Vaessen [2011] NZLLA 146 (9 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 146

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GUSTI VAESSEN 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 February 2011

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – NZ Police – in opposition
Ms A L Marsh – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by Gusti Vaessen pursuant to s.118 of the Act for a General Manager's Certificate. The application was received at the Auckland District Licensing Agency on 30 August 2010. At that point in time Mr Vaessen wished to utilise the certificate if granted at the “Barona Cafe” in Karangahape Road. The application was accompanied by a copy of the required Licence Controller Qualification and a reference.

[2] The Police opposed the application due to previous convictions which had been disclosed on the application form. The most recent conviction was entered on 28 April 2010 for an offence which took place on 16 August 2009 of common assault.

[3] There has been no appearance by the applicant and both Mr Whittle for the Police and Ms Marsh the Auckland District Licensing Agency Inspector said that they had tried to contact him to no avail. In the circumstances we are unable to be satisfied as to the criteria set out in s.121 of the Act. We also make the reasonable assumption from his non-appearance that Mr Vaessen is no longer interested in pursuing the application.

[4] The application is declined.

DATED at WELLINGTON this 9TH day of March 2011

B M Holmes
Secretary Gusti Vaessen.doc(aw)