Nelson, re [2009] NZLLA 488 (7 May 2009)

New Zealand Liquor Licensing Authority

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Nelson, re [2009] NZLLA 488 (7 May 2009)

Last Updated: 18 July 2010

Decision No. PH 488/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DELYSE TE AROHA NELSON 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: Mr P M McHaffie

HEARING at WANGANUI on 28 April 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr J D Bonner – Wanganui District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Delyse Te Aroha Nelson pursuant to s.118 of the Act for a General Manager’s Certificate. The applicant is the holder of the Licence Controller Qualification which was issued on Monday 3 March 2008.

[2] An application form was received by the Wanganui District Licensing Agency in November 2008. The application form was not signed by the applicant but was signed by Rosa Vakatini. On 1 November 2008 the District Licensing Agency Inspector received a reference from the "Steak at the Gate Bar and Grill" supporting the granting of a General Manager’s Certificate to the applicant.

[3] The District Licensing Agency Inspector is required to assess the applicant's suitability knowledge and experience in relation to managing licensed premises. The District Licensing Agency Inspector opposed the granting of the certificate as he has been unable to make an appointment to interview the applicant as there has been no response to either telephone calls or a letter. The assumption by the District Licensing Agency Inspector is that the applicant no longer wishes to continue with the application. The Police also oppose the granting of the application based on a believed gang affiliation.

[4] In any event the applicant failed to appear before the Authority. Under the circumstances we are unable to grant the application and it is now refused.

DATED at WELLINGTON this 7th day of May 2009

B M Holmes
Deputy Secretary

Delyse Nelson.doc(aw)