Pirovano v Stanford [2007] NZLLA 210 (13 March 2007)

Last Updated: 28 February 2010

Decision No. PH 210/2007

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 of General Manager’s Certificate number GM/07/819/04 issued to SUSAN REBECCA STANFORD

BETWEEN KATHARINE ANNE PIROVANO

(Police Officer of Queenstown)

Applicant

AND SUSAN REBECCA STANFORD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at QUEENSTOWN on 28 February 2007

APPEARANCES

Sergeant A J Harris – NZ Police – applicant
No appearance by or on behalf of respondent
Ms T J Surrey – Queenstown-Lakes District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by the Police for the suspension of a General Manager’s Certificate issued to Susan Rebecca Stanford. The application was brought on the ground that Ms Stanford’s conduct has been such as to show a lack of suitability.

[2] The evidence before us was that the Police became aware that Ms Stanford had a drink driving conviction back in 2005. As a consequence the suspension application was brought.

[3] The evidence shows that Ms Stanford was apprehended on 31 October 2005. She was subsequently found to have a blood alcohol level on analysis of 86 milligrams of alcohol per 100 millilitres of blood. As a consequence she was brought before the District Court and convicted and fined and disqualified.

[4] The grounds for the application have been established to our satisfaction. In the decision of Martin Ferguson v Mr Alastair Robert Lyon LLA PH 57/2003 the Authority said:

“It is our view that 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] To be fair to Ms Stanford the blood alcohol level was just over the allowable limit. However she has failed to appear to explain how she became involved in a liquor abuse issue or in any way to ameliorate any sanction that might be imposed against her General Manager’s Certificate.

[6] In all the circumstances we propose to suspend the certificate for a period of one month commencing on Saturday 31 March 2007.

DATED at WELLINGTON this 13th day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Susan Stanford.doc(aw)