Goossens [2009] NZLLA 1194 (19 October 2009)

Last Updated: 28 January 2012

Decision No. PH 1194/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LYNETTE KAYE GOOSSENS pursuant to s.123 for the 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 ROTORUA on 5 October 2009

APPEARANCES

No appearance by or on behalf of applicant
Ms J A Smale – Rotorua District Licensing Agency Inspector – in opposition
Sergeant M J Membery – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Lynette Kaye Goossens for the renewal of her General Manager’s Certificate.

[2] Ms Goossens has held the certificate since 2002. In her renewal application she indicated that she was using the certificate at a sports club. Enquiries made by the Police and the Inspector showed that in fact this was no longer the case. Indeed there were a number of unusual if not suspicious circumstances, which may well have led to her leaving that employment.

[3] Efforts made by the reporting agencies to contact Ms Goossens have been unsuccessful. Although no formal complaint about Ms Goossens’ alleged behaviour was made to the Police, the club indicated that it intended to deal with the matter as an employment issue.

[4] In the event Ms Goossens failed to appear to support her application and there was no explanation for her non-appearance. It was also noted that since the certificate was last issued Ms Goossens had been convicted of disorderly behaviour and had been fined a moderate amount. In those circumstances we draw the
[5] inference that Ms Goossens is no longer interested in pursuing the application. As she is unable to establish the criteria set out in s.126 of the Act, the application is refused.

DATED at WELLINGTON this 19th day of October 2009

B M Holmes
Deputy Secretary

Lynette Goossens.doc(jeh)