decision the matter was set down for a resumed hearing. However Ms Liley did not appear, and no explanation was given for her non-appearance. In the interim period of time there have been no notifications that she has been appointed either as a temporary or acting manager.

[6] In those circumstances we draw what we regard as the only available inference that by not appearing, and not providing an explanation for her non-appearance, Ms Liley is no longer interested in pursuing the application. We have no proof that she is currently working in the industry in any event. In those circumstances the application is now refused.

DATED at WELLINGTON this 8th day of December 2008

B M Holmes
Deputy Secretary

Roseanna Liley.doc(aw)


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