Raj [2011] NZLLA 449 (26 May 2011)

Last Updated: 28 June 2011

[2011] NZLLA PH 449

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JACK SHARAD RAJ 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 18 May 2011

APPEARANCES

No appearance by or on behalf of applicant
Mr P A Radich – Auckland District Licensing Agency Inspector – in opposition
Constable T Kopyl – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Jack Sharad Raj pursuant to s.118 of the Act for a General Manager's Certificate. The application was filed with the District Licensing Agency on 23 June 2009. It was supported with a copy of the required Licence Controller Qualification.

[2] On the application form Mr Raj indicated that he did not have any experience in managing licensed premises and did not intend to be the manager of any particular licensed premises.

[3] Not surprisingly given these indications, the application attracted opposition from both the Police and the District Licensing Agency Inspector. The matter was accordingly set down to be determined at a public hearing.

[4] The Authority’s position that the certificate should be a working document for those employed in the industry is well known. The application appears to have been made through an agent. We therefore record our surprise that such an application should have been made.

[5] There was however, no appearance by Mr Raj at the hearing. Accordingly we take the view that we are unable to be satisfied as to the criteria set out in s.121 of the Act which includes recent experience. We also take the view that by his non appearance Mr Raj has shown that he is no longer interested in pursuing the application. In the circumstances the application is now refused.

DATED at WELLINGTON this 26TH day of May 2011

B M Holmes
Secretary

Jack Raj.doc(aw)