Fawcett v Samia [2012] NZLLA 1097 (5 October 2012)

Last Updated: 5 November 2012

[2012] NZLLA 1097

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 cancellation of General Manager’s Certificate number GM/042/12/2009 issued to JONATHAN DAMIAN SAMIA

BETWEEN DEAN JOHN AULDER FAWCETT

(Police Officer of Masterton)

Applicant

AND JONATHAN DAMIAN SAMIA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Members: Ms J D Moorhead
Mr D E Major
Mr R S Miller

DECISION

We have before us an application by Constable D J A Fawcett of Masterton Police dated 12 September 2012, for cancellation of a General Manager’s Certificate held by Jonathan Damian Samia.

The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On Monday 4 June 2012 while employed in the capacity of duty manager of licensed premises, Mr Samia misappropriated monies intended for the refill of gaming machines. On 12 September 2012 he was convicted in the Masterton District Court on a charge of theft by a person in a special relationship. He was ordered to make restitution, fined $400 and sentenced to 150 hours community work.

The respondent does not dispute the ground for the application and he has agreed to cancellation of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/042/12/2009, issued to Jonathan Damian Samia, is hereby cancelled.

DATED at WELLINGTON this 5th day of October 2012

B M Holmes
Secretary

Jonathan Samia.doc(ab)