Sagala [2012] NZLLA 770 (5 July 2012)

Last Updated: 20 July 2012

[2012] NZLLA PH 770

IN THE MATTER of the Sale of Liquor Act 1989

AND

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

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at PAPAKURA on 19 June 2012

APPEARANCES

Mr J Sagala – applicant
Mr G Whittle – NZ Police – in opposition
Mr A Wilkinson – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This is an application by John Sagala pursuant to s.118 of the Act for a General Manager's Certificate. The application was filed with the Auckland District Licensing Agency on 13 February 2012. It was supported with a copy of the required Licence Controller Qualification issued on 5 September 2011.

[2] There is Police opposition to the application as Mr Sagala failed to disclose his previous convictions. On the application form Mr Sagala responded to the question as to whether he had any convictions with the answer “no”. The criteria that we must consider are set out in s.121 of the Act. They include both convictions and the character and reputation of the applicant. Non disclosure of convictions is a matter that we must consider in terms of character and reputation. It was explained to Mr Sagala that this was the reason for the public hearing as he seemed to be under a misapprehension in this regard.

[3] As the Authority stated in the guideline decision of G L Osborne we expect a stand down period of at least five years conviction free before we would consider granting such an application for a General Manager's Certificate. In this case that period has passed with the last offence occurring five years ago in June 2007.

[4] Mr Sagala is employed at the “Kingsgate Hotel” in Parnell where he has been a night manager for almost a year. He provided a supportive reference from his employer. Mr Sagala has given an undertaking only to utilise the certificate, if granted, at these premises during the probationary first year.

[5] Mr Sagala is in most respects an excellent candidate having overcome his early difficulties with the law. He is now married with four children. The only issue remaining is that of the nondisclosure. While we do have some difficulty with this, we are prepared to give him the benefit of the doubt.

[6] The application is granted. The certificate can be issued immediately and will be endorsed undertaking given. Mr Sagala may apply to the District Licensing Agency Inspector or this Authority to be released from the undertaking should circumstances change.

DATED at WELLINGTON this 5th day of July 2012

M Galvin
Deputy Secretary

John Sagala.doc