Mcevoy, re [2008] NZLLA 608 (5 May 2008)

Last Updated: 24 November 2010

Decision No. PH 608/2008-
PH 611/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by HOLLY MAY WINDERS, RENATA ROBYN SCHIMANSKI, VIVIENNE KAY DUNCAN, and ASHLEE JAMES MCEVOY 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: Dr J Horn

HEARING at INVERCARGILL on 21 April 2008

APPEARANCES

No appearance by or on behalf of applicants
Mr D A Clearwater – Southland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us applications from Holly May Winders, Vivienne Kay Duncan, Renata Robyn Schimanski and Ashlee James McEvoy for General Manager's Certificates.

[2] In each case the application was not accompanied by evidence of the Licence Controller Qualification. The Act was amended to provide that as from 1 April 2007 all holders of a General Manager's Certificate must also hold the Licence Controller Qualification before an application can be granted.

[3] Section 117A of the Sale of Liquor Act provides that neither the District Licensing Agency nor the Licensing Authority can issue or renew a General Manager’s Certificate unless the manager holds the prescribed qualification.

[4] Each of these applicants has been informed of this requirement by the Southland District Licensing Agency however none has produced evidence of having attained the qualification.

[5] Because of the absence of the qualification, adverse reports were filed and the matters were set down for a public hearing. There was no appearance by any of the applicants at the hearing, and the inference in clear that they are no longer interested in pursuing their applications.

[6] Accordingly, and as a matter of law these applications must be declined.

DATED at WELLINGTON this 5TH day of May 2008

B M Holmes
Deputy Secretary

Holly Winders.doc(aw)