Verner v Newton [2004] NZLLA 921 (23 December 2004)

Last Updated: 25 January 2012

Decision No. PH 921/2004

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 049/GM/237/2002 issued to BEVAN WATKINSON NEWTON

BETWEEN GRANT DAVID VERNER
(Police Officer of Wellington)

Applicant

AND BEVAN WATKINSON NEWTON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 15 December 2004

APPEARANCES

Sergeant G D Verner - NZ Police - applicant
Mr B W Newton - 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 Bevan Watkinson Newton. Mr Newton has held his General Manager’s Certificate since 28 June 2002. He is 52 years of age. For the last three years, he has used his manager’s certificate operating the catering side of a golf club based in Miramar.

[2] The ground for the application is that Mr Newton’s conduct has been such as to show that his suitability has been put in question. In particular the evidence is that at approximately 1.40 am on 24 July 2004, Mr Newton was observed to get into his motor car which was parked near the Strathmore “Local Bar”. He failed a breath screening test, and a subsequent evidential breath test revealed a proportion of 514 micrograms of alcohol per litre of breath.

[3] Mr Newton says that he considers himself a responsible person, and that he has particular regard to the provisions of the Act. On this occasion he let his guard down, after playing in a local pool competition. His responsibility is evidenced by the fact that at his age he only has the one conviction, and he is entitled to credit for that. On the other hand the Authority has taken the view that where there are matters involving liquor abuse, a form of sanction should be imposed as an example to others, and in an attempt to raise the standards for all General Managers.

[4] The expectation is that such managers will set examples to their patrons as well as ensuring their safety. In a decision of Alastair Robert Lyon LLA PH 57/2003 it was said:

“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 the circumstances, taking into account Mr Newton’s otherwise good conduct, it is proposed to suspend his General Manager’s Certificate for a period of two weeks commencing on Wednesday 22 December 2004.

DATED at WELLINGTON this 23rd day of December 2004

_____________________
B M Holmes
Deputy Secretary

Bevan Watkinson Newton.doc(afw)