Gordon v Te Paa [2009] NZLLA 230 (17 March 2009)

New Zealand Liquor Licensing Authority

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Gordon v Te Paa [2009] NZLLA 230 (17 March 2009)

Last Updated: 2 March 2010

Decision No. PH 230/2009

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 Club Manager's Certificate number CM 116/97 issued to MARILYN CLAIRE TE PAA

BETWEEN ROBERT MAURICE GORDON

(Police Officer of Havelock North)

Applicant

AND MARILYN CLAIRE TE PAA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NAPIER on 25 February 2009

APPEARANCES

Sergeant R M Gordon – NZ Police – applicant
Mrs M C Te Paa – respondent
Mr J H Lovatt – Hastings 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 Club Manager's Certificate issued to Marilyn Claire Te Paa. Mrs Te Paa has held her certificate since 1997. She has used the certificate in helping to manage and control licensed premises known as the “Stortford Lodge Social Club”. Ms Te Paa was a foundation member of the social club when it was formed.

[2] The application was brought on the ground that the manager's conduct had been such as to show a lack of suitability. On 16 May last year at about 1.00 am, Mrs Te Paa was apprehended while driving a motor vehicle. She had recently consumed alcohol and produced a breath alcohol reading of 516 micrograms of alcohol per litre of breath.

[3] This was a first conviction for Mrs Te Paa. She has explained that she was helping to organise a pool competition for the members. Some of the club members had rung taxis at about 12.45 am but no taxi had arrived. There was concern about people walking away from the premises. Mrs Te Paa believed that by taking members home she was protecting the club’s reputation.

[4] Mrs Te Paa was able to make the connection between her own personal behaviour in the early hours of the morning, and the object of the Act. It has been explained to her that the process of bringing managers before the Authority is believed to help with the attaining of the object of the Act, which in simplistic terms is about contributing to the reduction of liquor abuse.

[5] As was said in Martin Ferguson v Alister 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.”

[6] Having heard from Mrs Te Paa and taking into account that the only sanction that was imposed by the District Court in Hastings was her disqualification for a period of six months, it is acknowledged that there were some unusual circumstances. Nevertheless, we believe it is appropriate as part of the overall educative process, to suspend the certificate for a minimum period.

[7] Accordingly, Club Manager's Certificate number CM 116/97, issued to Marilyn Claire Te Paa, will be suspended for three weeks commencing on Wednesday 25 February 2009.

DATED at WELLINGTON this 17th day of March 2009

B M Holmes
Deputy Secretary

Marilyn Te Paa.doc(aw)