Huff [2011] NZLLA 1406 (23 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1406

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DAVID BENJAMIN HUFF 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 D B Huff – applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition
Sergeant J P Loye – NZ Police – to assist

DECISION OF THE AUTHORITY

[1] This is an application by David Benjamin Huff for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency on 28 October 2010. A copy of the required Licence Controller Qualification was provided issued on 19 January 2011.

[2] The application attracted opposition from an Auckland District Licensing Agency Inspector due to the fact that Mr Huff was present in New Zealand on a working holiday visa.

[3] Mr Huff appeared at the hearing and advised that while he had been working at “Chapel Bar and Bistro” at the time he made the application, he is now working at the “Brewery” in the Britomart. He has been working there since it opened a few weeks ago, and is currently a temporary manager there.

[4] In regard to the situation with his visa, Mr Huff advised that he had applied for a work visa on 3 November 2011 but that he had not yet received confirmation that a visa had been granted. His current visa expires on 27 November 2011.

[5] Mr Huff has worked extensively in the hospitality industry in several places around the world but mainly in London. He has been working in the hospitality industry in New Zealand for the last year.

[6] In the main we are satisfied that Mr Huff meets the criteria set out in s.121(1) of the Act. There are however, two matters that need to be dealt with before Mr Huff can be issued a General Manager's Certificate.

[7] Firstly, he will need to provide a reference from his current employer confirming that they wish him to obtain the General Manager's Certificate and secondly he will of course need to obtain a work visa.

[8] Both of these documents need to be provided to the District Licensing Agency Inspector. If the Inspector is then satisfied and the opposition is withdrawn, we see no reason why the application could not be granted on the papers.

[9] If however, there are any further issues then there may need to be a further hearing or the application declined.

[10] The application is adjourned for a maximum period of six months.

DATED at WELLINGTON this 23rd day of November 2011

B M Holmes
Secretary

David Huff.doc(aw)