Ryan, re [2004] NZLLA 465 (23 July 2004)

Last Updated: 25 April 2010

Decision No.

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 the suspension of General Manager’s Certificate number GM 038/47/2001 issued to TERRY IVAN SIGVERTSEN

BETWEEN GRANT DAVID VERNER

(Police Officer of Wellington)

Applicant

AND TERRY IVAN SIGVERTSEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 14 July 2004

APPEARANCES

Sergeant G D Verner - NZ Police - applicant
Mr T I Sigvertsen - respondent
Mr R S Putze - Wellington District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the suspension of a General Manager’s Certificate issued to Terry Ivan Sigvertsen. The application is brought pursuant to s.135 of the Act, on the ground that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

[2] The particulars in support of that ground relate to a conviction incurred by Mr Sigvertsen for driving with an excess blood alcohol content. The facts show that around about 5.30 am on Friday 5 December 2003, Mr Sigvertsen’s motor vehicle was stopped for a minor traffic incident. Mr Sigvertsen appeared to be affected by liquor, and he underwent an evidential breath test which produced a result of 544 micrograms of alcohol per litre of breath. He elected to have a sample of blood taken which subsequently produced a result of 119 milligrams of alcohol per 100 millilitres of blood.

[3] At the time of the offending, Mr Sigvertsen was the holder of a General Manager’s Certificate. When the conviction came to the notice of the Police, the application was filed. It is noted that the conviction was recorded on 5 April 2004, and was aggravated by the fact that there was a previous conviction on 17 October 1996. Mr Sigvertsen has given evidence before the Authority. He has acknowledged that he made a mistake on this morning, and thought that he was fit enough to drive. He says that the “Exchange Hotel” where he works in the Hutt has no problems with persons being intoxicated or under age, and that he has now been a duty manager for almost four years having commenced his employment in Feilding.

[4] As is commonly known, the Act has its object is the reduction of liquor abuse as far as that can be achieved by legislative means. In a decision known as Alastair Robert Lyon LLA PH 57/2003 the Authority made the statement:

“In our view if managers are guilty of breaches of 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.”

[5] In this case it would appear that Mr Sigvertsen has learned a valuable lesson. Nevertheless we feel that a suspension is appropriate not just to bring home the message to Mr Sigvertsen, but to the other holders of General Manager’s Certificates.

[6] Taking into account the previous matter, the determination of the Authority is that the General Manager’s Certificate will be suspended for a period of one month. We confirm that the suspension will commence on Wednesday 14 July 2004.

DATED at WELLINGTON this 23rd day of July 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Terry Sigvertsen.doc(afw)