Philson [2011] NZLLA 1402 (22 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1402

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GARETH RODERICK DUNCAN PHILSON 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 15 November 2011

APPEARANCES

Mr G R D Philson – applicant
Sergeant C D Lally – NZ Police – in opposition
Miss M J McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Gareth Roderick Duncan Philson for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency in February 2011. It was supported with a copy of the required Licence Controller Qualification issued on 2 March 2011.

[2] The application attracted opposition from the Police due to the fact that Mr Philson was not working on licensed premises. There was also a question as to his experience.

[3] Mr Philson appeared at the hearing and explained that while he was a teacher working for “Sport Waitakere” 30 hours a week, he was also employed by New Zealand Sponsorship Agency which runs a range of events. It was in this role assisting with events and promotions that Mr Philson was seeking a General Manager's Certificate.

[4] Our main concern in respect of Mr Philson’s application is that he has little or no experience in the hospitality industry. In terms of s.121(1)(c) of the Act we are concerned that Mr Philson does not have recent experience in controlling any premises or conveyance in respect of which a licence is in force. We have explained to Mr Philson that he will need to obtain some experience before a General Manager's Certificate could be issued to him.

[5] The application is accordingly refused.

DATED at WELLINGTON this 22nd day of November 2011

B M Holmes
Secretary

Gareth Philson.doc(aw)