Kaigula v Ambiah [2010] PGDC 21; DC968 (10 June 2010)

DC968

PAPUA NEW GUINEA
IN THE DISTRICT COURT OF JUSTICE SITTING IN ITS CRIMINAL JURISDICTION

Cr, No 191 of 2010

BETWEEN:

LAZARUS KAIGULA
Informant

AND:

VINCENT AMBIAH
Defendant

LIHIR: 2010, JUNE 10
B: TASIKUL

CRIMINAL LAW: A licensee who sell liquor after his/her license is expired is unlicensed for this purpose. Renewal of Liquor license is upon approval by the Provincial Liquor Licensing Board.

REFERENCE:

New Ireland Provincial Liquor and Sale Distribution Act, s.50 (1)

CASES CITED:

Nil

APPEARING FOR THE DEFENDANT: In person
APPREARING FOR THE PROSCUTION: Senior Constable Tananga

DECISION

1. B.TASIKUL: The defendant was charged for selling liquor without a license an offence under s.50 (1) of the New Ireland Provincial Liquor Sale and Distribution Act, 2005.
   
2. The following are the brief facts of the matter, on Sunday the 02nd of April 2010 the defendant sold liquor to a customer by the name of Felix Teo. He also kept his premises open for the sale of liquor knowing well that his liquor license has been expired on the 31st 0f December 2009. On the 06th of April 2010 after continues pressure from the police for him to produce his licensee the defendant then pay K1000.00 as a renewal to his license.
   
3. He contested that,it was a norm practice that when a license expired every end of the year, they were allowed to continued trading until the New Ireland Provincial Liquor Licensing Board sits and decided whether to renew their license or not. He further contested that there has been a change in the appointment of the chairman that is why the Board has not convey to consider the renewal of all license.
   
4. The New Ireland Provincial Liquor Act 2005 was approved by the Ministry for Inter-Government Relation on the 21st January 2006 by the then Peter Barter the Minister for Inter- Government Relation.
   
5. This Law came in to force as from that date. This piece of legislation gave the New Ireland Provincial Government to conduct its business in relation to Liquor licensing. Section 3 of the Act provides for the establishment of the Provincial Liquor Licensing Board. Section 9 gives the Board the power to grant or refuse to grant a licence, certificate, authorities, or permit. Furthermore it may grant or refuse to grant the renewal, alteration, transfer, or the removal of a licence.The Board also has the power to cancel or suspend a license.
   
6. The defendant is the owner of a storekeepers license no LHR NIS 04/08 His license trading hours is from Monday to Saturday between 800hrs to 2200hrs only. He is not allowed to open on a Sunday. His license was for one calendar year commencing on 20th November 2008 to the 31st December 2009.
   
7. I have consulted the Act and I have found nothing in the Act giving the authority to the defendant to trade or sell liquor after his license has been expired. The defendant likewise, has not produce to this court any evidence to the effect.
   
8. It is my view that once a license is expired, it would be illegal for a licensee to continued on trading or selling liquor. He has to re-apply to the Board for the renewal of his license. There is no provision in the Act allowing Licensee to operate awaiting the renewal or granting of their license by the Board.
   
9. Even though, you may have been operating for some years, the law is clear that you must re-apply for the renewal of your License. With the payment you made on the 06th of April 2010 without the approval of the board I am of the view that it is not proper for you to assume that this give you the right to continued to sell liquor. However, I am satisfied that you have now been issued with a license which was back dated to the 06th April 2010 the date you made payment.
   
10. However, on the 02nd April 2010 you did not have a valid license to sell liquor, basically because you license have expired.
    
11. Iam therefore satisfied beyond reasonable doubt that the defendant has been selling liquor without a valid Liquor license during the duration that his license was already expired.
    
12. I therefore find the defendant guilty as charge.
    

SENTENCE

Having found you guilty let, me make a few remarks, this may have been a practice in the past that when a license is expired a licensee may continued to sell or trade liquor until the Board issue a new license, however, this is a wrong perception. The law is very clear when a license is expired a licensee must renewal his/her license.

She/he has the responsibility to make sure that when the time for the license to expired he must make every effort to consult with the office of the Liquor License Commission in Kavieng to arrange for the renewal of the license.

You must not wait for the expiry date to come and then run around trying every possible way to escape the law. As a respected member of the Nimarmar Local Level Government you should be aware of this law.

This provision carries a fine of K5, 000.00. However, taking into account that you, as a first time offender, I ordered that you pay a fine of K2000.00 in default be sentence to six months imprisonment. I further ordered that the one hundred and eight (108) carton of SP green can, seventy one(71) negreta bottles and cash of K460.00 be forfeited to the state and will be dispose off after 30 days.