Eyles [2011] NZLLA 798 (29 July 2011)

Last Updated: 31 August 2011

[2011] NZLLA 798

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JENA ASHLEY EYLES 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: Ms J D Moorhead

FINAL DECISION

In decision [2010] NZLLA PH 1121, following a public hearing at Gisborne on 21 September 2010, we adjourned an application by Jena Ashley Eyles for a General Manager’s Certificate.

The Police and District Licensing Agency Inspector had opposed the application because Miss Eyles was deemed to be unsuitable to hold a certificate owing to lack of experience and the fact that she had sold liquor to a minor. The applicant’s case was not assisted by the fact that she had failed to provide evidence of having achieved the Licence Controller Qualification prescribed by s.117A of the Act.

We adjourned the matter to allow for the applicant to be interviewed by the Inspector and to produce a copy of the requisite qualification.

The Inspector had some difficulty contacting the applicant and, despite a belated assurance that she would attend an interview and provide a copy of her qualification neither of these promises has eventuated.

In the circumstances we take the inference that the application is no longer to be pursued. We are unable to be satisfied as to the matters to which we must have regard in s.121(1) of the Act. Accordingly the application is refused.

DATED at WELLINGTON this 29th day of July 2011

M Langworthy
Deputy Secretary

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