Beretta and others, re [2008] NZLLA 229 (26 February 2008)

Last Updated: 2 March 2010

Decision No.PH 229/2008-
PH 243/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by JONATHAN MICHAEL BERETTA, JASWINDER KAUR BRAR, NARAN DAHYA, JOSEPHINE LEIGH DOUGLAS, CLIODHNA ANN DUANE, BRIDGET MARY HOGAN, KEITH SEAMUS KEARNS, SUN HEE KIM, XIAOQIAN LIU, NARUMON MACDONALD, SCOTT COOPER MACKENZIE, KANDASAMY MAGALINGGAM, CHRISTOPHER ALAN PAIRAMA, TEJNA TRISHA PRANLAL and LI SHU-DE 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 14 February 2008

APPEARANCES

No appearance by or on behalf of applicants
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] The above applicants have made application to the Auckland District Licensing Agency for General Manager's Certificates. In the majority of cases no Licence Controller Qualification has been supplied despite adequate opportunity to do so and a number of requests.

[2] In some cases the applicants have also failed to attend for an interview. The interview is an important part of the process because it is only by completing an interview that an applicant can satisfy the Inspector that he or she has an adequate knowledge of the Act and of host responsibility.

[3] In the case of Sun Hee Kim, Li Shu-De and Scott Cooper MacKenzie the applicants have achieved the Licence Controller Qualification, but have failed to attend an interview and there has been no further contact with the Agency.

[4] None of the above applicants appeared at the public hearing. The inference we draw is that they are no longer interested in pursuing their applications. At any event all applications (except for the three referred to above), cannot, as a matter of law be granted because of the absence of the Licence Controller Qualification.

[5] In summary, the applicants have been unable to satisfy the criteria set out in s.121 of the Act, and all applications are now refused.

DATED at WELLINGTON this 26TH day of February 2008

B M Holmes
Deputy Secretary

Jonathan Beretta and Ors.doc(aw)