Singh, re [2007] NZLLA 163 (1 March 2007)

Last Updated: 23 February 2010

Decision No. PH 163/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SHAILESH KUMAR 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: Ms P A Ballard

HEARING at TE AWAMUTU on 15 February 2007

APPEARANCES

Mr S K Singh – applicant
Mr B D Faris – Waipa District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Shailesh Kumar Singh for a General Manager’s Certificate.

[2] Mr Singh was first granted a certificate in 1995. He obtained his certificate because he and his wife purchased a maximart in Cambridge about 12 years previously. They have operated the maximart over this period of time without incident. There is an off-licence associated with the maximart which was issued back in 1995.

[3] In July 2006 there was a controlled purchase operation. A young volunteer was able to purchase a cheap bottle of sparkling wine for $7. This volunteer was born on 29 July 1990 and at the time of the operation she was just 15 years of age although she was about to turn 16. She was sold the bottle of wine by a 19 year old employee of the business.

[4] Mr Singh was nominated as the duty manager but in fact his manager’s certificate had expired. He had not realised this. It was due to be renewed on 21 December 2005. The Agency normally sends out reminders but because of a computer glitch a reminder was not issued on this occasion. Mr Singh was at the back of the shop at the time and had no knowledge that the sale had taken place.

[5] The consequence for Mr Singh was that he immediately agreed that the off-licence would be suspended for a period of five days. He immediately applied for a fresh General Manager’s Certificate which involves some cost and further training because he was required to attend a course in order to obtain his Licence Controller Qualification.

[6] It seems to us that Mr Singh has been penalised as a consequence of his failure to renew his General Manager’s Certificate. Although he was technically on duty at the time of the controlled purchase operation, because he was not certificated, his General Manager’s Certificate could not be the subject of any sanction.

[7] Mr Singh has advised that as he now requires members of his staff to acknowledge that if they break the laws in the future, they can expect immediate dismissal. In the case of the salesperson we understand that it was some two months later when the salesperson was no longer employed at the shop.

[8] We are satisfied that Mr Singh has had a wake up call in respect of both matters. There is no further opposition to the grant of the application in terms of the criteria in s.121 of the Act. He is a mature person who has done well for a period of 12 years apart from the two matters to which reference has been made.

[9] In all the circumstances taking into account the criteria we propose to grant the application.

DATED at WELLINGTON this 1st day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Shailesh Singh.doc(aw)