Cox v Singh [2012] NZLLA 1203 (26 October 2012)

New Zealand Liquor Licensing Authority

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Cox v Singh [2012] NZLLA 1203 (26 October 2012)

Last Updated: 12 November 2012

[2012] NZLLA PH 1203

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 suspension or cancellation of General Manager's Certificate number GM/08/210/2006 issued to PARMINDER SINGH

BETWEEN STEPHEN GOODHALL COX

(Police Officer of Auckland)

Applicant

AND PARMINDER SINGH

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 19 October 2012

APPEARANCES

Constable S G Cox – NZ Police – applicant
Mr A Singh – for respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application brought under s.135 of the Act seeking the suspension or cancellation of the General Manager's Certificate issued to the respondent.

[2] At the hearing it was conceded that the grounds for the application had been established. They were that on 8 and 9 June 2012 the conduct of the manager was such as to show that he was not a suitable person to hold a General Manager's Certificate. On both of those days he authorised the sale of liquor on premises where the licence had expired. Significantly, he had continued to authorise the sale of liquor on the premises on 9 June 2012 after he had been warned on 8 June 2012 concerning the matter.

[3] At the hearing, the Police did not seek an order. They pointed out that the respondent in his capacity as a licensee had sustained a significant loss of income as a result of his failure to renew his off-licence. In all the circumstances it was considered that he had suffered enough.

[4] The Authority agrees.

[5] Accordingly, in accordance with s.135(6) of the Act the Authority records that it is not desirable that any order be made.

DATED at WELLINGTON this 26th day of October 2012

B M Holmes
Secretary

Parminder Singh.doc(aw)