Bein [2009] NZLLA 113 (18 February 2009)

Last Updated: 3 September 2010

Decision No. 113/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by XIAO MIN
BIEN 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: Mr P M McHaffie

FINAL DECISION

In decision LLA PH 203/2008, following a public hearing at Auckland on 13 February 2008, we adjourned an application by Xiao Min Bien for a General Manager’s Certificate for six months.

The District Licensing Agency Inspector had opposed the application because at her interview in April 2007, Miss Bien failed to display an adequate knowledge of her responsibilities as a manager under the Sale of Liquor Act. A further interview was scheduled for May 2007 and Miss Bien did not attend.

At the hearing, Miss Bien explained why she had not come to the second interview and she was given the opportunity to attend one the following week. It was also noted that Miss Bien was not employed in licensed premises at the time. Her application was adjourned so that she could pass an interview with the Inspector and provide us with proof of employment in the industry.

The District Licensing Agency Inspector has advised our Secretary that Miss Bien passed her interview, showing a good knowledge of her legal responsibilities. She returned to her employment with the St Heliers Bowling Club and advised that she would like to amend her application so as to receive a Club Manager’s Certificate instead.

That course of action has been adopted and we are satisfied as to the matters to which we must have regard in s.121(1) of the Act. We grant the application for a Club Manager’s Certificate. The certificate may issue immediately.

DATED at WELLINGTON this 18TH day of February 2009

______________
B M Holmes
Deputy Secretary