Devlin [2008] NZLLA 850 (23 June 2008)

Last Updated: 24 January 2012

Decision No. PH 850/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BENJAMIN ANDREW DEVLIN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at CHRISTCHURCH on 10 June 2008

APPEARANCES

No appearance by or on behalf of applicant
Mr P Spang – Christchurch District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Benjamin Andrew Devlin for a General Manager's Certificate. The application was filed with the Agency on 17 August 2007. The application was not accompanied by the Licence Controller Qualification.

[2] When asked whether he had previous convictions, Mr Devlin confirmed a conviction involving the loss of his driver's licence for three months. However, he failed to declare six convictions relating to obtaining by deception. These convictions were entered in the Christchurch District Court on 30 November 2005.

[3] In addition Mr Devlin was convicted for driving with excess breath alcohol content in relation to offending that occurred on 1 May 2007.

[4] The application was set down for a public hearing but Mr Devlin failed to appear. No explanation was received for his non-appearance. It is noted that the notice of hearing was returned to the Authority "Gone no address". In those circumstances it is clear that Mr Devlin is unable to establish the criteria set out in s.121 of the Act. In particular there is no proof of the holding of the Licence Controller Qualification. As a consequence, and as a matter of law, the application must be refused.

DATED at WELLINGTON this 23rd day of June 2008

B M Holmes
Deputy Secretary Benjamin Devlin.doc(aw)