Kim, re [2007] NZLLA 272 (30 March 2007)

Last Updated: 9 March 2010

Decision No. PH 272/2007

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: Ms P A Ballard

HEARING at AUCKLAND on 14 March 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition
Senior Constable J P Loye – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Seong Wook Kim for a General Manager’s Certificate.

[2] This is effectively the third time that Mr Kim has appeared before the Authority seeking such a certificate.

[3] The first appearance was on 26 November 2004. His application for a General Manager’s Certificate drew an adverse report based on a number of incidents involving liquor abuse. Those incidents related to the fact that Mr Kim had been granted diversion in respect of a charge of disorderly behaviour.

[4] There was also an incident in 2003 when Mr Kim was apprehended for driving with excess blood alcohol content. There was a charge of driving while disqualified in September 2004 and finally there was an incident involving Police obstruction.

[5] We granted Mr Kim an indulgence and adjourned the application for a period of nine months. After nine months had elapsed there were no further incidents and Mr Kim was granted a General Manager’s Certificate on 30 August 2005. Mr Kim failed to renew the certificate and was accordingly required to file a fresh application. We understand that although he is a student he has worked from time to time at an off-licensed premises which are operated by Mr Kim’s parents. Mr Kim is the holder of a Licence Controller Qualification.

[6] The application drew a further adverse report because of more recent incidents involving liquor abuse. The first of these incidents occurred on 19 September 2005 which was shortly after his first certificate had been granted. Mr Kim was at the “Sky City Casino” in an intoxicated state. He was requested to leave but refused to do so. He was then handed a trespass notice when the Police were called but again declined to leave and was subsequently arrested. Mr Kim eventually came before the Court on that matter. Having pleaded guilty he was discharged without conviction.

[7] On 26 May 2006 Mr Kim was seen to be acting in a strange way. He showed signs of being intoxicated and was seen to be hitting and kicking vehicles on the street. He was arrested for disorderly behaviour. In explanation he said he was drunk and that he was sorry for his behaviour. There was no damage to the vehicles although a number of residents were woken.

[8] Mr Kim came before the Court on the same day that the Court heard the charge of trespass. In the light of his guilty plea to the trespass charge the charge of disorderly behaviour was withdrawn by the Police.

[9] These are incidents which relate to Mr Kim’s character and reputation. This is but one of the criteria set out in s.121 of the Act. Had Mr Kim appeared then there is a possibility that we may have been prepared to adjourn the matter again subject to certain pre-conditions including an undertaking that the certificate would be used only at the licensed premises operated by his parents.

[10] Mr Kim has failed to appear for reasons which are unclear. In those circumstances and in the light of the evidence received, we are not prepared to grant the application and it will be refused.

DATED at WELLINGTON this 30th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

swkim.doc (md)