Lovatt v Kennard [2011] NZLLA 872 (11 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA PH 872-873

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RENEE ANN KENNARD pursuant to s.123 of the Act for renewal of a General Manager's Certificate

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number 029/GM/085/2009 issued to RENEE ANN KENNARD

BETWEEN JOHN HENRY LOVATT

(Hastings District Licensing Agency Inspector)

Applicant

AND RENEE ANN KENNARD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at NAPIER on 3 August 2011

APPEARANCES

Mr J H Lovatt – Hastings District Licensing Agency Inspector – applicant and in opposition to application for renewal of General Manager's Certificate
No appearance by or on behalf of respondent and applicant for renewal of General Manager's Certificate

DECISION OF THE AUTHORITY

[1] When these two applications were called on 3 August 2011 there was no appearance by Ms Kennard. A member of the Authority’s secretariat had telephoned her and ascertained that she did not intend to appear as she was presently in Hamilton. She stated that she had left Napier due to domestic circumstances. She indicated that she was no longer employed in the industry.

[2] As Ms Kennard is no longer employed in the industry she does not need a General Manager's Certificate. It is the policy of the Authority not to issue General Managers' Certificates or to renew General Managers' Certificates where the applicant is not working in the industry.

[3] Accordingly, the application for the renewal of the General Manager's Certificate is refused.

[4] In these circumstances the Inspector decided to ask for leave to withdraw the application made under s.135 of the Act. That application is withdrawn accordingly.

DATED at WELLINGTON this11TH day of August 2011

B M Holmes
Secretary

Renee Kennard.doc(aw)