Lim [2008] NZLLA 827 (19 June 2008)

Last Updated: 23 January 2012

Decision No. PH 827/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JI YOUNG LIM 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: Dr J Horn

HEARING at CHRISTCHURCH on 11 June 2008

APPEARANCES

Ms J Y Lim – applicant
Mr P Rogers – Christchurch District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Ji Young Lim for a General Manager's Certificate. The application was filed with the Agency on 22 September 2004. Since that time we understand that Ms Lim has been working at a small Korean restaurant in Manchester Street. We believe that she has been working as a temporary manager.

[2] Ms Lim was interviewed as part of the process and it was found that she did not have a good knowledge of the Sale of Liquor Act. She was told to do some more study and return for another interview. She has not done so even though a reminder was sent.

[3] Ms Lim completed a course of training with CPIT in June 2003. Despite her training, she has not obtained the Licence Controller Qualification. She cannot be granted a certificate without that qualification. She understands that she must resit the examination in order to obtain the qualification.

[4] Ms Lim's understanding of the English language is only fair but she was able to make herself reasonably understood with help from a friend. We understand that there is a problem about the renewal of the premises' licence, because of the lack of a manager and an English speaking person being present.

[5] There are a number of criteria to be considered in s.121 of the Act including the Inspector's report. We see no reason why Ms Lim should not obtain a manager's certificate provided she makes a real effort to obtain the qualification, and satisfies the Inspector that she has an adequate understanding of the Act. Any certificate would be tied to these premises.

[6] The application is adjourned for three months. If Ms Lim obtains the Licence Controller Qualification within that time, and if she satisfies the Inspector that she has an adequate understanding of the Act and its objective, then we will be prepared to grant the certificate on the papers without a further hearing. If she does not fulfil those two criteria, then either there be a further public hearing or the application will be refused.

DATED at WELLINGTON this 19th day of June 2008

B M Holmes
Deputy Secretary

Ji Lim.doc(aw)