Singh [2009] NZLLA 1290 (20 November 2009)

Last Updated: 29 January 2012

Decision No. PH 1290/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

HEARING at AUCKLAND on 27 October 2009

APPEARANCES

No appearance by or on behalf of applicant
Miss C A Veza – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Malkit Singh for a General Manager’s Certificate.

[2] The applicant filed his application with the Auckland District Licensing Agency of the Auckland City Council on 14 October 2008. The criteria for a manager’s certificate are in s.121 of the Act and in considering any application for a General Manager’s Certificate the Licensing Authority, or District Licensing Agency, must have regard to the following matters:

(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 controlling 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 that the applicant holds the prescribed qualification required under section 117A:
(e) Any matters dealt with in any report made under section 119.

[3] The applicant was required by the Agency to attend two interviews. The first interview was arranged for 12 November 2008 and at the conclusion of that interview the applicant was advised that he had to come back for a further interview as he did not display a good understanding of the Act or his responsibilities. On 19 November 2008 Mr Singh came in for a second interview and again displayed unsatisfactory knowledge of his legal responsibilities and his English was limited.

[4] Mr Singh is the holder of a Licence Controller Qualification which was issued to him on 16 September 2008. The District Licensing Agency Inspector advised the hearing that she had tried to contact the applicant to confirm his attendance at the hearing but she was unable to establish contact with him.

[5] There was no appearance by the applicant before the Authority. The assumption is that the applicant is no longer interested in pursuing his application and as a consequence the application is now refused.

DATED at WELLINGTON this 20TH day of November 2009

B M Holmes
Deputy Secretary

Malkit Singh.doc(jeh)