Sangkhamanee [2009] NZLLA 908 (13 August 2009)

Last Updated: 25 January 2012

Decision No. PH 908/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TUNWA SANGKHAMANEE 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 28 July 2009

APPEARANCES

No appearance by or on behalf of applicant
Mr A C Phillips – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Tunwa Sangkhamanee pursuant to s.118 of the Act for a General Manager’s Certificate. The application was filed with the Auckland District Licensing Agency on 3 February 2009.

[2] The criteria to which we must have regard in considering the application are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] The applicant is the holder of the Licence Controller Qualification, which was issued on 24 February 2009.

[4] In the main the applicant fulfils the criteria but a report was received from the District Licensing Agency Inspector indicating that the applicant had been interviewed on two occasions to ascertain his knowledge of the Act. At both interviews he displayed an unsatisfactory knowledge of his legal requirements. The applicant also displayed a lack of confidence and was assessed by the Inspector as not being suitable to hold a manager’s certificate at this stage.

[5] In any event there was no appearance by the applicant before the Authority. Under the circumstances we are unable to grant the application and it is now refused.

DATED at WELLINGTON this 13th day of August 2009

B M Holmes
Deputy Secretary

Tunwa Sangkhamanee.doc(aw)