Liu [2010] NZLLA 256 (23 March 2010)

Last Updated: 16 April 2010

Decision No. PH 256/2010

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by XIONG LIU pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

HEARING at AUCKLAND on 16 March 2010

APPEARANCES

No appearance by or on behalf of 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 Xiong Liu. The application was received by the Auckland District Licensing Agency on 25 November 2009.

[2] The application was opposed by an Auckland District Licensing Agency Inspector on several grounds. The first was that the applicant had not provided a copy of the Licence Controller Qualification. The second was that the applicant had less than three months experience in managing licensed premises. The third ground was a restriction in terms of his work permit that he could not work for the same employer for more than three months. The application was accordingly forwarded to the Authority for determination.

[3] When the matter came before the Authority it was apparent that a copy of the Licence Controller Qualification had been provided in the interim dealing with that ground of objection.

[4] We were also advised by Mr Thomson, an Auckland District Licensing Agency Inspector, that a copy of a student visa issued on 27 January 2010 had been sent by facsimile to the Agency by the applicant’s agent Mr Greame Scott. This confirms that the holder may work for up to 20 hours each week. The visa expires on 31 January 2011. Accordingly that ground of opposition had also been dealt with.

[5] The third ground for opposition has also now been addressed. The applicant is employed at “Emily’s”. Mr Thomson advised that he was aware of these premises and that in the interim period Mr Liu had gained sufficient experience.

[6] Accordingly the opposition to the application was withdrawn. That being the case we are satisfied as to the matters set out in s.121 of the Act. The application is now granted and the certificate may issue immediately.

DATED at WELLINGTON this 23RD day of March 2010

B M Holmes
Deputy Secretary

Xiong Liu.doc(jeh)