Samoa [2010] NZLLA 555 (13 May 2010)

Last Updated: 20 May 2010

[2010] NZLLA PH 555

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at WELLINGTON on 28 April 2010

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze - Wellington District Licensing Agency Inspector - in opposition
Sergeant J R Thurston - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Francis Samoa for a General Manager's Certificate received at the Wellington District Licensing Agency on 28 August 2009. The application was supported with a copy of the required Licence Controller Qualification.

[2] The application attracted opposition from both the Police and the District Licensing Agency Inspector on the basis that Mr Samoa had failed to disclose previous convictions. There is also a question as to whether Mr Samoa is currently employed in the industry in a capacity that would require a General Manager's Certificate.

[3] In any event there was no appearance by Mr Samoa at a public hearing before the Authority. We draw the reasonable conclusion that he is no longer interested in pursuing his application. Nor can we be satisfied as to the matters set out in s.121 of the Act.

[4] The application is accordingly refused.

DATED at WELLINGTON this 13TH day of May 2010

B M Holmes
Deputy Secretary Francis Samoa.doc(aw)