Fuengkasem [2011] NZLLA 1400 (22 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1400

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SIRIPAN FUENGKASEM pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 14 November 2011

APPEARANCES

Ms S Fuengkasem – applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition
Sergeant C D Lally – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Siripan Fuengkasem for the renewal of a General Manager's Certificate. The certificate was first issued in 2010 by the (former) Manukau District Licensing Agency. It was due to expire after the first probationary year on 21 May 2011. Application was made to the Auckland District Licensing Agency within time for the renewal of the certificate.

[2] The application was originally opposed by the Police on the basis of visa issues as it was thought that she was in breach of her visa by working at the “Spices Thai Restaurant”. Further enquiries by the Police revealed that there was a special condition of her visitor’s visa (set out in a letter from the Immigration Department dated 14 December 2010) which enabled her to work as a waitress from 9.30 am to 2.30 pm Monday to Friday at the restaurant. The Police expressed concern in a further report that she was acting as a director of the company which owned the restaurant, in breach of her visa.

[3] The second ground of opposition from the Police was based on the applicant’s ability to speak English. The Police had found during a visit to the restaurant, when the applicant was acting as the duty manager, that her sister had been translating for her.

[4] At the hearing it was confirmed that there were no longer any visa issues, as she has now been granted an open work visa. The only remaining concern of the Police was the applicant’s ability to speak English. This is a matter that was raised in the Police report in terms of s.126 of the Act.

[5] We heard from the applicant, although she required the assistance of an interpreter on some occasions. The Authority has made it clear in previous decisions that the holder of a General Manager's Certificate needs to be able to communicate in the English language with customers and with the reporting agencies.

[6] We express some surprise that the applicant was originally granted a General Manager's Certificate following an interview with an Inspector, as she clearly has some difficulties with the English language. It is likely that if this had been a new application it would have been refused. However, given that she has performed the duties of a general manager for more than a year with no adverse reports, we are prepared to give her the opportunity to improve her English. We note that in the interim period there is little likelihood of liquor abuse. The applicant only works in the restaurant assisting other family members from 9.30 am to 2.30 pm Monday to Friday.

[7] The application will be adjourned for a period of one year, at which time we will ask for further reports from the reporting agencies. If they are satisfied with the applicant’s level of English at that point in time the application may be granted on the papers. If however, there are any further issues, then the matter may need to be set down for a further hearing or the application declined.

DATED at WELLINGTON this 22ND day of November 2011

B M Holmes
Secretary

Sirpan Fuengkasem.doc