Whiteman [2011] NZLLA 147 (9 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 147

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATTHEW JOHN WHITEMAN 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 February 2011

APPEARANCES

No appearance by or on behalf of 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] Before the Authority is an application by Matthew John Whiteman for the renewal of a General Manager's Certificate. The certificate was issued on 20 August 2007 and was due to expire in August 2010. The application for renewal was made within time on 26 July 2010.

[2] On the application form Mr Whiteman detailed his current place of employment as being “overseas”. The application was opposed by the Police and the District Licensing Agency Inspector on the basis that Mr Whiteman had indicated he was not currently working on licensed premises in New Zealand.

[3] Mr Whiteman apparently departed New Zealand for Australia in March 2009 and is still currently overseas. The Authority has made it clear on previous occasions that it expects a General Manager’s Certificate to be a working document and that it will only be renewed in situations where the certificate is currently being utilised. The certificate is only valid in New Zealand. The Authority has also in previous decisions stated that the certificate should not be used merely to enhance a curriculum vitae.

[4] In the circumstances the application for renewal is declined. This need not preclude Mr Whiteman from making an application for a new General Manager's Certificate should he return to New Zealand and obtain employment on licensed premises.

DATED at WELLINGTON this 9TH day of March 2011

B M Holmes
Secretary

Matthew Whiteman.doc(aw)