Lee [2003] NZLLA 664 (17 September 2003)

Last Updated: 31 January 2012

Decision No. PH 664/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of a rehearing of an application by HAE SONG LEE 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 D G Scott - agent for applicant
Mr G S Whittle - Auckland District Licensing Agency Inspector - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is the rehearing of an application by Hey Song Lee for a General Manager’s Certificate. The application was first heard on 16 July last, but due to a misunderstanding Mr Lee was not present.

[2] His application initially attracted an adverse report from the District Licensing Agency Inspector. The report followed an interview which had been conducted in February of this year. The Inspector took the view that Mr Lee had failed to display a good knowledge of his legal responsibilities under the Act due to his inability to communicate in his second language.

[3] At the second hearing before the Authority, Mr Lee gave evidence. He explained that he was born in South Korea and that for over 10 years he operated a karaoke bar in Korea. After moving to Australia, he settled in New Zealand approximately three years ago. Mr Lee has purchased licensed premises known as “Beach Bar and Café”, and more recently he purchased a second premises known as “Mad Dogs and Englishmen”.

[4] Mr Lee was asked a variety of questions relating to his knowledge of the Act and he answered the questions in a satisfactory way. It seems that there has been considerable development in his understanding of the English language since he was first interviewed seven months ago.

[5] On the basis of his answers to the questions, and the fact that he has completed a course of training, and produced a number of references, the Inspector withdrew his opposition to the grant of a certificate. This was partly due to an undertaking given by Mr Lee that if granted a General Manager’s Certificate, he would only use it for the two premises, that is “Beach Bar and Café” and “ Mad Dogs and Englishmen”, without first obtaining the consent of the Inspector or this Authority.

[6] In those circumstances, we have now no hesitation in granting the application.

DATED at WELLINGTON this 17th day of September 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

H S Lee.doc(afw)