McCausland, re [2008] NZLLA 463 (27 March 2008)

New Zealand Liquor Licensing Authority

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McCausland, re [2008] NZLLA 463 (27 March 2008)

Last Updated: 30 January 2010

Decision No. PH 463/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALBERT MYLES MCCAUSLAND 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: Mr P M McHaffie

HEARING at AUCKLAND on 12 March 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition
Sergeant W D Kitcher – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Albert Myles McCausland for a General Manager's Certificate. The application was accompanied by the Licence Controller Qualification and Mr McCausland had previously been the holder of a certificate. The certificate was granted in 2002 and fell due for renewal on 12 December 2006, but was not renewed.

[2] When he filed his application Mr McCausland indicated that he intended to use the certificate with the "Auckland Marist Rugby and Sports Club". He enclosed an equivocal reference which indicated that he had applied for the position of bar manager at the club, and that due consideration would be given to the application upon Mr McCausland gaining the renewal of his manager's certificate. That letter was dated March 2007.

[3] There was an outstanding file at the Police in relation to Mr McCausland. In December 2005 he had been a duty manager at premises known as "Players Bar". According to the file he had allowed an intoxicated person to remain on the premises. The Police were endeavouring to contact him to get his explanation with the possibility that a warning might be issued. Attempts to contact Mr McCausland were made on many occasions without success. He made no attempt to contact the Police or to return any of the calls. The Inspector interviewed Mr McCausland and thought that he had a satisfactory knowledge of his legal responsibilities and would be suitable to hold a Club Manager’s Certificate rather than a General Manager's Certificate. The Police brought the matter before us to clarify Mr McCausland’s suitability.

[4] The issue now relates to his commitment, he having failed to appear at the hearing. When people fail to appear and no explanation is given for their non-appearance the only reasonable inference we can draw is that they are no longer interested in pursuing their application. In this case there is no proof that the applicant is involved in the industry.

[5] In such circumstances we have little hesitation in refusing the application. It has always been our policy that certificates are not granted in a vacuum. They should be working documents enabling a person to run licensed premises with the full support of an employer.

[6] Accordingly the application is now refused.

DATED at WELLINGTON this 27TH day of March 2008

S Cunningham
Secretary

Albert McCarsland.doc(aw)