Hyland [2012] NZLLA 843 (26 July 2012)

Last Updated: 21 August 2012

[2012] NZLLA PH 843

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by DILLON DAVID VALENTINE PATRICK HYLAND 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 17 July 2012

APPEARANCES

Mr D D V P Hyland – applicant
Sergeant J R Lewis – NZ Police – in opposition
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Dillon David Valentine Patrick Hyland pursuant to s.118 of the Act for a General Manager’s Certificate. The application was filed with the Wellington District Licensing Agency on 9 May 2012. It was supported with a copy of the required Licence Controller Qualification issued on 27 April 2012.

[2] The application attracted opposition from the District Licensing Agency Inspector and the Police mainly due to the young age of the applicant. Mr Hyland is 18 and will turn 19 on 15 November 2012. He gave his occupation on the application form as being a waiter and he is employed at “Zico Cucina and Bar” in Courtenay Place. He has worked there for approximately two and a half years and has been appointed as a temporary manager on occasion. He has a reference from his employer and his parish priest.

[3] The matters that we must consider are set out in s.121 of the Act. In the main Mr Hyland fulfils those criteria. The only matter at issue raised in the reports of the enforcement agencies pursuant to s.119 of the Act is his young age and consequently concern as to his suitability to be the holder of a General Manager's Certificate.

[4] Having heard from Mr Hyland we believe that he is on the right path to becoming a good manager of licensed premises. It is obvious that he has the support of his employer who runs a family owned Italian restaurant and bar. However, we feel that Mr Hyland would still benefit from obtaining further experience.

[5] The application is adjourned for six months. We will then ask for further reports from the enforcement agencies. If there are no issues then the application can be granted on the papers without the need for a further hearing. In the meantime we also note that we would have no objection to Mr Hyland being appointed as a temporary manager should the need arise provided the provisions of the Act are adhered to.

DATED at WELLINGTON this 26th day of July 2012

B M Holmes
Secretary

Dillon Hyland.doc(aw)