MacDonald v Van Weeden [2008] NZLLA 1540 (11 November 2008)

Last Updated: 10 February 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 suspension of General Manager's Certificate number 015/GM/651/07 issued to PAUL DESMOND VAN WEERDEN

BETWEEN MURRAY ANDREW MacDONALD

(Police Officer of Hamilton)

Applicant

AND PAUL DESMOND VAN WEERDEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

HEARING at HAMILTON on 3 November 2008

APPEARANCES

Sergeant J R Dalziell-Kernohan – NZ Police – applicant
No appearance by or on behalf of respondent
Mr T P Van Der Heijden – Hamilton District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application for the suspension of a General Manager's Certificate issued to Paul Desmond Van Weerden. The application is brought by the Police and is based on the ground that Mr Van Weerden's conduct has been such as to show that he is not a suitable person to hold the certificate.

[2] The evidence before us shows that on 1 December 2007 Mr Van Weerden was driving a motor vehicle which was found in a ditch in Ngaruawahia. The car had travelled for about 100 metres through grass and into a small line of trees. Mr Van Weerden was found sitting in the vehicle with the key still in the ignition. He showed signs of having consumed alcohol before the crash.

[3] He was taken to the Police Station where an evidential breath test revealed a reading of 1083 micrograms of alcohol per litre of breath. It will be noted that this is well over twice the allowable limit.

[4] Mr Van Weerden acknowledged that he had had a couple of beers, some bourbon, and some shots. He had no previous record and was duly convicted of driving with excess breath alcohol content and careless driving in the Huntly District Court. He was fined and disqualified for a period of six months.

[5] There were three aggravating features. Firstly the level that has been commented upon. Second was the fact that the incident occurred shortly after Mr Van Weerden had been granted his General Manager's Certificate. The third factor is that Mr Van Weerden has not appeared at the public hearing and no explanation has been received for his non-appearance.

[6] It may well be that there has been no application filed for the renewal of the certificate which was due to expire on 16 October last. We are unable to deal with the matter other than the way requested by the Police, notwithstanding a request from the Police to amend the application.

[7] It is clear that the ground for the application has been established and since the incident involves liquor abuse it is desirable to impose a sanction. In all the circumstances we order that General Manager's Certificate number 015/GM/651/07, issued to Paul Desmond Van Weerden, is suspended for a period of three months commencing on Monday 17 November 2008.

DATED at WELLINGTON this 11th day of November 2008

B M Holmes
Deputy Secretary

Paul Van Weerden.doc(aw)