Lee [2011] NZLLA 1335 (16 November 2011)

New Zealand Liquor Licensing Authority

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Lee [2011] NZLLA 1335 (16 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1335

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SEUNG HEUI LEE 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 2 November 2011

APPEARANCES

No appearance by or on behalf of applicant
Constable R L De’Ath – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Seung Heui Lee pursuant to s.118 of the Act for a General Manager's Certificate. The application was received by the Auckland District Licensing Agency on 3 May 2010. It was supported with a copy of the required Licence Controller Qualification issued on 26 March 2010. At that point in time Mr Lee was employed at the “All Black Karaoke Bar”.

[2] The application attracted opposition from the Police on the grounds of convictions recorded against the applicant. This is one of the grounds that we must consider pursuant to s.121(1) of the Act.

[3] The District Licensing Agency Inspector also questioned the suitability of the applicant on the basis of these convictions which include a conviction for driving with excess breath alcohol, as well as a conviction for driving while disqualified shortly thereafter.

[4] In any event when the matter was called there was no appearance by Mr Lee. We therefore draw the reasonable conclusion that he is no longer interested in pursuing the application. We are also unable to be satisfied as to the matters set out in s.121 of the Act and the application is refused.

DATED at WELLINGTON this 16TH day of November 2011

B M Holmes
Secretary

Seung Lee.doc