Schulz [2009] NZLLA 1243 (28 October 2009)

Last Updated: 29 January 2012

Decision No. PH 1243/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REGINA DEANNE SCHULZ 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: Ms J D Moorhead

HEARING at PUKEKOHE on 19 October 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr T N Long – Franklin District Licensing Agency Inspector – in opposition
Sergeant G J Campbell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Regina Deanne Schulz pursuant to s.118 of the Act for a General Manager's Certificate. The application was lodged with the Franklin District Licensing Agency on 24 September 2007.
[2] At the time the application was made it was intended that Ms Schulz would act as a duty manager in an Italian restaurant to be established in Pukekohe. The applicant was to be a shareholder in the business. Ms Schulz attended a training course and obtained the Licence Controller Qualification.
[3] In accordance with normal vetting procedures the Police were asked to report on the application. The Police opposed the application on the basis of a lack of experience. Indeed it is noted that on the application form Ms Schulz indicated that she had no recent experience managing licensed premises. This is one of the criteria in s.121 of the Act that we are required to consider.
[4] The Agency wrote to the applicant on 25 September 2007 asking her to attend an interview. The District Licensing Agency Inspector, Mr Long, noted in his report dated 20 August 2009 that there had not been any response to that request. Nor was there any response to the Agency’s second request made on 16 December 2008. On this occasion the letter was returned marked “gone no address”.
[5] As the Inspector was not able to interview the applicant to determine her knowledge of the Sale of Liquor Act and managerial responsibilities, he opposed the application for a certificate. The matter was forwarded to the Authority for determination and set down for a public hearing.
[6] There has been no appearance by Ms Schulz and accordingly we are unable to be satisfied as to the criteria set out in s.121 of the Act. We also draw the reasonable assumption from her non-appearance that she no longer wishes to pursue the application. Accordingly in the circumstances the application is declined.

DATED at WELLINGTON this 28th day of October 2009

B M Holmes
Deputy Secretary

Regina Schulz.doc(aw)