Bowcock [2008] NZLLA 945 (10 July 2008)

Last Updated: 26 January 2012

Decision No. PH 945/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SIMEON JOSEPH BOWCOCK 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 20 June 2008

APPEARANCES

Mr S J Bowcock – applicant
Mr A C Phillips – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Simeon Joseph Bowcock pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The criteria to which we must have regard are set out in s.121 of the Act. They are:

(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] The application was received by the Auckland District Licensing Agency in October 2007. At that time Mr Bowcock was employed with "Lenin Bar Chic Bar Minus Five". If granted a General Manager's Certificate Mr Bowcock is to be the duty manager as required.

[4] The applicant declared no convictions on his application form and the Police reported on the application with no opposition. The applicant failed to provide evidence of having obtained the Licence Controller Qualification as required under s.117A of the Act. The applicant also failed to attend interviews with the Inspector on 7 and 28 November 2007. This resulted in the Inspector opposing the application and the matter being set down for a public hearing.

[5] Mr Bowcock has appeared before us today and provided a copy of his Licence Controller Qualification. Mr Bowcock was interviewed by the Inspector who has reported that he is satisfied with the applicant's knowledge and understanding of the Act and of host responsibility requirements.

[6] Accordingly, we are now satisfied as to the matters that we must have regard to in s.121 of the Act and the application for a General Manager's Certificate is granted. The certificate may issue immediately.

DATED at WELLINGTON this 10th day of July 2008

B M Holmes
Deputy Secretary

Simeon Bowcock.doc(aw)