Diamond [2010] NZLLA 1271 (29 October 2010)

Last Updated: 12 November 2010

[2010] NZLLA PH 1271

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUZANNE ELIZABETH DIAMOND pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at QUEENSTOWN on 21 October 2010

APPEARANCES

Ms S E Diamond – applicant
Ms M R Fitzgerald – Queenstown Lakes District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This decision relates to an application for a General Manager's Certificate. The application was opposed by the Queenstown Lakes District Licensing Agency Inspector on the grounds set out in s.121(c) of the Act. While the applicant is an experienced airline pilot, a mother, and has extensive life experience, she has no history of working in the liquor industry.

[2] The applicant and her husband are shareholders in Pagan Vines Limited which owns a vineyard in the Gibbston Valley near Queenstown. The company now intends to sell wine from grapes grown in the vineyard but most of the sales will be through mail orders and on the internet. It is not intended to operate a shop at the vineyard or undertake cellar sales.

[3] The applicant’s husband does not have a General Manager's Certificate. The applicant and her husband jobshare with Air New Zealand. Most of the flying is done by the husband which means that the applicant is more involved in the operation of Pagan Vines Limited than he is.

[4] There is no intention on the part of the applicant to use a General Manager's Certificate other than for Pagan Vines Limited. Given the limited nature of the proposed method of disposing of the wine produced by Pagan Vines Limited, the lack of experience of the applicant is unlikely to pose a problem.

[5] Given the circumstances of this case, the applicant undertook to the Authority that she would not be engaged in the sale or supply of liquor except through internet sales and mail order sales without first getting the approval of the District Licensing Agency Inspector

[6] On the basis of this undertaking, the Authority is satisfied that the criteria referred to in s.121 of the Act are satisfied.

[7] Accordingly, the application is granted.

DATED at WELLINGTON this 29TH day of October 2010

B M Holmes
Secretary

Suzanne Diamond.doc(aw)