Tua, re [2008] NZLLA 1756 (16 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1756/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WESLEY MOLOKA JOHN TUA pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at TAURANGA on 24 November 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr N W Gilbert – Tauranga District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for a General Manager's Certificate by Wesley Moloka John Tua pursuant to s.118 of the Act.

[2] A similar application by Mr Tua was heard in February 2008 when decision LLA PH 375/2008 was issued declining the application. In the decision the Authority stated that it expected a period of 18 offence-free months in order to show that he was free of the drug subculture and in a position to move on and take a more professional role in the industry. The Authority also noted that as no decision was infinite and Mr Tua might wish to reapply, that if he applied within the next 12 months it would be necessary in our view for him to have confirmation from a drug treatment agency that he is free of involvement with drugs. The Authority continued that on the other hand if he was prepared to wait until later when he does have the support of an employer that would be a matter for him and the decision would not prevent him from doing so.

[3] The current application for a General Manager's Certificate was received by the Tauranga District Licensing Agency on 11 September 2008. The application was opposed by the District Licensing Agency Inspector based on the previous decision of the Authority as Mr Tua had failed to provide any documentation from a drug treatment agency confirming that he was free of involvement with drugs.

[4] The Inspector, Mr Norman Gilbert, had advised that following the objection contact was eventually made with Mr Tua through his employer Mr Clapham of "Cornerstones Pub" in Tauranga. Mr Clapham has apparently taken an active role in trying to assist Mr Tua in sorting out his issues and moving him forward in his career. Mr Tua has apparently been recently involved in a drug help programme.

[5] Mr Tua has informed the Tauranga District Licensing Agency that he is unable at this time to provide any documentation in support of his application and that his drug counsellor wishes to see further time in the programme before making any such declaration.

[6] Mr Tua has stated that he wishes to delay his application until such time as he is able to provide documentation. On this basis Mr Gilbert has requested that the matter be adjourned to give Mr Tua time to achieve this. He has also indicated that on receipt of this documentation and with consideration to the support from his employer it is likely that his objection to Mr Tua holding a certificate would be withdrawn. If that is the case the matter could be dealt with on the papers.

[7] For the reasons given above this application is now adjourned for four months.

DATED at WELLINGTON this 16th day of December 2008

B M Holmes
Deputy Secretary

Wesley Tua.doc(aw)