Jiang [2010] NZLLA 250 (23 March 2010)

Last Updated: 16 April 2010

Decision No.PH 250/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by YIMING JIANG 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 16 March 2010

APPEARANCES

Mr Y Jiang – applicant
Mr D Thomson – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for a General Manager’s Certificate by Yiming Jiang. The application was received by the Auckland District Licensing Agency on 11 November 2009.

[2] The application was opposed by the interviewing Auckland District Licensing Agency Inspector, on the ground that the applicant’s student visa expires on 31 March 2010. It was recommended that opposition be withdrawn once the applicant provides proof of an extension of his visa.

[3] Mr Jiang fulfils all the other criteria set out in s.121 of the Act. He is the holder of the Licence Controller Qualification and in fact we note that he previously held a General Manager’s Certificate in 2007. He has the support of an employer at the “Divo Nightclub” in Albert Street, Auckland where he is currently employed as a temporary manager.

[4] Mr Jiang has advised the Authority that he has made an application for the extension to his visa. He is hopeful that it will come through in a week or so. On this basis we are prepared to adjourn the application for a short period to enable Mr Jiang to sort out the work visa issue.

[5] The application may be granted on the papers once evidence of the required work visa is supplied to the District Licensing Agency Inspector, who will inform the Authority.

[6] The application is accordingly adjourned for two months. If there are any other issues a further hearing may need to be held.

DATED at WELLINGTON this 23RD day of March 2010

B M Holmes
Deputy Secretary

Yiming Jiang.doc(jeh)