Hu [2011] NZLLA 1403 (22 November 2011)

Last Updated: 12 December 2011

[2011] NZLLA PH 1403

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by XILIN HU 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 15 November 2011

APPEARANCES

Mr X Hu – applicant
Miss M J McLeod – Auckland District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] This is an application by Xilin Hu for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency in November 2010. It was supported with a copy of the required Licence Controller Qualification issued on 15 September 2010.

[2] The application attracted opposition from an Auckland District Licensing Agency Inspector on the basis that the applicant had failed to attend interviews on three occasions. The Inspector was therefore unable to assess the applicant’s character and reputation or knowledge and understanding of the Act. There was no Police opposition to the application.

[3] At the time the application was made Mr Hu was working at “Kepa Fine Wines” in Kohimarama. Mr Hu appeared at the hearing and advised that he left the employment of “Kepa Fine Wines” in February 2011. He is currently unemployed.

[4] Mr Hu confirmed that he had not attended an interview with an Inspector but says that he did not receive the letters. This may have been due to the fact that Mr Hu has moved in the interim.

[5] Given that Mr Hu is not currently working in the industry and does not have the support of an employer, we have advised Mr Hu that it is the Authority’s practice not to issue General Managers' Certificates in those circumstances. If however, he obtains employment within the industry then he is free to make a new application.

[6] The application is refused.

DATED at WELLINGTON this 22nd day of November 2011

B M Holmes
Secretary

Xilin Hu.doc(aw)