Gandhi [2008] NZLLA 1113 (12 August 2008)

Last Updated: 28 January 2012

Decision No. PH 1113/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by INDRAVADAN GANDHI 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: Dr J Horn

HEARING at WELLINGTON on 22 July 2008

APPEARANCES

Mr I Gandhi – applicant
Mr D Tu – Hutt City District Licensing Agency Inspector – in opposition
Sergeant A F Cappleman – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Indravadan Gandhi for a General Manager's Certificate. Mr Gandhi fulfils most of the criteria set out in s.121 of the Act.

[2] Mr Gandhi and his wife have owned commercial premises in Fairfield, Lower Hutt for eight years. The premises include a grocery shop. Next door to the grocery is a stand alone bottle store. For five years Mr Gandhi was the holder of a General Manager's Certificate. However, when he applied to renew his certificate he was required to reveal that he had a conviction for receiving.

[3] This conviction relates to a semi-commercial transaction with a customer. Mr Gandhi had purchased approximately 60 trays of beer for $1,200 cash. The events occurred on 24 March 2005, approximately three and a half years ago. The case was a defended matter. The defence was that at the time when he purchased the liquor Mr Gandhi did not believe that it was stolen or dishonestly obtained. However during the trial he pleaded guilty. He was ordered to pay the costs of the prosecution of $300 plus witness expenses of $25.

[4] When Mr Gandhi came before us for the renewal of his certificate, we heard the evidence and then declined the application (see decision LLA PH 440/2006). We mentioned at the time that it was regrettable that no other applications had been filed either for the suspension or cancellation of the certificate, or indeed the off-licences. We dealt with the matter in anticipation that no such implications would follow.

[5] In declining the application we referred to Hayfords decision. We invited Mr Gandhi to reapply for his General Manager's Certificate in six months time. We said at the time that we believe that that was a strong sanction for anyone who owned his own business.

[6] In the event Mr Gandhi waited for nearly two years before filing his application. The application was filed on 22 January 2008. With the hearing in July it is now two years since he was invited to return with another application, and over three years since the offending.

[7] The Police and the District Licensing Agency Inspector have pointed to the decision of G L Osborne LLA 2388/95 and in that decision we said:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[8] We believe that the Police and the Inspector are quite right in pointing to the fact that in these circumstances the charge of receiving has to be seen as reasonably serious. This is because the transaction involved liquor, and was carried out in the course of the business when Mr Gandhi was operating as a duty manager.

[9] However having made the offer for Mr Gandhi to return in our decision in June 2006, we are not in a position to go back on that offer. We believe that the decision was based on the circumstances as we knew them at that time. In the light of the fact that a further 18 months has been added on, with all the inconvenience to Mr Gandhi being unable to operate the business on his own, we believe that the time has come for him to regain the status that he previously held.

[10] We take the view that the period of time has been sufficient for Mr Gandhi to have learned from the experience of the past. We have been advised that the shop has had a number of controlled purchase operations and survived them.

[11] In all the circumstances, we have now decided that the application should be granted.

DATED at WELLINGTON this 12th day of August 2008

B M Holmes
Deputy Secretary

Indravadan Gandhi.doc(aw)