Pillay v Tuatai [2012] NZLLA 639 (7 June 2012)

Last Updated: 11 July 2012

[2012] NZLLA PH 639-640

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 GM/007/902/10 issued to MAKEA POTIKI TUATAI

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND MAKEA POTIKI TUATAI

Respondent

AND

IN THE MATTER of an application by MAKEA POTIKI TUATAI 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 9 May 2012

APPEARANCES

Constable T Kopyl – NZ Police – applicant and in opposition to application for renewal of General Manager's Certificate
Mr M P Tuatai – respondent and applicant for renewal of General Manager's Certificate

DECISION OF THE AUTHORITY

[1] Before the Authority is an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number GM/007/902/10 issued to Makea Potiki Tuatai.

[2] The grounds for the application are that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate. In particular it was alleged that the respondent has incurred a conviction for common assault. We are also asked to determine an application for the renewal of the certificate which is opposed by the Police on the grounds of that conviction.

[3] The evidence is that the incident occurred on 30 December 2010 when he assaulted his partner. It was noted that he was intoxicated at the time. Mr Tuatai was convicted in the Manukau District Court on 25 March 2011.

[4] Mr Tuatai has full time employment elsewhere but works part time at the “Phoenix Tavern”. He said that he took a part time job there in order to help his partner out and relieve her from time to time.

[5] Mr Tuatai said that he had not touched alcohol since the incident which occurred 18 months ago. This was confirmed by his partner. There have been no further incidents.

[6] We are satisfied that the grounds have been made out and it is desirable to make an order for suspension. Accordingly General Manager's Certificate GM/007/902/10 issued to Makea Potiki Tuatai will be suspended for four weeks commencing on Wednesday 9 May 2012 which is the date elected by Mr Tuatai.

[7] In terms of the renewal application we are satisfied as to the matters set out in s.126 of the Act and renew the certificate. However, the certificate will only be renewed for one year in order for there to be a further probationary period.

DATED at WELLINGTON this 7th day of June 2012

B M Holmes
Secretary

Makea Tuatai.doc(aw)