Hayer and Banwait Enterprises Limited, re [2005] NZLLA 126 (11 March 2005)

Last Updated: 21 February 2010

Decision No. PH 126-127/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by HAYER AND BANWAIT ENTERPRISES LIMITED pursuant to s.9 of the Act for an on-licence in respect of premises situated at 1123 Tutanekai Street, Rotorua known as “Lovely India Indian Tandoori Restaurant”

AND

IN THE MATTER of an application by KULDIP SINGH pursuant to s.123 of the Act for the 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 ROTORUA on 1 February 2005

APPEARANCES

Mr W R Ah-Chan - agent for applicants
Ms S A Smale - Rotorua District Licensing Agency Inspector - in opposition
Sergeant G Kaye-Ivitu - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are two applications. The first is an application by Hayer and Banwait Enterprises Limited for an on-licence in respect of premises situated at 1123 Tutanekai Street, Rotorua known as “Lovely India Indian Tandoori Restaurant”.

[2] The second is an application by Mr Kuldip Singh for the renewal of his General Manager’s Certificate. The business trades as a restaurant, and is currently operating under a temporary authority. The sole director of the company is Mr Kuldip Singh. He is not quite 21 years of age. The issue has been Mr Singh’s suitability to be the director of a company holding an on-licence, and also his suitability to continue to hold a General Manager’s Certificate.

[3] The issue of suitability arises from Mr Singh’s attitude to the traffic regulations. We understand that as a consequence of his activities, there may have been disqualifications, and/or the accrual of a large number of outstanding fines.

[4] All parties have come to an arrangement which seems to us to be eminently sensible. This arrangement takes into account the fact that the premises themselves trade as a restaurant. It is unlikely therefore, that there will be issues involving liquor abuse. Furthermore, there have been no issues with the running of the business under the temporary authority.

[5] The proposal is that both applications be adjourned for a period of six months. If, at the conclusion of that period of time, there have been no further adverse or untoward incidents, then both the District Licensing Agency Inspector and the Police have indicated that the opposition to the grant of the on-licence and the renewal of the General Manager’s Certificate, will be withdrawn. In that situation the on-licence will be issued on the papers, and the General Manager’s Certificate will be renewed. If there are other issues then no doubt a further public hearing can be called.

[6] Both applications are adjourned by consent accordingly.

DATED at WELLINGTON this 11th day of March 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Lovely India.doc(aw)