Gheewala [2011] NZLLA 1129 (10 October 2011)

Last Updated: 17 October 2011

[2011] NZLLA 1129

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole

Members: Dr J Horn

Mr P M McHaffie

FINAL DECISION

In decision [2011] NZLLA PH 589, following a public hearing at Wellington on 15 June 2011, we adjourned an application by Pinkesh Dineshkumar Gheewala for a General Manager’s Certificate for three months.

The Police had opposed the application on the basis of Mr Gheewala’s having sold liquor to a minor in a controlled purchase operation resulting in a charge under s.155(2) of the Act. Mr Gheewala subsequently received Police diversion.

We required the applicant to undergo a minimum ‘stand-down’ period, at the end of which he was to provide to the District Licensing Agency Inspector a guarantee of employment in licensed premises known as “Colway Bottle Store” to which Mr Gheewala undertook to remain tied for the purposes of utilising his certificate.

The Agency Inspector has provided our Secretary with a letter from the licensee and we are now prepared to grant the application on the papers.

We are satisfied as to the matters to which we must have regard in s.121(1) of the Act and we grant the application. The certificate, which will be annotated to reflect the undertaking, may issue immediately.

No such undertaking is infinite. In the due fullness of time Mr Gheewala may apply to the District Licensing Agency, or this Authority for release from the undertaking.

DATED at WELLINGTON this 10th day of October 2011

B M Holmes
Secretary

Pinkesh Gheewala2.doc(ab)