Fan, re [2009] NZLLA 164 (20 February 2009)

Last Updated: 27 January 2010

Decision No. PH 164/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JIA HUI FAN 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

HEARING at AUCKLAND on 13 February 2009

APPEARANCES

No appearance by or on behalf of applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition
Senior Sergeant W D Kitcher – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Jia Hui Fan for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency in June 2008.

[2] The application was opposed by the Police following an interview with the applicant. During the course of the interview the interviewing Constable considered that Mr Fan's grasp of the English language was lacking. The applicant appeared to be unable to understand a request for him to describe the object of the Act. Because of his limited understanding of the responsibilities that go with the holding of a certificate, an adverse report was filed.

[3] The Police took the view, as did the Inspector, that although the applicant was working as a waiter in licensed premises, his intention was not to use his certificate in those premises but rather to set up a liquor shop for which he would require his certificate. In those circumstances concerns were also expressed by the Inspector and the Police as to Mr Fan's relevant experience and training.

[4] In the event Mr Fan did not appear in support of the application. It was also noted that his work visa was due to expire last October, and that no application has been made to extend the visa.

[5] The inference we draw is that the applicant is no longer interested in pursuing his application. At any event he has been unable to satisfy us as to the criteria set out in s.121 of the Act. Accordingly the application is refused.

DATED at WELLINGTON this 20th day of February 2009

B M Holmes
Deputy Secretary

Jia Fan.doc(aw)