Sahota [2009] NZLLA 1161 (14 October 2009)

Last Updated: 28 January 2012

Decision No. PH 1161-1162/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by WENDY JASMINE SAHOTA pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

AND

IN THE MATTER of an application by MALKIAT SINGH SAHOTA pursuant to s.123 of the Act for 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 MANUKAU on 1 October 2009

APPEARANCES

Mrs W J Sahota – applicant
Mr M S Sahota – 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] Before the Authority are two applications for renewal of General Managers’ Certificates. The applications were filed by Wendy Jasmine Sahota and her husband Malkiat Singh Sahota.

[2] Mr and Mrs Sahota have held their certificates since 7 June 2002. The certificates fell due for renewal on 7 June 2009. They duly filed renewal applications but acknowledged that they were no longer employed in the industry.

[3] The situation is that they were operating an off-licence which they sold in June 2007. They have not used their certificates since that time. They have however, appeared in support of their applications. This was on the basis that they would like if possible to retain their certificate because they may return to the industry at a later time. There is no current indication that this is likely.

[4] Pursuant to s.126 of the Act there are certain criteria to which we must have regard when considering renewal applications. These criteria include:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[5] There is nothing known adversely about the character and reputation of either of the applicants. There are no convictions that are relevant. It is difficult to deal with the manner in which they have sold or supplied liquor because they have not done so for some time.

[6] Both the Police and the Inspector have correctly referred us to previous decisions in which we have enunciated a policy in respect of renewal and grants of certificates. That policy is referred to in decision K A H Douglas LLA PH 554/2001, in which we said:

“We are not in the business of adding qualifications to persons simply to add to their curriculum vitae so that they may use them from time to time. We are in the business of providing certificates to managers who are committed to the industry and have employment within it. Mr Douglas does not fit that bill. We therefore intend to decline the application today.”

[7] Basically our policy is not to issue or renew certificates in a vacuum. We believe they should be working documents because it is important that the holders are continually upskilled in their understanding of the workings the Act and any amendments that may be made from time to time.

[8] There is nothing to stop Mr and Mrs Sahota applying for certificates at any time in the future, and there appear to be no reasons that we are aware of, that might prevent the grant of new certificates.

[9] We note that they have made the effort to appear today. In an effort to be reasonable we are prepared to renew the certificates for one year. This means that they will fall due again for renewal on 7 June 2010, which is in approximately eight months’ time. If in fact they are not involved in the industry at that time, they may well feel that any further applications for renewal would be fruitless.

[10] The certificates are accordingly renewed for 12 months.

DATED at WELLINGTON this 14th day of October 2009

B M Holmes
Deputy Secretary

Wendy & Satnam Sahota.doc(aw)