Pillay v Wikitera [2008] NZLLA 1465 (24 October 2008)

New Zealand Liquor Licensing Authority

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Pillay v Wikitera [2008] NZLLA 1465 (24 October 2008)

Last Updated: 10 February 2010

Decision No. PH 1465/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number GM/010/64/2007 issued to CAROL-LEE KARANGI WIKITERA

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND CAROL-LEE KARANGI WIKITERA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at PUKEKOHE on 31 October 2008

APPEARANCES

Sergeant G J Campbell – NZ Police - applicant
No appearance by or on behalf of respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension or cancellation of a General Manager's Certificate issued to Carol-Lee Karangi Wikitera. Ms Wikitera was granted her General Manager's Certificate on 15 November 2007. This application was filed with the Authority on 8 August of this year. It is based on the ground that Ms Wikitera's conduct has been such as to show that she is not a suitable person to hold the certificate.

[2] The evidence that we have received relates to licensed premises at Mercer known as "Muddy Waters Irish Pub". Ms Wikitera commenced her employment at these premises in October 2007. Shortly after being granted her General Manager's Certificate she removed cash from two of the tills in the main bar of the premises. She left no documentation in relation to the discrepancies. She was also seen to be serving food and beverage without recording the sales on the tills, as had been directed by management.

[3] Ms Wikitera was recorded on video surveillance removing coins from the tills which she then used to deposit in the gaming machines on the premises. On 10 different occasions between 13 and 21 November 2007, the amounts outstanding on both the tills and the gaming machines ranged between $17 and $1,591. In the event a total amount of $7,435.40 was listed as outstanding.

[4] Ms Wikitera was spoken to by the Police but said that she had done nothing wrong. She was taken before the District Court. On 31 July 2008 she was convicted on a charge of theft by a person in a special relationship. She was ordered to pay reparation of $1,000 and required to carry out 150 hours of community work. This is the only conviction recorded against Ms Wikitera.

[5] Ms Wikitera failed to appear to give any explanation for her conduct. We understand that since the application was filed there may have been other developments. We are satisfied that a serious breach of trust occurred while Ms Wikitera was working as the duty manager on licensed premises.

[6] Clearly Ms Wikitera has failed to live up to the expectations of the industry generally. This happened within a very short period of time of her being granted her General Manager's Certificate. The seriousness of the conduct and the failure to appear satisfies us that the case has been established, and that it is desirable for the manager's certificate to be cancelled.

[7] Accordingly we confirm that General Manager's Certificate number GM/010/64/2007, issued to Carol-Lee Karangi Wikitera, is now cancelled.

DATED at WELLINGTON this 24th day of October 2008

B M Holmes
Deputy Secretary

Carol-Lee Wikitera.doc(aw)