Tuen Muk [2003] NZLLA 662 (17 September 2003)

Last Updated: 31 January 2012

Decision No. PH 662/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HING WANG TUEN MUK pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 10 September 2003

APPEARANCES

Mr H W Tuen Muk - applicant
Mr A J McMath - North Shore District Licensing Agency Inspector - in opposition
Constable A B Cruickshank - NZ Police - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Hing Wang Tuen Muk for a General Manager’s Certificate. Mr Tuen Muk fulfilled the majority of the criteria which are set out in s.121 of the Act and to which this Authority must have regard in considering such an application.

[2] Mr Tuen Muk produced a character reference with his application, together with a certificate that he had completed a course of training with Tachelle Consulting Services.

[3] He was advised when he made his application, that he would need experience, in particular recent experience, in the conduct of licensed premises. Accordingly he worked for approximately two months at a friend’s off-licence in Auckland City. He has produced no confirmation that he had carried out this work experience. We understand that he was not paid for the work he did, and the issue of experience therefore remains a matter of some concern.

[4] The real reason that Mr Tuen Muk applied for a General Manager’s Certificate was to enable him to purchase a licensed restaurant in the North Shore. Although an agreement was signed it could not be completed. Mr Tuen Muk is still looking for similar premises because that is his wife’s dream. Mr Tuen Muk is currently working as a real estate agent.

[5] We have stated previously that we are not prepared to grant certificates so that they may be used as a bankable resource or to become part of a person’s CV. In other words there needs to be a strong probability that the certificate if granted will be used to run a licensed premises.

[6] Mr Tuen Muk has said that he is still actively looking for a licensed restaurant or café. He hopes to have completed that goal within the next six months. Our intention is therefore to adjourn these proceedings for that period of time.

[7] If Mr Tuen Muk can satisfy the Inspector that he does have licensed premises in which to use the certificate, and if he is able to achieve some experience in the conduct of the type of licensed premises that he intends to operate, (or alternatively can produce confirmation that he has had training in licensed premises under a person holding a certificate), then it may well be that the application can be granted on the papers.

[8] If Mr Tuen Muk is not able to satisfy the Inspector that he has relevant experience, or that he has licensed premises to use for his certificate, then the matter may have to be set down for a further public hearing.

[9] In the meantime the application is adjourned for six months.

DATED at WELLINGTON this 17th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Hing Wang Muk.doc(afw)