Patel, re [2003] NZLLA 579 (21 August 2003)

Last Updated: 2 October 2010

Decision No. PH 579/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by ATUL PATEL 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 13 August 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Atul Patel for a General Manager’s Certificate.

[2] Mr Patel has been working at the “Star Mart New President” since January 2002. It appears that his employer thought sufficiently of him to recommend that he apply for, and if possible obtain, a General Manager’s Certificate. Mr Patel duly completed a course of training with Tachelle Consulting Services. He then made his application.

[3] It was revealed at the time that although “Star Mart” had a number of licensed premises, the “Star Mart New President” was not one of them. In other words Mr Patel had no experience at all working in licensed premises. Furthermore when he was interviewed by the Inspector, he displayed a less than satisfactory knowledge of his legal responsibilities under the Sale of Liquor Act 1989.

[4] The Inspector advised “Star Mart” that if they wanted any employee to obtain a General Manager’s Certificate so that he or she could work at other licensed premises, then they would need to provide training at their licensed premises. The Inspector heard nothing back, and accordingly opposed the application, which was duly set down for a public hearing. Mr Patel has not appeared to support the application. In those circumstances, the inference is that there is no longer any further interest in him obtaining such a certificate.

[5] Accordingly, the application is refused.

DATED at WELLINGTON this 21st day of August 2003

Judge E W Unwin Mr J C Crookston
Chairman Member Patel.doc(afw)