Assuncao [2010] NZLLA 252 (23 March 2010)

Last Updated: 16 April 2010

Decision No. PH 252/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DANIEL CAUDURO ASSUNCAO 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 16 March 2010

APPEARANCES

Mr D C Assuncao – applicant
Mr D Thomson – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for a General Manager’s Certificate by Daniel Cauduro Assuncao. The application was filed with the Auckland District Licensing Agency on 23 July 2009.

[2] The applicant was interviewed by a District Licensing Agency Inspector on 31 August 2009 and displayed a satisfactory knowledge of his legal responsibilities. There was no Police opposition to the application.

[3] At that point in time Mr Assuncao was employed with “Gee Gee’s Bar and Brasserie”, in Manukau Road, Epsom where we understand he worked for two years. He is also the holder of the Licence Controller Qualification.

[4] The issue that resulted in opposition from the District Licensing Agency Inspector, was that the applicant’s work visa expired on 6 August 2009 and no copy of an extended work visa was presented to the District Licensing Agency. Accordingly the matter was set down to be determined by the Authority at a public hearing. Mr Assuncao appeared and we were advised that he still has not received that extended work visa.

[5] We are prepared to adjourn his application for a period of three months in order for him to follow up on the visa application. However, as Mr Assuncao has been advised, this matter cannot continue indefinitely. The application will need to be determined.

[6] If Mr Assuncao is able to provide a copy of a work visa and confirmation of his continued employment to the District Licensing Agency Inspector, the certificate may be issued on the papers. If however, nothing is heard within the adjourned period then there may have to be a further hearing or the application will be declined.

[7] The application is adjourned accordingly.

DATED at WELLINGTON this 23RD day of March 2010

B M Holmes
Deputy Secretary

Daniel Assuncao.doc(jeh)