Walker [2010] NZLLA 203 (18 March 2010)

Last Updated: 1 April 2010

Decision No. PH 203/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JONATHAN WILLIAM RUSSELL WALKER pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 10 March 2010

APPEARANCES

Mr J W R Walker - applicant
Sergeant J R Dalziell-Kernohan - NZ Police - in opposition
Mr T P Van Der Heijden - Hamilton District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Jonathan William Russell Walker has made an application pursuant to s.123 of the Act for the renewal of his General Manager's Certificate.
[2] The application has been opposed by the Police on two grounds. First there is a recent conviction for threatening behaviour, and second Mr Walker is not presently employed or working in the industry.
[3] It has been explained to Mr Walker that as he is not working in the industry he is unlikely to have his application for renewal granted. However, he is actively seeking employment in the industry.
[4] The Police have indicated that if Mr Walker commits no further offences within the next six months there will be no opposition to the current application. The Hamilton District Licensing Agency Inspector concurs.
[5] In these circumstances the Authority is prepared to adjourn the application for a period of six months. Provided Mr Walker commits no offences within that period and provided he has been in employment in the industry for most of that period (and this is confirmed to the Authority, preferably with a letter from his employer) then the Authority is prepared to grant the application on the papers in six months time.
[6] However, if there is opposition from either the Police or the District Licensing Agency Inspector during the next six months, or if Mr Walker is unable to satisfy the Authority as to his employment in the industry, then a further public hearing will be convened.

DATED at WELLINGTON this 18TH day of March 2010

B M Holmes
Deputy Secretary

Jonathan Walker.doc(aw)