Singh [2008] NZLLA 971 (15 July 2008)

Last Updated: 26 January 2012

Decision No. PH 971/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SUKDAVE SINGH pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 19 June 2008

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] This is an application for a General Manager's Certificate by Sukdave Singh pursuant to s.118 of the Act. The application was received by the Manukau District Licensing Agency on 17 March 2008.

[2] The criteria to which we must have regard when considering any application for a General Manager's Certificate are set out in s.121 of the Act as follows:

(a) The character and reputation of the applicant:
(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] The application attracted an adverse report from the Police due to recent criminal and traffic convictions. The application was also opposed by the District Licensing Agency Inspector on the basis of character and reputation.

[4] At the time of the application Mr Singh was employed at the "Hotel Grand Chancellor" at Auckland Airport as a food and beverage bartender where he had worked for approximately one year. On the application form Mr Singh declared a drink drive and drugs conviction some eight years ago. However when a Police check was conducted as part of the vetting procedure it transpired that Mr Singh had accumulated five convictions between 2000 and 2007.

[5] The list of convictions included two previous charges of driving with excess breath alcohol, charges of supplying cannabis and most recently convictions on 9 January 2007 for possession of methamphetamine and failure to answer Police bail.

[6] The applicant was interviewed by the Manukau District Licensing Agency Inspector and questioned about his convictions. Mr Singh stated at the interview that he had declared all of his convictions. This proved not to be the case. When questioned further he did not offer any explanation as to why he had not declared the convictions on his form. It was the Inspector's belief that Mr Singh had deliberately omitted to declare all of his convictions due to their nature and that this was a clear attempt to mislead the reporting authorities.

[7] We understand that Mr Singh has completed the relevant training but he has to this date not produced evidence of having obtained the Licence Controller Qualification.

[8] There has been no appearance from Mr Singh today and the Inspector has been unable to contact him since the date of the interview on 24 April 2008.

[9] In the decision G L Osborne LLA 2388/95 the Authority 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."

[10] Section 117A of the Act also states that we are unable to issue a General Manager's Certificate where no evidence of the Licence Controller Qualification has been provided.

[11] As we have already stated there has been no appearance by Mr Singh in support of his application and we draw the further conclusion that he is no longer interested in pursuing the application.

[12] Accordingly for the reasons given the application is declined.

DATED at WELLINGTON this 15th day of July 2008

B M Holmes
Deputy Secretary

Sukdave Singh.doc(aw)