Maini, re [2002] NZLLA 252 (10 May 2002)

Last Updated: 6 March 2010

Decision No. PH 252/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ASHOK KUMAR MAINI pursuant to s.123 of the Act for renewal of a General Manager’s Certificate.

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND 1 May 2002

APPEARANCES

Applicant in person
Mr A Wilkinson – Manukau District Licensing Agency Inspector – in opposition
Mrs R L Ieremia – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Ashok Kumar Maini for renewal of a General Manager's Certificate pursuant to s.123 of the Act. Mr Maini has been one of three directors and shareholders of the off-licence premises known as the Russell Road Liquor Shop, the holding company being INZED Limited.

[2] The criteria to which we must have regard are set out in s.126 of the Act. That section states:

In considering any application for a manager's certificate the Authority shall have regard to the following matters:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;
(d) Any matters dealt with in any report made under s.124 of this Act.

[3] Mr Maini's General Manager's Certificate was first issued in July 2000. Since that certificate was issued Mr Maini has been the subject of a single charge in the District Court at Manukau. The charge related to misleading a Social Welfare Officer to obtain a benefit. That charge has now been dealt with. Mr Maini received a sentence of 90 hours community service. He has completed all but 29 hours and 45 minutes of that sentence. He has also paid back the amount of $2,800.

[4] Both the Police and the District Licensing Agency Inspector have advised that there have been no other incidents relating to Mr Maini while he has been in charge of these premises. As this is an isolated incident, and not one involving the abuse of alcohol we are minded to renew his certificate for two years from 12 July 2001. This period will expire on 12 July 2003. This will have the effect of providing an opportunity for the Police and the Inspector to monitor Mr Maini's management of the premises over the next 12 months. It will also mean that that the renewal date of the certificate will effectively be two years from the date of his conviction.

[5] Accordingly the certificate is renewed until 12 July 2003.

DATED at WELLINGTON this 10th day of May 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

AshokMaini.doc(nl)