Patel, re [2005] NZLLA 286 (6 May 2005)

Last Updated: 14 March 2010

Decision No. PH 286/2005

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KAMINI CHIMAN 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 WELLINGTON on 28 April 2005

APPEARANCES

No appearance by or on behalf of applicant
Senior Sergeant S D Sargent - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Kamini Chiman Patel pursuant to s.118 of the Act for a General Manager’s Certificate. The criteria to which we must have regard is set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] The Police have opposed the application on the grounds that the applicant was convicted in the Upper Hutt District Court on 15 October 2003 on 64 charges of using a document for pecuniary advantage and five charges of theft. She was fined and ordered to pay reparation to the victims to the amount of $9,655.

[3] The Police submit that they could not have confidence in Miss Patel upholding the provisions of the Sale of Liquor Act and considers she is not a fit and proper person to be the holder of a General Manager’s Certificate. In that respect the Authority is guided by its previous decisions, and in particular the case of Deejay Enterprises Limited LLA 531 – 532/97 where it was stated:

"The guiding hand or hands-on operator of any company or the potential holder of a General Manager’s Certificate now receive greater scrutiny from both the Police and other reporting agencies. Character and reputation are closely examined. The law and human desires of patrons frequently tug in different directions. The Police cannot be everywhere. Little but a licensee’s or manager’s character and suitability may stand between upholding the law and turning a blind eye. Self imposed standards in accordance with the law must be set by licensees and holders of General Manager’s Certificates who control and manage licensed premises."

[4] Miss Patel has not appeared today to support her application. By her absence we can only conclude that she no longer wishes to pursue her application.

[5] In all the circumstances Miss Patel’s application for a General Manager’s Certificate is refused.

DATED at WELLINGTON this 6th day of May 2005

Judge E W Unwin Mr J C Crookston
Chairman Member

Patel, Kamini.doc(nl)