Kim [2004] NZLLA 857 (3 December 2004)

Last Updated: 24 January 2012

Decision No. PH 857/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SEONG WOOK KIM 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 26 November 2004

APPEARANCES

Mr S W Kim – applicant
Ms M J McLeod – Auckland District Licensing Agency Inspector – in opposition
Mr R G Poole – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Seong Wook Kim for a General Manager’s Certificate. The relevant criteria to be taken into account by the Authority, pursuant to s.121 of the Act, are Mr Kim’s character and reputation, and the convictions recorded against him.

[2] Mr Kim has completed a course of training with Hospitality Management Consultants Limited. He has been working for over 12 months in off-licence premises in Ponsonby known as “Richmond Road Liquor”. These premises are owned and operated by Mr Kim’s father, and Mr Kim’s father has written requesting that his son become a full-time manager in the shop. Both he and the referees have indicated that Mr Kim Junior, is honest and has good rapport with public and customers.

[3] The application drew an adverse report from the Police because of previous convictions, and other matters relating to Mr Kim. The evidence presented shows that Mr Kim was in Dunedin last year when he was granted diversion in respect of a charge of disorderly behaviour. Mr Kim has indicated in a statement to the Police, that the matter arose from a time when he had been drinking and he went to his ex-girlfriend’s place to recover some property. On 28 April 2003, Mr Kim was apprehended for driving after drinking. A subsequent blood test revealed a level of 215 milligrams of alcohol per 100 millilitre of blood. This is an exceedingly high level, and would appear to indicate a problem with the use or abuse of liquor. This matter occurred only 18 months ago. Mr Kim was eventually dealt with by the District Court in Dunedin and fined and disqualified.

[4] Within three months of that conviction, Mr Kim was apprehended for driving while disqualified, and on 16 September last year, he was again fined and disqualified in respect of that charge.

[5] The evidence is that on 4 November last, Mr Kim Senior, rang the Police. His son had arrived home late. His son had apparently been drinking, but according to Mr Kim, Junior, not to excess. As a consequence of the arrival of the Police, both the son and his mother were arrested for obstruction or hindering the Police. The charge is due to go to a status hearing in January next year. The charge against Mrs Kim has been dropped. No other details are known.

[6] Mr Seong Wook Kim is a student. He is studying at the University. It would seem to us that any General Manager’s Certificate would be used on a part-time basis in the family business.

[7] In those circumstances, we are prepared to grant Mr Kim an indulgence, but that will be tempered with what happens between now and the end of the adjournment period. We have decided to adjourn these proceedings for a period of nine months. During that time, it is anticipated that the obstructive charges will be dealt with. The Police will decide whether they still wish to continue with the objection if he is found guilty. In that case, a further public hearing will be necessary.

[8] During the next nine months, it may be that Mr Kim can be appointed from time to time as a temporary manager of the family business provided the requirements of s.128 of the Act have been met. We would expect the Inspector to obtain from Mr Kim an undertaking that if granted a General Manager’s Certificate, it will be used only at the family business, although an exemption could be granted for any other off-licence premises by the Inspector or by this Authority. Clearly that form of restriction cannot last forever, but it would be our view that in these initial probationary stages in Mr Kim’s career, such measures would, at least, ensure that the responsibilities which a general manager carries, will be acquired in a gradual way.

[9] It may be that over the next nine months Mr Kim will review his own situation regarding liquor abuse. There is no question that if he was able to obtain a formal certificate from the Community Alcohol and Drug Agency Service, to the effect that he had no issue with the abuse of liquor, this would, no doubt, assist his application. All these matters will be reviewed at the expiry of nine months.

[10] If at that time, both reporting agencies indicate they have no further issue with Mr Kim’s suitability to be the holder of a General Manager’s Certificate, we propose to grant the application on the papers.

DATED at WELLINGTON this 3rd day of December 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

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