Silva, re [2003] NZLLA 530 (31 July 2003)

Last Updated: 2 October 2010

Decision No. PH 530/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by STEPHEN TONY SILVA 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 on 16 July 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – to assist
Senior Sergeant M J Lopdell – NZ Police – in opposition

DECISION

[1] This is an application by Stephen Tony Silva for the renewal of his General Manager’s Certificate. Following the filing of the application the Police filed a notice of opposition and accordingly, the matter was set down for a public hearing.

[2] Mr Silva was first granted his General Manager’s Certificate on 28 November 2001. The application before the Authority therefore represents the first application for renewal. This is generally considered by the Authority to be the most important because it gives the reporting agencies the opportunity to comment on the performance of the applicant during his or her first probationary year of management.

[3] When he filed his original application for a General Manager’s Certificate on 19 October 2001, Mr Silva recorded that he had one conviction for assault, the date of which he was unsure. Following an interview with a District Licensing Agency Inspector the application was granted on the papers. At the time Mr Silva was working as a full-time barman at licensed premises known as “La Casa del Habano”.

[4] On 3 December 2002, a statement was taken from a complainant. She is a relatively young Vietnamese woman who complained that while playing the machines at the “Albion Hotel” the previous night, she had met a man who took an interest in her. He offered to marry her to enable her to stay in the country. He took her in a taxi down to the Viaduct Basin where he unlocked and entered a vacant bar. He then attempted to hold her against her will. The woman was fearful that she was about to be raped. The woman remonstrated with the person and was eventually able to leave. A statement was taken from a security guard which supported the woman’s allegations.

[5] As a consequence of these allegations on 4 December last, Mr Stephen Tony Silva was apprehended and arrested. He was subsequently charged with abduction, threatening to kill, and assault with intent to commit rape. He was processed in the usual way, but on 18 June last he failed to appear at a callover at the Auckland High Court. A warrant was issued for his arrest and is still in existence.

[6] As a consequence of the arrest Mr Silva was fingerprinted. It was then revealed that he had another name which the Police call a master name. The master name was Stephen Smith. The Police were able to establish that Stephen Smith had convictions for aggravated robbery in 1992, and more importantly on 16 September 1998 had an conviction for injuring with intent to injure. In respect of that charge Mr Silva aka Smith was sentenced to imprisonment for 9 months, although the term of imprisonment was suspended for 12 months.

[7] It is quite clear that had the Police been aware of that conviction when the application for the original manager's certificate was filed the application would have been opposed. In the light of the suspended prison sentence, it is unlikely that any manager's certificate would have been issued prior to December 2003.

[8] The evidence all points to doubts about the character and reputation of the applicant. As the Police have pointed out, not only has he filed an application for a General Manager’s Certificate in another name, he has failed to disclose convictions received in his master name. He has been the subject of very serious charges in the criminal court, and has failed to appear to answer those charges.

[9] Finally Mr Silva has not appeared to support his application. It is clear that had he done so he would have been arrested.

[10] In all the circumstances we are not satisfied that Mr Silva’s character and reputation are such as to warrant the continued renewal of any General Manager’s Certificate. By his actions Mr Silva has clearly shown that he is unsuitable to hold such a position. We have therefore no hesitation in declining the application for renewal.

DATED at WELLINGTON this 31st day of July 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Silva.doc(nl)