Rodley v Patel [2009] NZLLA 889 (12 August 2009)

Last Updated: 25 January 2012

Decision No. PH 889/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager’s Certificate number 046/GEN/1548/04 issued to DINESH BHAI PATEL

BETWEEN AMANDA MARION RODLEY

(Police Licensing Administrator of Wellington)

Applicant

AND DINESH BHAI PATEL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 6 August 2009

APPEARANCES

Sergeant J R Thurston – NZ Police – applicant
Mr D B Patel – respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by the Police for the suspension or cancellation of a General Manager’s Certificate issued to Dinesh Bhai Patel.

[2] Mr Patel has held his certificate since 2004, although he has been involved in the hospitality industry for a great number of years. In all that time this is the first occasion that he has been required to appear before the Authority.

[3] The application has been brought on the ground that Mr Patel’s conduct has been such as to show that he is not a suitable person to hold the certificate. The evidence is that at approximately 10.25 pm on Wednesday 31 December 2008, he was the driver of a motor vehicle in Wellington. Breath test procedures were carried out. This resulted in Mr Patel being found to have a level of 533 micrograms of alcohol per litre of breath. Mr Patel acknowledged that he had had a few drinks and was driving home.

[4] Mr Patel is a mature individual. He is clearly very sorry for what happened. His behaviour was to some extent aggravated by an historical matter that occurred some 18 years previously. Mr Patel uses his certificate reasonably regularly. However, this is more to assist others by way of working as a replacement from time to time.

[5] Having heard from Mr Patel we are satisfied that he is able to make the connection between achieving the object of the Act and his own personal behaviour. He is part of the educative process nationwide, designed to make managers focus on the Act’s objective, and the need to try to encourage a national reduction of liquor abuse. As was said in the decision of Martin Ferguson v Alister Robert Lyon LLA PH 57/2003:

“It is our view that if managers are guilty of breaches of the drink/driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[6] In all the circumstances we have decided that General Manager’s Certificate number 046/GEN/1548/04, issued to Dinesh Bhai Patel, will be suspended for a period of four weeks commencing on Thursday 6 August 2009.

DATED at WELLINGTON this 12th day of August 2009

B M Holmes
Deputy Secretary

Dinesh Patel.doc(jeh)