Thean [2012] NZLLA 566 (24 May 2012)

Last Updated: 4 July 2012

[2012] NZLLA PH 566

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LIM PHONG ANG CHAN THEAN pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at ROTORUA on 17 May 2012

APPEARANCES

No appearance by or on behalf of applicant
Ms J Smale – Rotorua District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] Ms Thean has made an application for a General Manager's Certificate. This was opposed by the Inspector who considered that she lacked appropriate experience and English language skills.

[2] Ms Thean did not appear at the hearing and, for good reason, her non appearance was excused. The Inspector sought an adjournment for three months upon the basis that if Ms Thean continues to make the sort of progress that she has made to date the Inspector will withdraw her opposition to the application. In those circumstances the application could be granted on the papers.

[3] Ms Thean’s employer was present at the hearing. He indicated that he considers the applicant to be a very nice young woman who has made every effort to improve her English skills. He thought that she still lacks confidence in expressing herself in English and could have difficulties in dealing with confrontational situations because of her lack of English. However, he is confident that she will continue to make progress in this regard and was supportive of the Inspector’s position.

[4] The application is adjourned on the basis as suggested by the Inspector.

DATED at WELLINGTON this 24TH day of May 2012

B M Holmes
Secretary

Lim Thean.doc(aw)