Radich and Lally v Patel [2006] NZLLA 57 (16 February 2006)

Last Updated: 18 February 2010

Decision No. PH 57 2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number GM/08/269/2003 issued to JAYESH KUMAR JAYANTILAL PATEL

BETWEEN PAUL ANTHONY RADICH

(Manukau District Licensing Agency Inspector)

AND CHRISTOPHER DAVID LALLY

(Police Officer of Papakura)

Applicants

AND JAYESH KUMAR JAYANTILAL PATEL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at MANUKAU on 19 January 2006

APPEARANCES

Mr P A Radich - Manukau District Licensing Agency Inspector - applicant
Sergeant G J Campbell - NZ Police - applicant
Mr D G Scott - for respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the cancellation of a General Manager’s Certificate issued to Jayesh Kumar Jayantilal Patel. The application is brought by the Manukau District Licensing Agency Inspector and Constable C D Lally, Police Officer of Papakura. It is a joint application.

[2] The application is based on the ground that Mr Patel’s conduct has been such as to show that he is not a suitable person to hold a certificate. The application follows the Authority’s decision in the case of Pamuka Enterprises Limited LLA PH 674/2005. That particular decision related to an application by a company operated by Mr Patel, for the renewal of its off-licence. There was opposition to the renewal based on an incident involving Mr Patel.

[3] In our decision, we commented on the incident, and gave an indication that in our view there were grounds to show that Mr Patel’s conduct was such that his suitability to hold a General Manager’s Certificate was very much an issue. The on-licence itself was renewed on the basis that Mr Patel would no longer be a director of the company during the renewal period.

[4] As a consequence of the decision, the application was filed. The incident referred to occurred on 3 August 2004, when Mr Patel was the duty manager of a superette. It involved an 18 year-old girl, and Mr Patel’s subsequent arrest for indecent assault. After some negotiations, Mr Patel was discharged without conviction. He had to pay a reasonably large penalty as well as a sum of money to the victim, as well as write a letter of apology.

[5] At the hearing, Mr Patel was represented by Mr D G Scott as agent. After some discussion, Mr Scott has accepted the Authority’s preliminary view that the cancellation of the General Manager’s Certificate was an unreasonable sanction in all the circumstances, but that a reasonably long period of suspension was appropriate.

[6] Mr Scott has accepted that a period of suspension is appropriate, and that period has been agreed by the two joint applicants. Accordingly we confirm that General Manager’s Certificate GM/08/269/2003 issued to Jayesh Kumar Jayantilal Patel is now suspended for a period of three months from Monday 23 January 2006.

DATED at WELLINGTON this 16th day of February 2006

Judge E W Unwin Mr J C Crookston
Chairman Member

Jayesh Patel.doc(aw)