Schuster [2012] NZLLA 611 (31 May 2012)

Last Updated: 10 July 2012

[2011] NZLLA 611

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CLIFFORD HUAKI SCHUSTER 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 [2011] NZLLA PH 1205, following a public hearing at Taumarunui on 14 October 2011, we adjourned an application by Clifford Huaki Schuster for a General Manager’s Certificate for six months.

The Police had opposed the application on the basis of a number of convictions incurred by Mr Schuster, the most recent being in 2007.

As a counter to those concerns Mr Schuster had the support of his employer, he had obtained the Licence Controller Qualification prescribed by s.117A of the Act, and he demonstrated a satisfactory knowledge and understanding of the obligations of a manager of licensed premises. Accordingly we adopted our generally accepted approach of requiring a five year ‘stand-down’ period free of any further offending.

The Police have advised our Secretary that there have been no further matters of concern brought to their attention during the period of adjournment, and opposition to the application is now withdrawn.

We are satisfied as to the matters to which we must have regard in s.121(1) of the Act and we grant the application. The certificate may issue immediately.

DATED at WELLINGTON this 31st day of May 2012

B M Holmes
Secretary

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