Kumar [2012] NZLLA 1049 (25 September 2012)

Last Updated: 16 October 2012

[2012] NZLLA PH 1049-1050

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NALINI KUMAR pursuant to s.118 of the Act for a General Manager's Certificate

AND

IN THE MATTER of an application by NALINI KANTA KUMAR 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: Ms J D Moorhead

HEARING at NAPIER on 19 September 2012

APPEARANCES

Mrs N K Kumar – applicant
Mr J P Sheehan – Napier District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] The Authority was faced with two applications by the same applicant for a General Manager's Certificate. The Authority required the applicant to elect which application she wished to proceed with. In the circumstances she elected to withdraw the application dated 26 March 2012 (GM 113/2012).

[2] Initially the application dated 6 January 2012 was opposed by the Inspector because the applicant displayed an inadequate knowledge of the Act. Ultimately, as a result of the Inspector’s urging, the applicant undertook a course of study and gained the Licence Controller Qualification. Her certificate is dated 19 March 2012.

[3] By the time the applicant obtained the Licence Controller Qualification, she knew that the application dated 9 January 2012 was opposed by the Inspector and that it had been referred to the Authority for determination.

[4] In evidence, the applicant stated that she thought it would “be quicker” if she made a new application to the Hastings District Licensing Agency for a General Manager's Certificate rather than persist with the original application of 6 January 2012. Accordingly, the second application dated 26 March 2012 was filed with the Hastings District Licensing Agency. At the time the applicant was running a restaurant in Napier and also a restaurant in Hastings. The Hastings restaurant has now closed.

[5] The Inspector, Mr Sheehan, together with Mr J H Lovatt (the Inspector for the Hastings District Licensing Agency) submitted that the applicant was unable to satisfy them and the Authority that her character and reputation was such as to entitle her to a General Manager's Certificate. They considered her action in filing the new application dated 26 March 2012 in Hastings was a device to circumvent the opposed hearing of the application dated 6 January 2012. In short, they considered that she had engaged in devious conduct which was intended to mislead the Hastings District Licensing Agency.

[6] The Authority agrees. Further, the Authority found that applicant’s evidence confusing, inconsistent and self serving.

[7] In the circumstances the applicant is unable to satisfy the Authority as to her good character and reputation. She does not qualify for a General Manager's Certificate.

[8] Accordingly, the application is refused.

DATED at WELLINGTON this 25th day of September 2012

B M Holmes
Secretary

Nalini Kumar.doc(aw)