To [2007] NZLLA 1040 (17 October 2007)

Last Updated: 27 January 2012

Decision No. PH 1040/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STEPHEN KA HANG TO pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at PAPAKURA on 1 October 2007

APPEARANCES

Mr S K H To – applicant
Mr P A Radich – Manukau District Licensing Agency Inspector – in opposition
Sergeant G J Campbell – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Stephen Ka Hang To for the renewal of his General Manager's Certificate.

[2] Mr To was first granted his certificate in 2004. The certificate fell due for renewal on 19 December last. When he filed his application Mr To said that he had work at "Good World Restaurant". This statement turned out not to be the case. That particular restaurant first received an on-licence in 2005 but did not trade. By consent, the business was given a one year renewal, but there has still been no sign of any trading.

[3] We understand that if the building was to be refitted and the business started, then Mr To might have licensed work available to him. He has explained that he is currently working in a bank.

[4] Mr To was written to on 17 January last, and told that he had two months in which to obtain his Licence Controller Qualification and send a copy to the Agency. This was not done. He was given a further extension on 21 June last and failed to file the document.

[5] The position is that the Act was amended on 1 April 2006 to provide that no certificate may be renewed unless the applicant is the holder of the Licence Controller Qualification.

[6] Mr To has appeared before us to retain his certificate if he can. In particular he wants to work on a part time basis at this restaurant. The business still holds an on-licence but has not traded.

[7] After considering the matter we will adjourn the application for three months. If during that time Mr To can show that he has the Licence Controller Qualification and he has part time work in the industry in a managerial capacity, and the support of an employer, then we may be prepared to deal with the matter favourably on the papers.

[8] On the other hand if Mr To is unable to achieve both of those objectives, then it is clear that the application has to be declined. The matter is up to him to see whether he can meet the criteria that we have laid down.

[9] The application is adjourned accordingly. This decision does not prevent Mr To making a fresh application for a General Manager's Certificate together with the Licence Controller Qualification at any time in the future should his circumstances change.

DATED at WELLINGTON this 17th day of October 2007

B M Holmes
Deputy Secretary

Stephen To.doc(aw)