Patton v Singh [2012] NZLLA 329 (28 March 2012)

Last Updated: 4 May 2012

[2012] NZLLA PH 329-330

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 of General Manager’s Certificate number GM/060/1103/2007 issued to GURPREET SINGH

BETWEEN IAIN PATTON

(Police Officer of Christchurch)

Applicant

AND GURPREET SINGH

Respondent

AND

IN THE MATTER of an application by GURPREET SINGH pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

HEARING at CHRISTCHURCH on 13 March 2012

APPEARANCES

Constable S J Joy – NZ Police – applicant and in opposition to application for renewal of General Manager’s Certificate
No appearance by or on behalf of respondent and applicant for renewal of General Manager's Certificate
Miss F A Proudfoot – Christchurch District Licensing Agency Inspector – in opposition to application for renewal of General Manager’s Certificate

DECISION

[1] We have before us an application by Constable Iain Patton of Christchurch Police dated 27 September 2011, for suspension of a General Manager’s Certificate held by Gurpreet Singh.

[2] We are also asked to determine an application to renew the certificate. The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

[3] The evidence is that at about 1.45 pm on 28 July 2010 Mr Singh was at work at “Super Liquor” on Edgeware road, Christchurch. An associate of Mr Singh drove the company van to nearby premises in order to replenish fuel containers. The associate was a disqualified driver. This was known to Mr Singh as he was also disqualified at the same time having been convicted of unauthorised street racing. Mr Singh lied to the Police saying that he, not his associate had driven the vehicle in an effort to avoid the vehicle being impounded. Mr Singh was convicted in the Christchurch District Court on 6 August 2010 of obstructing an enforcement officer. Mr Singh then failed to declare the conviction on his application for the renewal of his General Manager’s Certificate.

[4] Mr Singh has not appeared in response to the suspension application and we take the inference by his absence that he is no longer interested in pursuing his application to renew his manager’s certificate.

[5] In the circumstances we are unable to be satisfied as to the matters to which we must have regard in s.126 of the Act and renewal of the certificate is refused. It follows, therefore, that the Police application pursuant to s.135 of the Act has been rendered nugatory.

DATED at WELLINGTON this 28TH day of March 2012

B M Holmes
Secretary

Gurpreet Singh.doc