Barnett and others, re [2008] NZLLA 187 (20 February 2008)

Last Updated: 27 February 2010

Decision No. PH 187-189/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an applications by ASHLEY ANNAMAE BARNETT, BRENDAN THOMAS SYMES and XIAO YU (ELLEN) LIU pursuant to s.118 of the Act for General Manager's Certificates

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 13 February 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us applications by Ashley Annamae Barnett, Brendan Thomas Symes and Xiao Yu (Ellen) Liu for General Manager's Certificates. All applications were filed in 2007.

[2] In each case the applicant was written to and asked to attend an interview. In each case the applicant made no contact with the Agency and no interview took place. There were further attempts made in respect of two of the applicants for a second interview but once again there was a failure to attend. In the case of the third applicant no proof of identification had been submitted.

[3] The applications were accordingly opposed and were set down for a public hearing. At the hearing each of the three applicants failed to appear and there was no explanation for their non appearance. In those circumstances we have drawn the clear inference that the applicants are no longer interested in pursuing the applications, which are accordingly refused.

DATED at WELLINGTON this 20th day of February 2008

B M Holmes
Deputy Secretary

Ashley Barnett etc.doc(aw)