Palmer [2009] NZLLA 761 (17 July 2009)

Last Updated: 22 January 2012

Decision No. PH 761/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ALAN LESLIE PALMER pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 25 June 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr J P Sheehan - Waitakere District Licensing Agency Inspector- in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is the resumption of a hearing of an application by Alan Leslie Palmer for a General Manager’s Certificate. The application was originally filed with the Waitakere District Licensing Agency on 15 November 2007.

[2] The matter was originally opposed by the Police who questioned the applicant’s character and reputation when he failed to disclose some historical convictions. As it transpired those matters were effectively eliminated under the Criminal Records (Clean Slate) Act 2004.

[3] The application was also opposed by the District Licensing Agency Inspector as Mr Palmer did not have current employment within the hospitality industry and did not have any recent experience.

[4] The matter came before the Authority at a public hearing on 14 February 2008 and was dealt with by way of decision LLA PH 258/2008.

[5] Mr Palmer indicated at the time that he was keen to obtain a responsible position in the industry. The matter was adjourned for a period of six months. We stated in our earlier decision that a further public hearing would be scheduled and that at the public hearing we would require to see Mr Palmer again as well as any employer who had not only employed him over the previous six months but had trained him on the job as well.

[6] It is recorded in our earlier decision that it is only after we had proof of such experience that we would be in a position to grant the application. The matter was subsequently set down for a further hearing on Tuesday 25 November 2008. However, on that day a facsimile was received from Mr Palmer advising that due to unforeseen circumstances he was unable to attend the hearing that day and asked for the matter to be adjourned to the next hearing. We note that that facsimile was received approximately half an hour before the hearing was to commence.

[7] The matter was accordingly adjourned and a further hearing scheduled for Thursday 25 June 2009. However, when the matter was called there was no appearance by Mr Palmer. We therefore draw the logical inference that Mr Palmer is no longer interested in pursuing his application. Nor can we be satisfied as to the matters set out in section 121 of the Act. Accordingly the application is now declined.

Addendum

[8] Subsequent to the delivery of this decision the Authority’s secretariat received a facsimile from Mr Palmer stating that he could not attend and asking for a further adjournment. The application had been adjourned on two prior occasions and we have now dealt with the matter. We confirm that our decision set out above stands. Mr Palmer is of course not prevented from making a further application for a General Manager’s Certificate at some time in the future should he wish to do so.

DATED at WELLINGTON this 17th day of July 2009

B M Holmes
Deputy Secretary

Alan Palmer.doc(aw)