Ruengrith [2011] NZLLA 183 (10 March 2011)

Last Updated: 25 March 2011

[2011] NZLLA PH 183

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 16 February 2011

APPEARANCES

Mr A P Comeskey – for applicant
Sergeant J P Loye – NZ Police – in opposition
Mr A Phillips – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application for renewal of a General Manager's Certificate held by Thanakit Ruengrith. The certificate was first issued on 27 August 2009. Consequently this is the first application for renewal of the certificate following what is commonly termed a probationary year.

[2] The application for renewal indicated that the applicant had not been convicted of any offences since the issue of the manager’s certificate. This was however, not the case. The evidence discloses that Mr Ruengrith was convicted in the Auckland District Court on 14 June 2010 for an offence committed on 6 March 2010 of assaulting a person with a blunt instrument. He was convicted and ordered to pay reparation of $500 and to undergo community work of 50 hours.

[3] Mr Ruengrith advised that he had not in fact completed the application form which had been filled out for him by his employer. He said that he had signed it without reading it.

[4] The Police opposition was based on the grounds that Mr Ruengrith had incurred a conviction as well as failing to disclose it. The summary of facts discloses the details of the incident which occurred at approximately 5.00 am on Saturday 6 March 2010 when Mr Ruengrith was with his wife in the “Sixth Sense Bar” situated in Windham Street, Auckland City. Mr Ruengrith took exception to a male patron taking an interest in his wife. He became enraged and picked up a nearby beer bottle hitting the victim on the head with it. As a result of the assault the victim received a bruised and cut head and three smaller cuts to his left shoulder and neck.

[5] Not only are we concerned that this incident took place within the probationary year. We note that the most recent incident is the fourth conviction the applicant has received in a four year period during the time that he has been in New Zealand.

[6] It was also noted that the General Manager's Certificate had been issued subject to an undertaking relating to the applicant’s work visa status. It transpired during the course of the hearing that Mr Ruengrith’s visa expired on 2 February and that he is not permitted to work. Indeed he is unlawfully in the country.

[7] In the circumstances and taking into account the criteria set out in s.126 of the Act the application must be declined.

DATED at WELLINGTON this 10TH day of March 2011

B M Holmes
Secretary

Thanakit Ruengrith.doc(aw)