Penjueli [2006] NZLLA 869 (10 October 2006)

Last Updated: 24 January 2012

Decision No. PH 869/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by PATRICK SAVEA MOTOFAGA PENJUELI pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at AUCKLAND on 28 September 2006

APPEARANCES

Mr P S M Penjueli – applicant
Mr P A Radich – Manukau District Licensing Agency Inspector – in opposition
Sergeant G J Campbell – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Patrick Savea Motorfaga Penjueli for the renewal of his General Manager’s Certificate.

[2] The Authority is governed by the provisions of s.126 of the Act. In considering the application we are to have regard to Mr Penjueli’s character and reputation, any convictions recorded against him since the certificate was issued or last renewed, the manner in which he has managed the sale and supply of liquor pursuant to the licence with the aim of contributing to the reduction of liquor abuse and finally any matters dealt with in any report made under s.124 of the Act.

[3] Mr Penjueli was granted his General Manager’s Certificate in July 2002. It is clear that the certificate was granted to enable him to work from time to time as duty manager for a supermarket known as “Woolworths Meadowlands” based in Howick. Mr Penjueli has worked for the owner Progressive Enterprises Limited for the best part of 10 years.

[4] When he made his application Mr Penjueli had one conviction. It involved violence. It was incurred in 1997. It was for male assaults female. He was given a suspended sentence by the District Court and convicted in order to come up for sentence if called upon within 12 months. It was clear that at the time he was granted his General Manager’s Certificate in 2002 five years had elapsed and the Agency obviously thought that this was an isolated event.

[5] When he filed his application for renewal of the General Manager’s Certificate prior to July 2006 Mr Penjueli acknowledged that he had incurred two convictions in the previous three years. In 2002 he became involved in a fraud matter. He was very keen to obtain a motor vehicle for his ex partner to drive so that she could drive the children to see him. Because the loan that was required affected his ex partner she was required to sign the document. She was not available and instead of waiting he decided to forge her signature.

[6] This matter was picked up approximately two years later and Mr Penjueli came before the Court on an attempt to defraud matter. He was again given a suspended sentence and convicted and ordered to pay Court costs and to come up if called upon.

[7] That incident does not involve liquor abuse but it shows a potential to be dishonest if necessary. Certainly he had the best of intentions when he signed the document so that he could provide transport for his children.

[8] In December 2004 Mr Penjueli was home with his wife. There was an argument and according to a summary of facts Mr Penjueli without other provocation punched his wife a number of times around the head and back area. The Police were called but Mr Penjueli left. As it happens he returned later in the evening when his wife was asleep. There was a further argument and a further issue involving violence which caused his wife to run from the address.

[9] Mr Penjueli has tended to minimise the offending and has given explanations to us. It should be recorded that Mr Penjueli was convicted of this matter. In 2005 he was fined $600 and placed on supervision for 12 months. He was unable during the course of his supervision to complete an anger management course because his wife became ill and he was required to look after the children.

[10] That is regrettable because having heard from Mr Penjueli there may still be issues which he needs to resolve in relation to what could be considered to be an anger problem.

[11] It is clear to us that Mr Penjueli in the light of the two convictions is unsuitable to be the holder of a General Manager’s Certificate. He has given an undertaking that if he could keep his certificate it would be used only for working for Progressive Enterprises Limited. The company runs supermarkets and the licences which are involved are generally off-licences. Nevertheless there is less likely to be liquor abuse involving off-licences but nevertheless the fact of the matter is that as has been pointed out by the reporting agencies there are constant attempts to raise standards within the industry. The belief is that by ensuring that managers are people who have personal integrity and are prepared to uphold the law then the concept and objective of the Act may more readily be achieved.

[12] This matter has caused us some concern because we do not want to deprive Mr Penjueli necessarily of a livelihood if that is available to him. There is no appearance on behalf of Progressive Enterprises Limited in this matter. We give notice that in the light of the two convictions and the explanations given to us by Mr Penjueli it is our intention to decline the application for renewal of the General Manager’s Certificate.

[13] On the other hand if we receive within the next 42 days following the company receiving a copy of this decision, submissions relating to any necessity for Mr Penjueli to continue to retain a General Manager’s Certificate albeit a limited one, then we may be prepared to reconsider our position.

[14] The position therefore is that our intention is to decline the application. We await submissions from Mr Penjueli’s employer within the next six weeks.

DATED at WELLINGTON this 10th day of October 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Patrick Penjueli.doc(aw)