Singh, re [2003] NZLLA 557 (8 August 2003)

Last Updated: 2 October 2010

Decision No. PH 557/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SATINDER SINGH pursuant to s.118 of the Act for 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 14 July 2003

APPEARANCES

Mr S Singh - applicant
Mrs P M Cudby – North Shore District Licensing Agency Inspector – in opposition
Constable A B Cruickshank – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Satinder Singh for a General Manager’s Certificate. The application was opposed by the Police and the District Licensing Agency Inspector on two main grounds. When he made his application Mr Singh was asked whether he had been convicted of any offence. He ticked the box saying no. It so happens that Mr Singh has three relatively serious convictions, although the third conviction occurred after the application was filed. All three convictions are for driving a motor vehicle in a dangerous manner. The first conviction was in 1998 and the last conviction was in August of last year. On all three occasions, Mr Singh has been fined which may be an indication of the severity of the offence. Currently he is disqualified until February of next year. He has never been convicted of driving while disqualified. The convictions carry a maximum penalty of three months imprisonment, but in terms of the Sale of Liquor Act they would not normally prevent an applicant being granted a General Manager’s Certificate, particularly if there has been no liquor abuse associated with the driving. As it happens Mr Singh does not drink.

[2] The issue is whether the failure to disclose the convictions showed indications of dishonesty. Mr Singh’s knowledge of the English language is not great. It appears that he had no real concept of what a conviction was. We are prepared to accept his explanation, and have formed the view that there was nothing sinister in the failure to disclose the convictions.

[3] The second major concern of the reporting agencies was the fact that when Mr Singh was approached for an interview, it was revealed that he was in Middlemore Hospital with mental health problems. His brother indicated that he was not well and he had problems for about a month. Mr Singh and his wife explained that he was suffering from Bipolar Disorder. He is currently on medication, and is very well as long as he continues to take his medication. We do not have a medical certificate to that effect, and no manager's certificate could be granted until such time as the Authority was satisfied that Mr Singh had his mental illness under full control.

[4] The third issue related to a concern that the licensed premises where Mr Singh works may not currently be operating. When he made his application, Mr Singh indicated that he was working at “Curry and Spice” which is an Indian restaurant in Birkenhead. Apparently he works for his brother-in-law. Mr Singh is currently a waiter working on the evenings on a part-time basis. We are advised that the owner of the premises would like him to have a General Manager’s Certificate but we have no reference from the owner. We note that Mr Singh has been trained under the Sale of Liquor Act by Swain and Associates.

[5] The Authority’s decision is to adjourn these proceedings for six months. During that time Mr Singh would be required to have an interview with the District Licensing Agency Inspector. Although attempts have been made to locate Mr Singh he has never presented himself for an interview. It is important that it be established whether or not he has sufficient knowledge of the Sale of Liquor Act to warrant the granting of a certificate.

[6] The second reason for adjourning these matters is to enable Mr Singh to supply confirmation that he has work available in licensed premises, and that he has the full support of his employer in his application.

[7] The third reason for adjourning the application is to enable a certificate to be obtained from a medical practitioner that Mr Singh is able to work as a manager of licensed premises. According to Mr Singh’s wife he is doing a good job and is popular with the patrons, but we need confirmation of this.

[8] Finally, we ask that the Inspector obtain from Mr Singh an undertaking that if granted a certificate he will only use it for working in the licensed restaurant, known as “Curry & Spice Indian Restaurant”, and will not use it for any other purposes without the consent of the Inspector or this Authority. If the manager's certificate is tied to a licensed restaurant, then it is our view that we would be much more confident about granting the application.

[9] If all these matters can be satisfied and a report received from the District Licensing Agency Inspector, we will be happy to grant the application on the papers. If however there are difficulties in relation to any of the issues raised in this decision then the matter will be set down for a further public hearing. We point out that pending the resolution of this application Mr Singh can be appointed from time-to-time as a temporary manager.

DATED at WELLINGTON this 8th day of August 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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