Patel [2011] NZLLA 140 (9 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 140

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BHIKHU PATEL 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
Member: Mr P M McHaffie

HEARING at WELLINGTON on 24 February 2011

APPEARANCES

Mr B Patel – applicant
Senior Sergeant S D Sargent – NZ Police – in opposition

DECISION OF THE AUTHORITY

[1] This decision relates to an application by Mr Patel for a General Manager's Certificate. The application was opposed by the Police because Mr Patel was convicted on 25 August 2010 of being a male assaulted a female. The offence occurred on 16 April 2010.

[2] Section 121 of the Act sets out the criteria which must be considered in determining any application for a General Manager's Certificate. Those matters are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in controlling any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and evidence the applicant holds the prescribed qualification required under section 117A:

(e) Any matters dealt with in any report made under section 119.

[3] At this stage, the Authority is not prepared to grant the application. Insufficient time has elapsed between the offence and this hearing. In G L Osborne NZLLA 2388/95 the Authority indicated that generally two years should elapse between the date of an offence and the grant of an application for a General Manager's Certificate. The Authority appreciates that in this case liquor was not involved in the offence.

[4] When the applicant gave evidence the Authority noted that he had a poor command of the English language. Apparently he intends to work in a supermarket in Porirua. The Authority doubts that he has the language skills to act appropriately in accordance with s.115 of the Act in such a situation. It concludes, therefore, that he lacks the necessary experience and training (including language training).

[5] Finally, the applicant is presently not working in the liquor industry. As the Authority has commented on many occasions, General Managers' Certificates are not qualifications: they are only granted to persons who are actually working in the liquor industry.

[6] The application is refused.

DATED at WELLINGTON this 9TH day of March 2011

B M Holmes
Secretary

Bhikhu Patel.doc(aw)