Aplin, re [2009] NZLLA 474 (6 May 2009)

New Zealand Liquor Licensing Authority

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Aplin, re [2009] NZLLA 474 (6 May 2009)

Last Updated: 3 June 2010

Decision No. PH 474/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MAYMOURNE TE PAI APLIN pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at PALMERSTON NORTH on 29 April 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr C Locke – Tararua District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Maymourne Te Pai Aplin for the renewal of her General Manager’s Certificate. Ms Aplin was granted a certificate on 24 September 2007. She filed her application with the Tararua District Licensing Agency exactly one year later.

[2] When asked in her application where it was intended that she use her certificate Ms Aplin indicated that this was to enable her to manage premises known as the "Eketahuna Country Café". The Inspector advised that Ms Aplin to his knowledge had not worked as a duty manager since the certificate was first issued. His understanding is that it was always intended that Ms Aplin would manage the café but the café has never held an on-licence. He advised that an application for the grant of an on-licence has been received but there are problems with the building work as well as with resource consent.

[3] The Inspector pointed out that one of the criteria that must be satisfied by an applicant for renewal, is the manner in which the manager has managed the sale and supply of liquor pursuant to the licence with the aim of contributing the reduction of liquor abuse. The Inspector has referred us to our previous decisions in which we stated our view that we are not prepared to issue certificates (or to renew them) in a vacuum. It has always been our view that certificates should be working documents in which a person has the full and committed support of an employer who is prepared to trust the applicant to manage the employer's premises on his or her own.

[4] Not only does the applicant have no recent experience in controlling licensed premises, but the applicant is unable to satisfy the criteria for renewal. The final impediment to the grant of a renewal is that Ms Aplin has failed to appear in support of her application. We draw the inference from the lack of any explanation for her non-appearance that at this stage she is not interested in pursuing the renewal. She may of course file a fresh application if an on-licence is granted to the café.

[5] In all the circumstances we are unable to be satisfied as to the criteria set out in s.126 of the Act and the application is refused.

DATED at WELLINGTON this 6th day of May 2009

B M Holmes
Deputy Secretary

Maymourne Aplin.doc(aw)