Wilson, re [2009] NZLLA 393 (14 April 2009)

New Zealand Liquor Licensing Authority

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Wilson, re [2009] NZLLA 393 (14 April 2009)

Last Updated: 5 April 2010

Decision No. PH 393/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BENJAMIN DAVID WILSON 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 WELLINGTON on 30 March 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Benjamin David Wilson for a General Manager’s Certificate. The application was filed with the Agency in May last year.

[2] At the time of the application Mr Wilson was employed at a coffee house which was considering making application for an on-licence. In the event he left his employment prior to the application being dealt with. He has the Licence Controller Qualification and when interviewed showed a good knowledge of the Act.

[3] Nevertheless the Inspector was concerned because Mr Wilson no longer had potential for employment in the industry and therefore lacked the requisite experience. The matter was accordingly set down for a public hearing.

[4] In compiling his report, the Inspector reflected our policy that managers' certificates should be working documents so that it is clear that the person holding the certificate has thoroughly good experience in controlling licensed premises on his or her own.

[5] In the event Mr Wilson failed to appear in support of his application and no explanation was given for his non appearance. It seems clear to us that he is no longer interested in continuing with his application. In addition he has been unable to satisfy us as to the criteria set out in s.121 of the Act.

[6] The application is therefore refused.

DATED at WELLINGTON this 14th day of April 2009

B M Holmes
Deputy Secretary

Benjamin Wilson.doc(aw)