Aprianingsih [2008] NZLLA 860 (25 June 2004)

Last Updated: 24 January 2012

Decision No. PH 860/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ASIH BELL APRIANINGSIH pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 16 June 2008

APPEARANCES

No appearance by or on behalf of applicant
Senior Constable D Arthur – NZ Police – in opposition
Mr A G Phillips – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for a General Manager's Certificate by Asih Bell Aprianingsih. The application was lodged with the Auckland District Licensing Agency on 12 December 2007. The application attracted opposition from the Police. The grounds of the opposition are as to the character and reputation of the applicant.

[2] Pursuant to s.121 of the Act the criteria to which we must have regard in considering an application for a General Manager's Certificate is as follows:

(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] At the time of the application the applicant was employed at the "Matiatia Beach Bar and Restaurant" on Waiheke Island and provided a reference from the employer. We have been advised however, by the Police and the Inspector, that the establishment is now in receivership.

[4] The applicant had obtained the Licence Controller Qualification and displayed a satisfactory knowledge of the Act and host responsibility obligations during an interview with the Inspector. There are no convictions of any concern.

[5] Senior Constable Dean Arthur is based at Waiheke Island. He said in his evidence that he does not believe the character and reputation of the applicant to be appropriate for the granting of a General Manager's Certificate. The evidence was that Police have attended 12 family violence disputes involving the applicant during the period 1997 to 2008. Senior Constable Arthur gave evidence that he had personally attended several of these family violence disputes and found the applicant's behaviour during these incidents to be at times aggressive, unreasonable and unreliable. He also said that at a number of these disputes he believed the applicant to be highly intoxicated. The behaviour exhibited on these occasions leads him to believe that the applicant is not capable of suitably supervising a licensed establishment.

[6] The applicant has not appeared before us today to respond to the opposition by the Police. We can only assume that the applicant is no longer interested in pursuing the application. Accordingly the application will be declined.

DATED at WELLINGTON this 25th day of June 2008

B M Holmes
Deputy Secretary

Asih Aprianingsih.doc(aw)