Chadha, re [2009] NZLLA 538 (26 May 2009)

Last Updated: 2 October 2010

Decision No. PH 538/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LOVLEEN KAUR CHADHA 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: Ms J D Moorhead

HEARING at PAPAKURA on 20 May 2009

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 by Lovleen Kaur Chadha for a General Manager’s Certificate. Pursuant to s.121 of the Act there are a number of criteria to which we must have regard in considering the application. Generally speaking these criteria may be summed up in the word ‘suitability’. It is necessary for us to be satisfied that the applicant is suitable to carry out the responsibility of controlling the sale and supply of liquor at the licensed premises nominated in the application.

[2] In this case we have heard from a technical adviser who has been working with the Department of Labour and Immigration New Zealand for 21 years. She advised us that Ms Chadha had arrived in New Zealand on 24 June 2008 with her mother to visit a family relation. Upon arrival she was given a Visitor’s Permit. This document does not allow the holder to obtain employment in this country.

[3] In April of this year Ms Chadha was discovered in an Indian restaurant where she had obtained employment, and where she was intending to use her certificate should it be granted. She was therefore working in breach of her Visitor’s Permit. The permit was accordingly revoked. She was sent a Notice of Revocation in April by way of registered mail. The revocation of her permit will become effective on 26 May next.

[4] Pursuant to the Immigration Act, from the moment that one is in New Zealand unlawfully, one has an obligation to leave the country. The law provides that if Ms Chadha remains in New Zealand for a period of six weeks following 26 May, and does not lodge an appeal to the Removal Review Authority within that period of time, she may be removed from New Zealand.

[5] From the foregoing it is quite clear that Ms Chadha is unable to obtain employment in this country. It is equally clear therefore that she would be unsuitable to be the holder of a General Manager’s Certificate. Furthermore it seems that she has appreciated her situation because she has not proceeded to the next phase of obtaining the Licence Controller Qualification or being interviewed by the District Licensing Agency inspector.

[6] All in all there are a number of serious impediments to the grant of the application. These are aggravated by the fact that Ms Chadha has not appeared, although she gave notice that she did not intend to be present.

[7] For the reasons that we have stated the application is now refused.

DATED at WELLINGTON this 26th day of May 2009

B M Holmes
Deputy Secretary

Lovleen Kaur Chadha.doc(jeh)