Wu, re [2008] NZLLA 1395 (2 October 2008)

New Zealand Liquor Licensing Authority

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Wu, re [2008] NZLLA 1395 (2 October 2008)

Last Updated: 9 February 2010

Decision No. PH 1395/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HUARU WU 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 J D Moorhead

HEARING at AUCKLAND on 10 September 2008

APPEARANCES
Mr H Wu – applicant
Mr I R Farrell – Rodney District Licensing Agency Inspector- in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the authority is an application by Huaru Wu for a General Manager’s Certificate.

[2] Mr Wu owns the “Coatesville Store” in Coatesville along with his wife. Wu and his wife have owned these premises since 2005, when a grocery style off-licence was granted. His wife is the holder of a certificate.

[3] The application was accompanied by the Licence Controller Qualification. Mr Wu’s application was opposed by the Police. The grounds were that on 25 May 2008, Mr Wu was in charge of the store when he made an illegal sale to a minor during a controlled purchase operation. There are no other impediments to the grant of the application. Mr Wu has been interviewed and displayed a reasonable knowledge of his legal responsibility. Although Mr Wu has the support of an interpreter, he was able to make himself reasonably well understood.

[4] If an applicant such as Mr Wu has been involved in making an illegal sale to a minor, we normally would expect a stand-down offence-free period of 12 months from the date of the offending. There are some unusual characteristics about this application. Apart from the Community Hall, the “Coatesville Store” is the only business, if not building, in Coatesville. The business is predominantly a country store which services a number of lifestyle blocks. The wine and beer is kept in a small fridge, and the sale of liquor represents less than 5% of turnover.

[5] Mr Wu has signed an undertaking that if granted a certificate it will be used only at the “Coatesville Store”. He will continue to be bound by that undertaking unless he is given permission by the Inspector, or this Authority, to use the certificate elsewhere.

[6] The reasons that Mr Wu made the application is that his wife had a child on 9 May last, and she has been unable to manage the premises. Mr Wu had been appointed as an acting or temporary manager in the interim period of time. Because it is necessary to maintain the policy referred to above, the application can be considered premature. However rather than declining the application it will be adjourned for a period of six months. If there are no other issues such as any sale to a minor during the six months, we propose to grant the application on the papers. The certificate will have on the face of it the words “Undertaking Given”. We would hope that the same words would also be shown by any renewal of the certificate. This wording should act as a warning to any possible employers in the future.

[7] We see no reason why Mr Wu cannot continue to be appointed as an acting or temporary manager, provided the provisions of ss.128 and and/or 129 have been properly observed. If there are any other incidents during the adjourned period a further public hearing will be necessary, or the application will be rejected.

[8] In summary the application is adjourned for six months on the above terms.

DATED at WELLINGTON this 2nd day of October 2008

Sara Cunningham
Secretary

HuaruWu.doc(jeh)