Mitchell [2010] NZLLA 588 (24 May 2010)

Last Updated: 3 June 2010

[2010] NZLLA 588

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TE ARIHI ANITA MITCHELL pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn

Ms J D Moorhead

FINAL DECISION

In decision [2010] NZLLA PH 183, following a public hearing at Auckland on 17 February 2010, we adjourned an application by Te Arihi Anita Mitchell for a General Manager’s Certificate for three months.

The District Licensing Agency Inspector had opposed the application on the basis of the applicant’s failure to provide appropriate Licence Controller Qualification evidence or to attend the required interview on three occasions. We decided to give the applicant “one final opportunity” to remedy this.

The Agency Inspector has advised our Secretary that as of 17 May 2010 the applicant has still not obtained the required qualification or attended the interview. At paragraph 6 of the judgment we warned the applicant that if this was the case her application would be declined.

We are not satisfied as to the matters to which we must have regard in s.121(1) of the Act and therefore decline the application.

DATED at WELLINGTON this 24th day of May 2010

______________
B M Holmes
Deputy Secretary

Te Arihi Mitchell.doc (OS)