Tuhaka, re [2008] NZLLA 68 (30 January 2008)

Last Updated: 18 February 2010

Decision No. PH 68/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHARLOTTE TUHAKA pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at WELLINGTON on 23 January 2008

APPEARANCES

No appearance by or on behalf of applicant
Ms K Naylor – Hutt City District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Charlotte Tuhaka for the renewal of her General Manager's Certificate.

[2] Ms Tuhaka has held her certificate since 2002. When she filed her renewal application she indicated that the manager's certificate was used for employment at the Wainuiomata Pool and Dance Club Inc. As from 1 April 2006 the Act has been amended to provide that no manager's certificate may be renewed unless the applicant is the holder of the Licence Controller Qualification.

[3] Various steps were taken by the licensing Inspector of the Hutt City District Licensing Agency, to contact Ms Tuhaka to remind her of her obligations. Letters were sent and other contact was made. Eventually the “Pool and Dance Club” was contacted, and the Inspector was advised that Ms Tuhaka was no longer employed at those premises.

[4] Ms Tuhaka has failed to appear in support of her application. In those circumstances there is no evidence that she has employment in the industry, and there is no qualification. Accordingly, and as a matter of law, the application is now refused.

DATED at WELLINGTON this 30th day of January 2008

B M Holmes
Deputy Secretary

Charlotte Tuhaka.doc(aw)