Lini [2012] NZLLA 1405 (14 December 2012)

Last Updated: 10 January 2013

[2012] NZLLA PH 1405

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BIXING LIN 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 B Lin – applicant
Mr A Wilkinson – Auckland District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Bixing Lin pursuant to s.118 of the Act for a General Manager's Certificate.

[2] The application was filed with the Auckland District Licensing Agency on 11 September 2012. The application was supported with a copy of the required Licence Controller Qualification issued on 27 August 2012 together with a reference from “Super Liquor Manurewa” where Mr Lin was to utilise the certificate if granted.

[3] The application was opposed by the District Licensing Agency Inspector and accordingly set down to be determined by the Authority at a public hearing.

[4] The Inspector’s opposition was stated in his report as being due to Mr Lin’s poor command of English and lack of knowledge when he was interviewed on 18 October 2012. Mr Lin also sold liquor to a minor during a controlled purchase operation undertaken on 26 October 2012 when he was acting as a temporary manager at “Super Liquor Manurewa”. These are all matters that we must have regard to in terms of the criteria set out in s.121(1) of the Act.

[5] Mr Lin advised at the hearing, with the aid of a Mandarin interpreter, that while he still worked at “Super Liquor” his main occupation was working at a farm in a glasshouse.

[6] When questioned by Mr A Wilkinson in terms of the sort of questions that are generally asked at an interview, Mr Lin was unable to answer any of the questions put to him.

[7] As the Authority has said in many previous decisions we expect the holder of a General Manager's Certificate to have a sufficient command of English to be able to communicate with the enforcement agencies and general public, in order to carry out their responsibilities under the Act. Mr Lin has already failed a controlled purchase operation very recently and we would normally expect a stand down period to occur in any event.

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

DATED at WELLINGTON this 14TH day of December 2012

B M Holmes
Secretary

Bixing Lin.doc(aw)