Salim [2011] NZLLA 568 (22 June 2011)

Last Updated: 2 August 2011

[2011] NZLLA PH 568

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CAROLINE SALIM 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 WELLINGTON on 15 June 2011

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Caroline Salim pursuant to s.118 of the Act for a General Manager's Certificate. Ms Salim lodged her application with the Wellington District Licensing Agency on 13 April 2010. At that point in time she was working at the “Satay Kajang Restaurant”. At the time of her interview with a District Licensing Agency Inspector Ms Salim had however, left those premises and was seeking employment in the hospitality industry.

[2] The District Licensing Agency Inspector is well aware of the Authority’s attitude to applications where the applicant is not currently employed on licensed premises and accordingly recommended that the matter be determined the Authority.

[3] Ms Salim appeared at the hearing and advised that she had found employment at a satay noodle house. Although she is working in the industry, those premises do not currently hold a liquor licence. She also advised that she had only worked at the “Satay Kajang Restaurant” for a period of two months. In regard to her future career prospects she is currently undecided.

[4] Mr Richard Putze, a Wellington District Licensing Agency Inspector, referred us to a previous decision of the Authority, Shannon James Newdick NZLLA PH 77/2001 where it was said:

“We are not in the business of providing certificates for persons to have on their CV. For a person to achieve a manager’s certificate he must be employed in the industry and have a reference from his current employer.”

[5] We also commonly expect an applicant to have had at least six months’ experience before we would favourably consider an application for a General Manager's Certificate.

[6] In the circumstances we are unable to be satisfied as to the criteria set out in s.121 of the Act, both in terms of recent experience and the fact that the applicant is not currently employed on licensed premises as raised by the Inspector in his report.

[7] The application is refused.

DATED at WELLINGTON this 22ND day of June 2011

B M Holmes
Secretary

Caroline Salim.doc(aw)