Frost, re [2009] NZLLA 590 (11 June 2009)

Last Updated: 3 October 2010

Decision No. PH 590/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KATRINA MAY FROST pursuant to s.123 of the Act for renewal of General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at HAMILTON on 26 May 2009

APPEARANCES

No appearance by or on behalf of applicant
Sergeant J R Dalziell-Kernohan – NZ Police – in opposition
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Katrina May Frost for renewal of a General Manager’s Certificate. The certificate was first issued by the Stratford District Licensing Agency on 7 January 2008. Accordingly it was due to expire after the first probationary year on 7 January 2009. The application for renewal was filed in time on 6 January 2009 with the Hamilton District Licensing Agency and was accompanied by the required Licence Controller Qualification.

[2] The application states that the current place of employment was the "Bank Bar and Brasserie". The District Licensing Agency Inspector has spoken with the management of the premises and ascertained that the applicant no longer works there. The District Licensing Agency Inspector has attempted on several occasions to contact the applicant to ascertain whether she has employment within the industry. Mr Van Der Heijden has advised that he was able to contact the applicant this morning and she has confirmed that she is no longer in the industry and no longer interested in pursuing her application.

[3] Sergeant Dalziell-Kernohan had also attempted to contact the applicant on several occasions and in his submission he notes that the Authority has often stated:

"We have consistently tried to support a policy that manager's certificates are to be working documents. They are not to be regarded as a bankable resource. Our expectation is that holders of General Managers' Certificates will have employment within the industry as well as the full support of an employer who is prepared to trust the applicant with the running of the employer's premises". Gayle Evelyn Harris LLA PH 173/2007.

[4] There has been no appearance this morning and as has previously been indicated the applicant is no longer interested in pursuing the application. In all the circumstances the application is now refused.

DATED at WELLINGTON this 11TH day of June 2009

K Thompson
Secretary

Katrina Frost.doc(aw)