Rogers [2010] NZLLA 752 (14 July 2010)

Last Updated: 16 July 2010

[2010] NZLLA PH 752

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL AARON ROGERS pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 16 June 2010

APPEARANCES

No appearance by or on behalf of applicant
Ms M J McLeod - Auckland District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Michael Aaron Rogers for the renewal of a General Manager's Certificate. The certificate was first issued on 20 February 2009. The application for renewal was received at the Auckland District Licensing Agency on 22 January 2010, the certificate being due to expire on 20 February 2010.

[2] There has been no appearance by Mr Rogers in support of his application for renewal. We have been informed that Police checks with the Immigration Department have confirmed that Mr Rogers left New Zealand for the United States on 29 March 2010 and that he has not returned. He had been utilising his certificate at “Glengarry Wines” and that company in fact sought to withdraw the application on his behalf but of course are unable to do so.

[3] Given the circumstances we draw the reasonable conclusion that Mr Rogers no longer intends to renew his certificate and nor can we be satisfied as to the matters set out in s.126 of the Act.

[4] The application is accordingly refused.

DATED at WELLINGTON this 14TH day of July 2010

B M Holmes
Secretary

Michael Rogers.doc(aw)