Barker [2010] NZLLA 916 (26 August 2010)

Last Updated: 3 September 2010

[2010] NZLLA PH 916

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SAMANTHA RACHELE BARKER 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 11 August 2010

APPEARANCES

Miss S R Barker - applicant
Mr G S Whittle - NZ Police - in opposition
Mr A C Phillips - Auckland District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Samantha Rachelle Barker for a General Manager's Certificate pursuant to s.118 of the Act. The application was filed with the Auckland District Licensing Agency on 1 March 2010.

[2] The application attracted opposition from the Police and the District Licensing Agency Inspector due firstly to the fact that the applicant had not provided evidence of having obtained the Licence Controller Qualification and secondly that she was not working on licensed premises. While an on-licence application had been made for the premises that were her place of employment at the time, it was opposed by the Police.

[3] Miss Barker has appeared at the hearing and has now provided a copy of her Licence Controller Qualification. The only issue remaining is that of her employment. We understand that she is currently working as a sales assistant but is seeking work on licensed premises.

[4] With the agreement of the Agencies the matter will be adjourned for a period of three months, during which time Miss Barker is to provide a reference from an employer confirming that she is working in the industry. If she is able to do so, the Police and the Inspector have indicated that they would withdraw their opposition to the application and it could therefore be granted on the papers. If however, she is not able to do so, the application will be declined.

DATED at WELLINGTON this 26TH day of August 2010

B M Holmes
Secretary

Samantha Barker.doc(aw)