McGlone v Ngatai [2008] NZLLA 380 (11 March 2008)

Last Updated: 4 April 2010

Decision No.PH 380/2008

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 or cancellation of General Manager's Certificate number 01/GM/2670/2001 issued to AMANDA WAHIA MARIE NGATAI

AND NIGEL PETER McGLONE

(Police Officer of Tauranga)

Applicant

AMANDA WAHIA MARIE NGATAI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms J D Moorhead

HEARING at TAURANGA on 26 February 2008

APPEARANCES

Sergeant N P McGlone – NZ Police – applicant
Miss A W M Ngatai – respondent
Ms D L Daubrey - District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application brought by Sergeant Nigel Peter McGlone for the suspension or cancellation of a General Manager's Certificate issued to Amanda Wahia Marie Ngatai. The application is based on the grounds that Miss Ngatai's conduct has been such as to show a lack of suitability to hold the certificate.

[2] Miss Ngatai has held a General Manager's Certificate since 2001. In recent times, she has been using the certificate to help control the sale and supply of liquor in licensed premises known as the "Mount Maunganui Sports Club". It was when the club applied for a number of special licences in November last year that it was revealed that Miss Ngatai had been apprehended in respect of a matter involving liquor abuse. More particularly, she was apprehended for driving with an excess breath alcohol content.

[3] Miss Ngatai was stopped at about 1.10 am on Friday 19 October 2007 at a Police checkpoint. An evidential breath test revealed a reading of 528 micrograms of alcohol per litre of breath. Miss Ngatai stated that she had had staff drinks after work and was on her way home. She has explained to us that she thought that having just consumed two RTDs, she would be under the allowable limit. It is clear that Miss Ngatai has learned a relatively valuable lesson as a result of her appearance before the District Court, and subsequent fine and disqualification.

[4] The grounds for the application have been established to our satisfaction. It is a general policy that if the holders of General Manager's Certificates are apprehended for any offence involving liquor abuse, then their certificates will be placed at risk. In this particular case we see a cancellation of the certificate as being inappropriate and unreasonable given the circumstances and in particular:

• [a] That Miss Ngatai has held her certificate for a considerable period of time; and
  
• [b] That this is the only time that she has offended against the drink driving provisions of the Land Transport Act.
  

[5] Nevertheless we think it is desirable that an order be made for suspension of the certificate if only to bring home to her and other holders the connection between liquor abuse issues and the object of the Act.

[6] Accordingly it is confirmed that General Manager's Certificate number 021/GM/2670/2001, issued to Amanda Wahia Marie Ngatai, is suspended for a period of three weeks commencing on Monday 3 March 2008.

DATED at WELLINGTON this 11TH day of March 2008

B M Holmes
Deputy Secretary

Amanda Ngatai.doc(aw)