Garlick, re [2008] NZLLA 246 (27 February 2008)

Last Updated: 6 March 2010

Decision No.PH 246/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of application by JEAN FRANCES GARLICK pursuant to s.123 for renewal of a General Manager's Certificate

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 applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application for renewal of a General Manager's Certificate by Jean Frances Garlick. The manager's certificate was first issued in 2004 and after a subsequent renewal was due to expire on 8 November 2007.

[2] The application for renewal was received within time by the Waitakere District Licensing Agency on 16 October 2007. The District Licensing Agency Inspector has opposed the renewal on the ground that he was unable to confirm that the applicant is currently employed within the hospitality industry. The matter was accordingly set down for a public hearing.

[3] In the main Ms Garlick fulfils the criteria required for renewal under s.126 of the Act. She has attained and provided evidence of the Licence Controller Qualification and there is no opposition from the Police.

[4] The issue in this case is that Ms Garlick no longer works in the hospitality industry. On her application form she states her occupation as executive assistant and where asked to provide the name of the licensed premises in which her certificate is being used the applicant has written "N/A".

[5] The Inspector contacted the applicant who explained that she is working for "Millennium Hotels and Resort" but is not working within any licensed premises in her role as executive assistant. She has apparently transferred to the head office.

[6] There was no appearance by Ms Garlick at the public hearing. It appears that she is no longer interested in pursuing her application. In any event as the Authority has often commented a manager's certificate is to be viewed as a working document and not simply as part of a curriculum vitae.

[7] The application for renewal of General Manager's Certificate number GM/007/1205/04 issued to Jean Frances Garlick is refused. This does not prevent Ms Garlick from applying for a new General Manager's Certificate should she obtain employment within the hospitality industry in the future.

DATED at WELLINGTON this 27TH day of February 2008

B M Holmes
Deputy Secretary

Jean Garlick.doc(aw)