Carmine [2010] NZLLA 175 (15 March 2010)

Last Updated: 1 April 2010

Decision No.PH 175/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JESSICA ANNE CARMINE 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 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] This is an application by Jessica Anne Carmine for a General Manager's Certificate. The application was received by the Auckland District Licensing Agency on 22 May 2009. It was accompanied by a copy of the Licence Controller Qualification dated 14 May 2009, together with supporting references.
[2] Ms Carmine displayed a satisfactory knowledge of her legal responsibilities at an interview with a District Licensing Agency Inspector on 31 August 2009. The application however, attracted opposition from the Police due to a lack of experience. At the time the application was made Ms Carmine had been employed with the “Finnegan’s Irish Bar” in Royal Oak for three months.
[3] We also note that on the application form, where asked whether she had any experience in managing licensed premises, Ms Carmine selected the answer ‘no’.
[4] The matter was set down for a public hearing but there was no appearance at that hearing by the applicant.
[5] Accordingly, we are unable to be satisfied as to the matters set out in s.121 of the Act. We also make the reasonable assumption that she is no longer interested in pursuing the application, which is now refused.

DATED at WELLINGTON this 15TH day of March 2010

B M Holmes
Deputy Secretary Jessica Carmine.doc(aw)