Cormack, re [2008] NZLLA 612 (5 May 2008)

Last Updated: 24 November 2010

Decision No.PH 612/2008-
PH 615/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by TREVOR CHARLES HARVEY CLARK, TONI AMELIA COURT, COLIN GRAHAM MICKLEWRIGHT and KIMBERLEY CHARLES CORMACK, pursuant to s.123 of the Act for renewal of 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 M J Sarfaiti – Southland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us applications from Trevor Charles Harvey Clark, Toni Amelia Court, Colin Graham Micklewright and Kimberley Charles Cormack for renewal of their General Manager's Certificates.

[2] As part of a move to increase the responsibilities and standards of managers the Act was amended to provide that as from 1 April 2007 all holders of General Manager's Certificates must now have the Licence Controller Qualification before a certificate may be renewed.

[3] None of these applicants has produced evidence of having attained their Licence Controller Qualification despite having been repeatedly advised of this requirement by the Southland District Licensing Agency. The matters were therefore set down for a public hearing..

[4] 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.

[5] There has been no appearance by any of the applicants in support of their renewal applications, before us at the public hearing. 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

Trevor Clark and ors.doc(aw)