Jing, re [2004] NZLLA 219 (1 April 2004)

Last Updated: 1 March 2010

Decision No. PH 219/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HAI YING JING 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 INVERCARGILL on 25 March 2004

APPEARANCES

No appearance by or on behalf of applicant
Ms D M McDonald - Invercargill District Licensing Agency Inspector - in opposition
Sergeant I C Temple - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Hai Ying Jing pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard is set out in s.121 of the Act which is:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] At the time of his application Mr Jing was the proprietor of “Gerrards Hotel”. He had also leased the restaurant of those premises.

[3] The Police and the Inspector advised that both the hotel and the restaurant have now been sold. The Inspector reported that Mr Jing had no convictions and no experience in the liquor industry despite being the proprietor of “Gerrards Hotel”.

[4] Today the Police have advised that Mr Jing has never attended a Sale of Liquor Act course, he has little grasp of the English language, and it has been very hard to communicate with him.

[5] To assist Mr Jing, the Police investigated how he could obtain adequate training. Mr Jing has not taken advantage of that opportunity.

[6] Mr Jing has not appeared today and it would appear by his absence that he no longer wishes to pursue his application.

[7] In all the circumstances Mr Jing’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 1st day of April 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Hai Ying Jing.doc(afw)