Leung [2012] NZLLA 1366 (7 December 2012)

Last Updated: 7 January 2013

[2012] NZLLA PH 1366

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by JONATHON RICHARD LEUNG pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Members: Ms J D Moorhead
Mr R S Miller

HEARING at AUCKLAND on 4 December 2012

APPEARANCES

Mr J R Leung – applicant
Mr A Wilkinson – Auckland District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] Before the Authority for determination is an application by Jonathon Leung pursuant to s.118 of the Act for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency on 15 November 2011. At that point in time Mr Leung was working in a cafe, he has however, since left that employment.

[2] The application was opposed by the District Licensing Agency Inspector as Mr Leung was no longer working in the hospitality industry. We understand that the application was put on hold for a time as Mr Leung indicated to the Inspector that he would return to work in approximately six months time.

[3] The matter was set down to be determined by the Authority at a public hearing. Mr Leung appeared and advised that he is still not working in the hospitality industry although he is currently seeking employment.

[4] As has been explained to him the Authority has a policy of not issuing General Managers’ Certificates unless the holder has the support of an employer who requires them to manage licensed premises. The application is now more than 12 months old and we are not prepared to adjourn the application for a further period.

[5] There is another issue in that we note that no proof of Mr Leung holding the Licence Controller Qualification has been provided. As a matter of law pursuant to s.117A of the Act we are unable to issue a certificate where the qualification has not been obtained.

[6] Accordingly for the reasons given we are unable to be satisfied as to the matters set out in s.121(1) of the Act. The application is therefore refused.

DATED at WELLINGTON this 7TH day of December 2012

B M Holmes
Secretary

Jonathon Leung.doc(aw)