The Van Tra [2010] NZLLA 174 (15 March 2010)

Last Updated: 1 April 2010

Decision No. PH 174/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by THE VAN TRA pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 18 February 2010

APPEARANCES

No appearance by or on behalf of applicant
Miss M J McLeod - Auckland District Licensing Agency Inspector - in opposition
Constable C D Lally - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the renewal of a General Manager's Certificate issued to The Van Tra. The certificate was first issued in 1996. The application for renewal was received by the Auckland District Licensing Agency on 2 April 2009. At that time Mr D G Scott was acting as agent for the applicant.
[2] Mr Scott has recently advised the Authority that he is no longer acting as he has been unable to locate Mr Van Tra. It is understood that the premises, that Mr Van Tra and his wife were operating in Otahuhu, are now under new ownership.
[3] The application for renewal was opposed by both the Auckland District Licensing Agency Inspector and the Police on the basis that Mr Van Tra is no longer working in the industry.
[4] Mr Van Tra has appeared in front of the Authority on two previous occasions both in a personal capacity in relation to his General Manager's Certificate where applications had been made for the suspension or cancellation of the certificate, together with applications for suspension or cancellation of the on-licence issued to the premises operated in Atkinson Avenue, Otahuhu.
[5] These decisions are set out in NZLLA PH 183-184/2001 and NZLLA PH 696-698/2008. All of the applications related to the premises operating in breach of the conditions of the licence.
[6] In the most recent decision, issued on 27 May 2008, the suspension applications were adjourned in order to provide an opportunity for the continued breach of the licence to be remedied. The continued breach of the licence was seen as reflecting upon Mr Van Tra’s suitability as a manager.
[7] It is understood that the Van Tras have walked away from the premises. It is the Authority’s policy that we do not issue or renew certificates in a vacuum, it is required that they be utilised within the industry. That clearly is not the case at present. Nor can we be satisfied as to the matters set out in s.126 of the Act.
[8] We have been advised that various agencies are currently trying to locate Mr Van Tra and it is not surprising that there was no appearance by him before the Authority. In the circumstances the application for renewal of the certificate is now refused.

DATED at WELLINGTON this 15TH day of March 2010

B M Holmes
Deputy Secretary

The Van Tra.doc(aw)