Bisht, re [2008] NZLLA 274 (27 February 2008)

Last Updated: 9 March 2010

Decision No.PH 274/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GULAB SINGH BISHT pursuant to s.123 of the Act for the renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 14 February 2008

APPEARANCES

Mr A Kashyap – for applicant
Mr J P Sheehan – Waitakere District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Gulab Singh Bisht for the renewal of his General Manager's Certificate. Mr Bisht was first granted his certificate in 2004 and it was renewed until 8 November 2007.

[2] When he filed his application for renewal Mr Bisht was asked whether he had been convicted of any offence. The box saying ‘no’ was ticked. At the same time Mr Bisht signed an authority saying that the Police could enquire as to any relevant convictions. The Police did so and it was revealed that Mr Bisht had been convicted of driving with excess blood alcohol content.

[3] The actual date of offending was 4 November 2006. Some 10 months later on 4 September 2007, Mr Bisht was convicted of driving with excess blood alcohol with a level of 98 milligrams of alcohol per 100 millilitres of blood. It will be noted that this was slightly over the allowable limit. It seems that Mr Bisht was on his way home and had driven into his driveway prior to a checkpoint operation.

[4] Mr Kashyap has appeared on behalf of Mr Bisht and explained that Mr Bisht's handwriting is not of high quality. Accordingly he asked a friend to fill in the renewal application. It is clear that this happened by comparing the application with Bisht's signature. Mr Kashyap contended that there was no intent to mislead the Agencies and we are prepared to accept that submission.

[5] On the other hand there has been an incident involving liquor abuse. In general terms our policy is that the holding of a General Manager's Certificate is a privilege. The object to the Act requires there to be a reasonable system of control over the sale of liquor to the public with the aim of contributing to the reduction of liquor abuse so far as that can be achieved by legislative means. In those circumstances we take the view that there should be some sanction if the holder of a certificate is convicted of this type of offending.

[6] There is no application before us for the suspension of the certificate. In those circumstances we only have two options. One is to refuse the application which would technically deprive Mr Bisht of his ability to work. The other is to renew the certificate but for a truncated period.

[7] We have adopted the second option. There will be a reduction in the period of renewal as a reminder to Mr Bisht and to the holders of other certificates that any offending involving liquor abuse will place the manager's certificate at risk.

[8] The certificate is renewed for a period of 18 months. This means that it will next fall due on 8 May 2009 in a little over 12 months time.

DATED at WELLINGTON this 27TH day of February 2008

B M Holmes
Deputy Secretary

Gulab Bisht.doc(aw)