Chen [2012] NZLLA 1321 (3 December 2012)

Last Updated: 13 December 2012

[2012] NZLLA PH 1321

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BIN CHEN pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

HEARING at PAPAKURA on 26 November 2012

APPEARANCES

Ms B Chen – applicant
No appearance by Auckland District Licensing Agency Inspector

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Bin Chen for renewal of a General Manager's Certificate. The certificate was first issued in 2008 and this is the second renewal application. The certificate was due to expire on 16 May 2012 and the application for renewal was filed the same day.

[2] The application was opposed by the District Licensing Agency Inspector as it became clear that Ms Chen was not employed on licensed premises. The matter was accordingly set down to be determined by the Authority at a public hearing.

[3] The criteria that we must consider on an application for renewal are set out in s.126 of the Act. They include the manner in which the manager has managed the sale of liquor pursuant to the licence, as well as any matters raised in the Inspector’s report.

[4] The Authority has made it clear in previous decisions that it considers the certificate to be a working document for those employed in the industry. As was explained to Ms Chen at the hearing the Authority is not in a position to renew the certificate where she does not have the support of an employer who wishes her to manage licensed premises. Ms Chen in fact stated that she has not utilised the certificate for the last 12 months.

[5] It was also explained to Ms Chen that should she obtain employment in the industry in the future, then it is open to her to make an application for a new General Manager's Certificate.

[6] For the reasons given the application for renewal is refused.

DATED at WELLINGTON this 3rd day of December 2012

B M Holmes
Secretary

Bin Chen.doc(aw)