Singh [2007] NZLLA 1037 (17 October 2007)

Last Updated: 27 January 2012

Decision No. PH 1037/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TARA SINGH 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 P M McHaffie

HEARING at PAPAKURA on 1 October 2007

APPEARANCES

No appearance by or on behalf of 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 Tara Singh for a General Manager's Certificate. The application was filed with the Manukau District Licensing Agency on 28 July 2006.

[2] In accordance with the Collaborative Liquor Enforcement Group (CLEG) and the due diligence model which is applied to all applications, Mr Singh was interviewed for his manager's certificate.

[3] At the time of the interview Mr Singh could not answer the most basic of questions regarding technical aspects of the Act. Furthermore he did not appear to understand what the role of a manager of licensed premises was.

[4] Mr Singh was asked what experience he had had controlling licensed premises, and responded that he had two weeks experience. In the light of his response, Mr Singh was given three options. First, the application could be forwarded to the Authority for a public hearing. Secondly, he could be appointed as a temporary manager while under supervision thereby gaining the requisite experience for a minimum of six months. Thirdly, he could withdraw his application, and apply at a later stage.

[5] Mr Singh elected option two and was scheduled for a further interview. In the meantime the Collaborative Liquor Enforcement Group conducted two joint integrity tests of licensed premises which we understand were owned and operated by Mr Singh.

[6] The results make sorry reading. Two illegal sales were made to minors during the tests, as well as the illegal sale of cigarettes. On the first occasion Mr Singh was at the back of the shop and an Indian lady who spoke little English had been left in charge. It is believed that she was Mr Singh's wife. On the second occasion Mr Singh left his 12 year old son in the shop by himself. That was when the second illegal sale of liquor was made.

[7] The off-licence was suspended for a period of six weeks until May of this year. See decision Shontahl Jaydi Mortensen and Another v Cramwick Enterprises Limited and Another LLA 244-246/2007. Both the Police and District Licensing Agency Inspector contend that one of the main contributors to liquor abuse and alcohol related harm in Manukau City, are bottle stores and off-licences which are in need of strong management. They therefore question Mr Singh's poor decision making and oppose his application.

[8] As it happens Mr Singh has failed to appear in support of his application. We understand he is still working at the premises. The inference we draw is that he has now chosen option three. In other words when he has had more experience in controlling licensed premises, and assuming he can show that he is aware of his responsibilities as a potential manager of licensed premises, then he may make a further application at a later stage.

[9] In the meantime it is clear to us that he fails the criteria set out in s.121 of the Act and his application is refused.

DATED at WELLINGTON this 17th day of October 2007

B M Holmes
Deputy Secretary

Tara Singh.doc(aw)