Lee [2005] NZLLA 732 (27 October 2005)

Last Updated: 22 January 2012

Decision No. PH 732/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MI YANG 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 11 October 2005

APPEARANCES

Ms M I Lee - applicant
Mr E K Dyssel - North Shore District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Mi Yang Lee for a General Manager’s Certificate. The application is reasonably historical in that it was filed on or about 14 July 2004. At that time Ms Lee stated that she intended to use the manager’s certificate at the “Take Japanese Café” which was situated in Birkenhead.

[2] The applicant was able to produce a certificate that she had attended and completed a course under the Sale of Liquor Act with Liquor Licensing Consultants Limited. It appears that she completed the course by way of an ‘open book’ test. We mention this because it is clear that Ms Lee’s knowledge and understanding of the English language is not great.

[3] Ms Lee is reasonably mature. She came to New Zealand approximately five years ago. Over a year ago she became the operator of the Japanese café but when her application for a General Manager’s Certificate was opposed, she ceased acting as a temporary manager.

[4] The application drew an adverse report from the District Licensing Agency Inspector. The North Shore District Licensing Agency requires all applicants for a General Manager’s Certificate to attend a short course followed by a written assessment. This is conducted on a ‘closed book’ basis in order to establish the applicant’s knowledge of the Act.

[5] The applicant attended an assessment on 11 August 2004 which she failed. She was written to and told that she was required to attend a further interview, but at that stage her agent contacted the Agency, and asked that the interview be postponed because Ms Lee was not fluent in English. A subsequent interview was set down for May 2005. It appears that communication then broke down between the Agency and the applicant, and there has been no further contact until the applicant appeared at the hearing.

[6] The applicant’s knowledge of English is still not great. She was required to use the services of an interpreter. On the other hand she was able to make herself understood in a basic way. She indicated that she intended to complete a course of study of the English language commencing in January or February 2006. She also advised that she was prepared to complete an interview and a further assessment with the Agency. She would have preferred to have completed the course prior to the assessment taking place. She estimates that the English language course will take about 12 months.

[7] Ms Lee stated that she is in a much better position to complete the proposed course now that their children are at school. Although this matter has been sitting on the Agency books for some time, we propose to offer a final adjournment to enable Ms Lee to satisfy the Agency that she can speak and understand English sufficient to pass the interview and written assessment.

[8] In previous decisions, we have stated that if persons in a managerial capacity cannot speak or comprehend English, then they are not going to be in a position to converse with Inspectors, or other enforcement agencies, or indeed customers. They will be unable to show that they have any knowledge of the Act and its requirements, and therefore they cannot be considered as suitable to operate licensed premises on their own.

[9] Over the next nine months we hope that Ms Lee will continue to work in the café under the guidance of the holder of a General Manager’s Certificate. If she is able to pass her written assessment with the Agency within the next nine months, then we are prepared to grant the application on the papers. If on the other hand there is no further contact between herself and the Agency, the application will have to be declined. If necessary we will schedule a further public hearing.

[10] In the meantime the application is adjourned on the terms stated.

DATED at WELLINGTON this 27th day of October 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Mi Yang Lee.doc(aw)