Van Nguyen [2008] NZLLA 747 (30 May 2008)

Last Updated: 22 January 2012

Decision No. PH 747/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CONG VAN NGUYEN 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 12 May 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant C A Marner – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Cong Van Nguyen for the renewal of his General Manager's Certificate. Mr Nguyen was first granted his certificate in 2001.

[2] The application was filed with the Wellington District Licensing Agency on 18 April 2007. The Licence Controller Qualification was not enclosed with the application. Since the amendment to the Act no certificate can be renewed either by the Agency or this Authority without the required qualification.

[3] Mr Van Nguyen was written to asking for further information about his proposed employment, as well as the qualification. There was no response to the request and Mr Van Nguyen was not present when the matter was called at a public hearing.

[4] The evidence indicates that Mr Van Nguyen moved to Sydney, Australia, some time late last year. It is clear from his lack of appearance, that he is no longer interested in pursuing his application, which in any event, may not be granted as a matter of law.

[5] Accordingly the application for renewal of the certificate is refused.

DATED at WELLINGTON this 30th day of May 2008

B M Holmes
Deputy Secretary

Cong Nguyen.doc(aw)