Singh [2009] NZLLA 1160 (14 October 2009)

Last Updated: 28 January 2012

Decision No. PH 1160/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by SANJIT 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: Dr J Horn

HEARING at ROTORUA on 5 October 2009

APPEARANCES

No appearance by or on behalf of applicant
Ms J A Smale – Rotorua District Licensing Agency Inspector – in opposition
Sergeant M J Membery – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Sanjit Singh for a General Manager's Certificate. The criteria to which we must have regard are set out in s.121 of the Act. In this particular case Mr Singh has failed to establish some of these criteria.

[2] The application was lodged with the District Licensing Agency on 20 October 2008 (almost 12 months ago). At the time Mr Singh through his company was in the process of purchasing a licensed restaurant.

[3] The application was opposed on a number of grounds. Mr Singh was interviewed in October last year but his knowledge of the Act was unsatisfactory. He was interviewed again on 30 September 2009. While there was a slight improvement in his knowledge of the Act, and his responsibilities under the Act, the Inspector was not filled with confidence about his general understanding. In her report she suggested that there be a further period of study followed by another interview.

[4] The application was also opposed by the Police. They made reference to the fact that Mr Singh had a previous conviction involving liquor abuse. It was alleged that he had an historical conviction for an offence on 9 August 2002 for driving with excess breath alcohol content. The level on that occasion was 690 micrograms of alcohol per litre of breath. Mr Singh was duly convicted and fined and disqualified from driving. We accept a sufficient period of time has elapsed not to allow that matter to affect the grant of the certificate.

[5] The second undisclosed matter was rather more serious. There was a charge of common assault which occurred on 8 July 2007. Mr Singh was said to be intoxicated at the time of the assault. The charge was dealt with by way of restorative justice. In the event Mr Singh was convicted and ordered to come up for sentence if called upon within the next 12 months. It could be argued that a period of two years has now elapsed since that incident.

[6] There was a third matter but the Police have failed to investigate the allegation in any depth. Mr Singh has had no chance to respond to the allegation. In those circumstances it seems safer to ignore this area of concern.

[7] Mr Singh failed to appear in support of his application. A telephone call was made to the reception of the Rotorua District Council advising that he had a fever. He was told that the application would proceed in his absence. No medical certificate has been supplied to us. It is unclear what the position is. In view of the fact that Mr Singh has failed to satisfy the Inspector about his knowledge of the Act, then it seems to us that if he wishes to obtain a certificate, a fresh application will be necessary. In the interim he can obtain more training.

[8] It is accepted that as the other matters have now been aired, then subject to his satisfying the Inspector as to his knowledge and understanding of the Act, there should be no difficulty about any future application being granted.

DATED at WELLINGTON this 14th day of October 2009

B M Holmes
Deputy Secretary

Sanjit Singh.doc(aw)