Adisurya [2003] NZLLA 663 (17 September 2003)

Last Updated: 31 January 2012

Decision No. PH 663/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BURHAN ADISURYA 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 W R Ah Chan - for 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 Burhan Adisurya for a General Manager’s Certificate. Mr Adisurya fulfils the majority, if not all, the criteria to which this Authority must have regard. These criteria are listed in s.121 of the Act.

[2] Mr Adisurya was born in Indonesia, and has a residential visa in New Zealand. Late last year he and his wife took over the “Tofu Shop” which is situated in Turn Crescent in Northcote. We understand that the premises is an Asian superette selling predominantly Asian food, as well as liquor.

[3] The off-license is currently being operated under a temporary authority, and may be one of several which are due for hearing by the Authority later in the year. When Mr Adisurya was interviewed by the Inspector, he was not able to show that he had previous experience managing licensed premises.

[4] Since taking over the business however, he has worked in the shop under the holder of a certificate. It was because of the lack of experience, and perhaps the concern by the Inspector that Mr Adisurya had only gained his experience in off-licensed premises that an adverse report was filed.

[5] The matter was accordingly set down for a public hearing. During the course of the hearing Mr Adisurya indicated that he had been working for almost 12 months in the business. In those circumstances the Inspector withdrew his opposition, although that was also based on an undertaking given by Mr Adisurya that he would only use his manager’s certificate to operate an off-licence. If he required to use a manager’s certificate for an on-licensed premises, then there would be a further interview with the Inspector.

[6] In other words the undertaking was that the manager’s certificate if granted would only be used in off-licensed premises unless otherwise approved by the Inspector or by this Authority. Mr Chan, representing the applicant, agreed with this proposal. In those circumstances, there is no other impediment for the grant of a manager’s certificate.

[7] We accept that the application has to some extent been overtaken by time, and in the circumstances the application will be granted.

DATED at WELLINGTON this 17th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Adisurya.doc(afw)