Morris v Kaani [2010] NZLLA 1564 (24 December 2010)

Last Updated: 14 January 2011

[2010] NZLLA 1564-1565

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 006/1207/2009 issued to FAKATAGI KAANI

BETWEEN AARON PETER MORRIS

(Police Officer of Henderson)

Applicant

AND FATAKAGI KAANI

Respondent

AND

IN THE MATTER of an application by FATATAGI KAANI 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: Mr P M McHaffie

DECISION

We have before us an application by Constable A P Morris of Henderson Police dated 26 October 2010, for suspension of a General Manager’s Certificate held by Fakatagi Kaani.

We are also asked to determine an application to renew the certificate.

The Police oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On 20 August 2009 Mr Kaani was convicted in the Waitakere District Court with having driven a motor vehicle at which time he registered an excess level of 95 milligrams of alcohol per 100 millilitres of blood. Mr Kaani was under 20 years of age at the time of the offence. The permissible limit in that instance is 30 milligrams per 100 millilitres. Mr Kaani was fined $400 and disqualified from driving for three months.

Mr Kaani failed to declare the conviction when he filed his application for renewal of his manager’s certificate prior to its expiry on 3 June 2010.

The respondent has agreed to suspension of his manager’s certificate. He has also agreed to accept a shortened period of renewal of the certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM 006/1207/2009, issued to Fakatagi Kaani, is suspended for 30 days from 1 February 2011.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 12 months until 3 June 2011. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 24th day of December 2010

______________________
B M Holmes
Secretary

Fakatagi Kaani.doc(ab)