Clement v Walker [2003] NZLLA 514 (30 July 2003)

Last Updated: 23 November 2010

Decision No. PH 514/2003

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 002/GM/44/2001 issued to TANIA LORRAINE WALKER

BETWEEN HOWARD PHILIP CLEMENT
(Police Officer of Whangarei)

Applicant

AND TANIA LORRAINE WALKER

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at WHANGAREI on 10 July 2003

APPEARANCES

Sergeant H P Clement – NZ Police - applicant
Mr C Muston - for respondent
Mrs M Wan – Whangarei District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Sergeant Howard Philip Clement for the suspension or cancellation of a General Manager’s Certificate issued to Tania Lorraine Walker. The ground for the application is that the manager is not a fit and proper person to hold a manager's certificate. The basis for the application relates to an incident on 17 February 2003. On that date, Ms Walker was convicted in the Whangarei District Court for driving with an excessive breath alcohol content. The level was stated to be 982 micrograms of alcohol per litre of breath. Ms Walker was fined a total of $820 and disqualified from holding a driver’s licence for 8 months and 14 days.

[2] The record indicates that this is an isolated offence aggravated by the level of alcohol in the breath. Ms Walker is currently employed at two licensed premises. It is clear that any suspension will have a considerable impact upon her chosen vocation. On the other hand as was stated in the case of Alistair Robert Lyon PH 57/2003:

“If persons who are holders of General Manager’s Certificate’s are found guilty of breaches involving the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[3] It is anticipated that managers of licensed premises will set an example to their patrons, and that all managers will understand that any involvement in the abuse of liquor will place their certificates at risk. In this case with the help of Ms Walker’s counsel a period of five weeks stand-down or suspension period has been agreed. We accept that this is a reasonable solution to the application.

[4] Accordingly we confirm that as from Monday, 14 July 2003 Ms Walker’s General Manager’s Certificate No. 002/GM/44/2001 will be suspended for five weeks.

DATED at WELLINGTON this 30th day of July 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

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