Alias, re [2009] NZLLA 537 (26 May 2009)

Last Updated: 2 October 2010

Decision No. PH 537/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by REEM ALIAS 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 PAPAKURA on 20 May 2009

APPEARANCES

Ms R Alias – applicant
Mr P A Radich – Manukau 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 Reem Alias for a General Manager’s Certificate. The application was filed in February 2008 and to a large extent has been overtaken by time.

[2] There were initial concerns about the non-disclosure of a drink/driving conviction in June 2007, as well as the fact that there had been a similar incident in 2000. These matters resulted in formal opposition. This delayed the process. In view of the fact that it is now approximately two and a half years since the last incident, bearing in mind that the breath alcohol level was not particularly high, the Police withdrew their opposition.

[3] The District Licensing Agency Inspector had concerns about whether the certificate was to be used in licensed premises. Accordingly the matter was set down for a hearing. Ms Alias appeared at the hearing and produced a reference from licensed premises known as “Republic Bar and Kitchen”. The document showed that she is well supported in her application, and that she has been working at these premises as a food and beverage manager since November 2007. She is said to be reliable, hardworking and an honest employee who takes pride in her work and displays a good level of responsibility and maturity. Accordingly the employer recommends that the application be granted. Having read the reference the Inspector withdrew his opposition.

[4] We duly heard from Ms Alias. She has been working at the premises on both a full and part-time basis. She has been able to control the premises as a temporary manager. She satisfies the criteria set out in s.121 of the Act. Accordingly the application is granted.

DATED at WELLINGTON this 26th day of May 2009

B M Holmes
Deputy Secretary

Reem Alias.doc(jeh)