Frear, re [2008] NZLLA 73 (4 February 2008)

Last Updated: 19 February 2010

Decision No. PH 73-2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATHEW JOHN FREAR 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 NAPIER on 24 January 2008

APPEARANCES

No appearance by or on behalf of applicant
Ms A M Carr - Napier District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mathew John Frear for the renewal of his General Manager's Certificate. Mr Frear has held his certificate since 2000.

[2] His application was filed with the Napier District Licensing Agency but there was no Licence Controller Qualification as is now required by the Act. Furthermore it was revealed that Mr Frear, while continuing to be involved in the hospitality industry, no longer needs to be the holder of a manager's certificate.

[3] There was a suggestion that Mr Frear was going to withdraw his application so it could be disposed of. He failed to do so and he also has failed to appear in support of his application.

[4] In those circumstances we draw the inference that he is no longer interested in pursuing his application which now as a matter of law must be declined.

DATED at WELLINGTON this 4th day of February 2008

B M Holmes
Deputy Secretary

Mathew Frear.doc(aw)