Wright and Clearwater v Wilkinson [2008] NZLLA 1165 (18 August 2008)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Wright and Clearwater v Wilkinson [2008] NZLLA 1165 (18 August 2008)

Last Updated: 5 February 2010

Decision No. PH 1165/2008

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 033/GM/1025/2007 issued to GLENIS MARY WILKINSON

BETWEEN MERYN ANNE WRIGHT

(Police Officer of New Plymouth)

AND MURRAY ERIC CLEARWATER

(New Plymouth District Licensing Agency Inspector)

Applicants

AND GLENIS MARY WILKINSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at NEW PLYMOUTH on 4 August 2008

APPEARANCES

Constable M A Wright – NZ Police – applicant
Mr M E Clearwater – New Plymouth District Licensing Agency Inspector – applicant
Miss G M Wilkinson – respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police and District Licensing Agency Inspector for the suspension of a General Manager's Certificate issued to Glenis Mary Wilkinson. The grounds for the application are that Miss Wilkinson's conduct has been such as to show a lack of suitability.

[2] Miss Wilkinson has held her General Manager's Certificate since 18 September 2007. The evidence is that on 29 December 2007 Miss Wilkinson was apprehended for driving with an excess breath alcohol content. The level on that occasion was 497 micrograms of alcohol per litre of breath.

[3] Miss Wilkinson was duly taken before the District Court and convicted and fined and disqualified. This was an isolated offence and Miss Wilkinson pointed out the fact that she had been involved in a post Christmas function. It seems to us that the lesson has been well and truly learned. The Police have pointed out their expectations that the holders of managers' certificates are expected to actively promote and enforce the Act and that as we have said in the decision of Martin Ferguson v Alastair Robert Lyon LLA PH 57/2003:

“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.”

[4] For those reasons we believe that the grounds for the application have been established and we confirm that the General Manager's Certificate issued to Glenis Mary Wilkinson will be suspended for a period of three weeks commencing on Tuesday 5 August 2008.

DATED at WELLINGTON this 18th day of August 2008

B M Holmes
Deputy Secretary

Glenis Wilkinson.doc(aw)