Herbert and Philip and Phillips [2008] NZLLA 780 (6 June 2008)

Last Updated: 23 January 2012

Decision No. PH 780-782/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by PAULA GAIL HERBERT pursuant to s.118 of the Act for a Club Manager’s Certificate; and by ROBERT GRANT PHILIP pursuant to s.118 of the Act for a General Manager’s Certificate; and by BARBARA JEAN PHILLIPS 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 INVERCARGILL on 22 April 2008

APPEARANCES

No appearances by or on behalf of the applicants

DECISION

We have before us applications for the grant a Club Manager’s Certificate, and a General Manager’s Certificate; and for renewal of a General Manager’s Certificate.

The applications were filed with the Clutha District Licensing Agency between February 2007 and July 2007.

The Clutha District Licensing Agency Inspector opposed the applications.

Ms Herbert had failed to provide the Agency Inspector with any proof of having received any training in the Sale of Liquor Act, despite repeated requests to do so, and the other two applications were not accompanied by the Licence Controller Qualification prescribed by s.117A of the Act. In the absence of that qualification a General Manager’s Certificate cannot issue, or be renewed.

All of the applicants were advised by mail of the fact that public hearings had been scheduled before the Authority – in the case of Mr Philip the notice of hearing was returned undelivered – but none of them registered an appearance, In light of the applicants’ failure to attend the proceedings were not called.

In the circumstances we have presumed that the applicants have no further interest in pursuing their applications.

We are unable to be satisfied as to the matters to which we must have regard in ss.121(1) and 126 of the Act and the applications are consequently refused.

DATED at WELLINGTON this 6th day of June 2008

______________
B M Holmes
Deputy Secretary

Invercargill Hearings.doc(ab)