Fox and Stolzenburg and Nelson and Kelly and Chen and Yan [2009] NZLLA 934 (14 August 2009)

Last Updated: 26 January 2012

Decision No. PH 934/2009 – PH 939/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by STEPHANIE MELISSA FOX, JESSICA STOLZENBURG, KAREN JEAN NELSON, SIMON ELLIOT KELLY, XUAN CHEN and JIYU YAN pursuant to s.118 of the Act for General Managers’ Certificates

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 applicants
Mr D Thomson – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are six applications for General Managers’ Certificates. All of the matters have come before the Authority as the result of opposition by Auckland District Licensing Agency Inspectors on the grounds that none of the applications have been supported by evidence of having obtained the Licence Controller Qualification.

[2] As a matter of law pursuant to s.117A of the Act, the Authority or District Licensing Agency must not issue or renew a General Manager’s Certificate on or after the commencement of that section unless the manager holds the prescribed qualification.

[3] There has also been no appearance by any of the applicants today and as such we make the reasonable assumption that they are not interested in pursuing their applications. Nor can we be satisfied as to requirements set out in s.121 of the Act.

[4] Accordingly and as a matter of law all of the applications are refused.

DATED at WELLINGTON this 14th day of August 2009

B M Holmes
Deputy Secretary

Stephanie Fox and Ors.doc(aw)