Birdling, re [2008] NZLLA 256 (27 February 2008)

New Zealand Liquor Licensing Authority

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Birdling, re [2008] NZLLA 256 (27 February 2008)

Last Updated: 7 March 2010

Decision No.PH 256/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application JESSIE SUE EMMA BIRDLING 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] This is an application for a General Manager's Certificate by Jessie Sue Emma Birdling.

[2] The application was received by the Waitakere District Licensing Agency on 3 October 2006. At the time the application was lodged Ms Birdling had been employed by the West Auckland Trust Services for a period of around 15 months. During that time her position involved serving alcohol and general bar duties.

[3] The applicant advised that she intended to use her General Manager's Certificate if granted at "Miss Q's" in Waitakere City. A copy of the Licence Controller Qualification was provided with the application.

[4] The applicant was interviewed by the Inspector on 15 January 2007. The Inspector's view was that the applicant displayed a less than satisfactory knowledge of the Sale of Liquor Act 1989 and of host responsibility. On 16 January 2007 the Inspector wrote to the applicant to confirm that a second interview could be arranged at the applicant's request once any further training had been completed. No response was received from the applicant. On 2 October 2007 the District Licensing Agency received an email from West Auckland Trust Services confirming that the applicant was no longer employed at "Miss Q's".

[5] The Inspector opposed the granting of a General Manager's Certificate on the grounds that the applicant had displayed a less than satisfactory knowledge and understanding of the Act and of host responsibility and also that he was unable to confirm that the applicant was still employed within the industry.

[6] The matter was accordingly set down to be determined at a public hearing. There has been no appearance by Ms Birdling in support of her application. We therefore draw the inference that she is no longer interested in pursuing the application. The application is refused.

DATED at WELLINGTON this 27TH day of February 2008

B M Holmes
Deputy Secretary

Emma Birdling.doc(aw)