Tito [2006] NZLLA 889 (13 October 2006)

Last Updated: 25 January 2012

Decision No. PH 889/2006

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MICHAEL JOHN TITO 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: Ms P A Ballard

HEARING at WELLINGTON on 9 October 2006

APPEARANCES

No appearance by or on behalf of applicant
Mr R S Putze – Wellington District Licensing Agency Inspector – in opposition
Sergeant D A Robson – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Michael John Tito for a General Manager’s Certificate.

[2] Mr Tito is the holder of a Licence Controller Qualification and at the time the application was filed he had employment in licensed premises. On the other hand there are a number of deficiencies. When he filed his application with the Agency in April 2006 he was asked whether he had been convicted of any offence and he ticked the box saying “no”.

[3] It turns out that this was an incorrect answer. As was pointed out in the decision of Anthony Raymond Johns LLA PH 974/98, the Authority takes a very serious view of any failure to report correctly a complete list of convictions.

[4] The District Licensing Agency Inspector makes a point of interviewing all applicants in order to establish experience, qualifications and in particular knowledge of the Act. Mr Tito failed to make any attempt to arrange an interview. Messages were left but Mr Tito has failed to follow the matter up. The Police have similar reservations. They discovered that Mr Tito had nine convictions involving objectionable material. The offences took place in about the year 2000. Mr Tito was convicted in October 2001 and was sentenced to non residential periodic detention for six months. Furthermore he has a more recent conviction in 2004 for unlawfully taking a motor vehicle.

[5] The Police wished to speak with Mr Tito about these matters but Mr Tito declined to make any contact although messages were left for him as well.

[6] Finally, Mr Tito has not appeared in support of his application and accordingly we draw the inference that he is no longer interested in pursuing it. It appears that he may continue to work at the licensed premises but there has certainly not been any contact from him or his employer for some time. In all the circumstances the application is now declined.

DATED at WELLINGTON this 13th day of October 2006

Judge E W Unwin Ms P A Ballard
Chairman Member

Michael Tito.doc(aw)