Jin, re [2007] NZLLA 767 (20 August 2007)

Last Updated: 1 February 2010

Decision No.PH 767/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JUN JIN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 18 July 2007

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] We have before us an application by Jun Jin for a General Manager's Certificate.

[2] The District Licensing Agency Inspector has opposed the application on the grounds that the applicant has not provided evidence that he holds the required Licence Controller Qualification and has also failed to attend two scheduled interviews. The application has been set down for a public hearing on this basis.

[3] In considering any application for a General Manager’s Certificate, we must have regard to the matters set out in s.121 of the Act including: the character and reputation of the applicant; any convictions; recent experience controlling premises in respect of which a licence is in force; relevant training including evidence of the prescribed qualification under s.117A and any matters dealt with in a report under s.119.

[4] The applicant commenced employment at "Café Alphabet" in January 2007 . If granted a General Manager's Certificate the applicant is to be the duty manager as required.

[5] The applicant submitted an application for a General Manager’s Certificate in January 2007. The application included a supporting letter from his employer and evidence of the training he had completed including the New Zealand Qualifications Authority unit standards in Host Responsibility and the Sale of Liquor Act from the Hospitality Standards Institute. The applicant did not however provide evidence of the required Licence Controller Qualification.

[6] Since 1 April 2006 applicants for a General Manager’s Certificate have been required to hold a prescribed qualification issued by the Hospitality Standards Institute. Section 117A of the Act precludes the issue of a General Manager’s Certificate unless the Licence Controller Qualification is held.

[7] The applicant declared no convictions on his application form. The Police did not report on the application within the statutory time frame and it can be assumed that there are no matters in opposition.

[8] The applicant has failed to attend two interviews with an Auckland District Licensing Agency Inspector scheduled to take place during April and May 2007. The Inspector is required to inquire and report under s.119 of the Act. As we have also stated previously, in our view some of the matters required to be considered under s.121 cannot be determined satisfactorily without the applicant being interviewed.

[9] The application is adjourned for 2 months during which time the Licence Controller Qualification is to be provided and an interview conducted. The applicant is advised to contact the District Licensing Agency as soon as possible to arrange these matters.

[10] If the Licence Controller Qualification is provided and the interview is satisfactory then the application can be granted on the papers. If however the Licence Controller Qualification is not provided then as a matter of law the application will have to be refused.

DATED at WELLINGTON this 20TH day of August 2007

B M Holmes
Deputy Secretary

Jin Jun.doc