Marshall [2011] NZLLA 44 (31 January 2011)

Last Updated: 11 February 2011

[2011] NZLLA PH 0044

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CRAIG JARED MARSHALL pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at INVERCARGILL on 24 January 2011

APPEARANCES

Mr P Gray – on behalf of applicant
Mr M J Sarfaiti – Southland District Licensing Agency Inspector – in opposition
Sergeant A J Harris – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Mr Marshall for a General Manager's Certificate. The application was opposed by both the Police and the Inspector. It was alleged that the applicant had a conviction which precluded the grant of the application. This was not proved because of the outcome of this application no evidence was adduced by either the Police or the Inspector. It was suggested that there might be other grounds to oppose the application but these were not detailed by either the Police or the Inspector. It is axiomatic that where applications such as this are opposed those grounds for opposition on which the opponents wish to rely need to be set out in the notice of opposition.

[2] After the parties had entered into negotiations, an application was made for the application to be adjourned for six months by consent.

[3] Accordingly, by consent the application is adjourned for six months. Provided the applicant is not involved in any additional disqualifying incidents between now and 25 July 2011 the application will be granted on the papers. However, if either of the opponents raise with the Authority further concerns then the application will be set down for a hearing.

DATED at WELLINGTON this 31ST day of January 2011

M Langworthy
Deputy Secretary

Craig Marshall.doc(aw)