Pillay v Kiriwatana [2010] NZLLA 1140 (14 October 2010)

Last Updated: 29 October 2010

[2010] NZLLA PH 1140-1141

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 of General Manager's Certificate number GM/08/95/2006 issued to SRAN KIRIWATANA

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND SRAN KIRIWATANA

Respondent

AND

IN THE MATTER of an application by SRAN KIRIWATANA pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at AUCKLAND on 7 October 2010

APPEARANCES

Constable S G Cox - NZ Police - applicant and in opposition to renewal of General Manager’s Certificate
Mr S Kiriwatana - respondent and applicant for renewal of General manager’s Certificate
Mr P A Radich - Manukau District Licensing Agency Inspector - in opposition to renewal of General Manager’s Certificate

DECISION OF THE AUTHORITY

[1] This decision relates to two applications, the first if for the suspension of Mr Kiriwatana’s General Manager's Certificate, the second is for its renewal.

[2] The grounds for the enforcement application are that pursuant to s.135(3)(b) of the Act the conduct of the manager was such as to show that he is not a suitable person to hold the certificate. In particular (as he admitted) on 19 July 2008 he committed the offence of being a male assaulted a female (namely, his wife) and on 6 October 2008 was convicted of that offence. The Authority is satisfied that the grounds for the application have been made out.

[3] However, pursuant to s.135(6) the Authority considers that it is not desirable to make any order. The offence occurred over two years ago. The enforcement application was not made until 8 April 2010. It would be unfair for this historic conviction now to result in either a suspension or cancellation of the certificate.

[4] In such a case, however, the Authority would usually renew the manager’s certificate but for a probationary term of 12 months. In this case, however, Mr Kiriwatana has not worked in the liquor industry since March 2010 and has no immediate prospects of so doing. For that reason, alone, it is inappropriate to grant the application for the certificate’s renewal. In this case, in addition, it seems that Mr Kiriwatana’s command of the English language is particularly poor and this raises issues as to his suitability to hold a General Manager's Certificate in any event.

[5] Accordingly, the application for the suspension of the certificate is granted but no order is made pursuant to it.

[6] The application for renewal of the General Manager's Certificate is refused.

DATED at WELLINGTON this 14TH day of October 2010

B M Holmes
Secretary

Sran Kiriwatana.doc(aw)