Jimmieson, re [2008] NZLLA 255 (27 February 2008)

Last Updated: 7 March 2010

Decision No.PH 255/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by AARON LEE JIMMIESON 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: 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] Before the Authority is an application by Aaron Lee Jimmieson for a General Manager's Certificate. The application was filed with the Waitakere District Licensing Agency on 4 July 2007.

[2] Mr Jimmieson had previously held a certificate which expired on 29 May 2007. It would appear that he failed to renew the certificate.

[3] At the time the application was lodged Mr Jimmieson had employment in the Waitakere Trust area. However he failed to supply a copy of the Licence Controller Qualification with his application. Furthermore when he was written to in late July to attend an interview he failed to respond to the request.

[4] In August 2007 District Licensing Agency Inspector received information that Mr Jimmieson was no longer employed at the licensed premises that he had nominated. The final impediment to the grant of a certificate is that the Police opposed the grant because several historical offences had not been disclosed.

[5] Mr Jimmieson failed to appear in support of his application and it is clear that he does not intend to pursue it. In those circumstances he has failed to satisfy the criteria set out in s.121 of the Act and the application is refused.

DATED at WELLINGTON this 27TH day of February 2008

B M Holmes
Deputy Secretary

Aaron Jimmieson.doc(aw)