Chahal and Kaur [2009] NZLLA 1202 (20 October 2009)

Last Updated: 29 January 2012

Decision No. PH 1202 - 1203/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of applications by SANDEEP SINGH CHAHAL and GURDEEP KAUR pursuant to s.118 of the Act for General Managers’ Certificates

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at WHAKATANE on 8 October 2009

APPEARANCES

Mr W Ah Chan – agent for applicants
Mr I P Major – Whakatane District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority are applications by Sandeep Singh Chahal and Gurdeep Kaur for General Managers’ Certificates.

[2] Mr Chahal and his wife Mrs Kaur are involved in a grocery store operation in Te Teko. They took over the business in approximately March 2009. They had been appointed as temporary managers by the previous licensee. With the help of their licensing consultant they obtained a temporary authority to operate the grocery-style business from 3 March 2009 to 2 June 2009.

[3] Mr Ah Chan filed a second temporary authority application on 22 May 2009 with the Whakatane District Licensing Agency. Unfortunately the Inspector was away on sick leave and the application was not referred to the Police until a week later. The Police report (which did not oppose the application), was not in fact received back until 11 June 2009, over a week after the request. There was considerable delay in processing the application, none of which could be said to be the fault of the applicants. The nett result was that there was no longer a temporary authority as from 2 June 2009.

[4] By chance the Inspector was in the area on 9 June 2009 and noted that liquor was being sold. Indeed he arranged for liquor to be purchased. He entered the store and noted that the duty manager was Mrs Gurdeep Kaur. She was not in the store but was apparently out the back and out of view of customers. Mr Chahal acknowledged that he had recently made a sale but said that he was operating under a temporary authority. However, it was pointed out to him that the temporary authority had expired on 2 June last. He apologised and said that he would stop selling immediately. At that stage Mrs Kaur came in and apologised also. The further temporary authority was eventually issued on 11 June and has since been renewed. The current temporary authority is due to expire on 10 December 2009.

[5] One of the reasons for both parties obtaining managers’ certificates was an intention to convert an empty shop next door into a bottle store. That application has now been withdrawn, and the parties intend to apply to obtain a new grocery style off-licence in respect of the current operation.

[6] Apart from this incident there are no other issues recorded against either applicant. They comply with the criteria set out in s.121 of the Act. In other words their character and reputation are considered satisfactory, and they have no relevant convictions. They are the holders of the Licence Controller Qualification and they now have considerable experience. It seems to us therefore, that the effort of appearing before us, the loss of income arising from being prevented from selling liquor for a few days, and the need to instruct a licensing consultant, have provided a sufficient learning experience to make both of the applicants well aware of the expectations that we have for the holders of such certificates as well as the responsibilities that go with the privilege of being a duty manager.

[7] In all those circumstances we have decided that both applications will now be granted.

DATED at WELLINGTON this 20th day of October 2009

B M Holmes
Deputy Secretary

Sandeep Chahal and Gurdeep Kaur.doc(jeh)