Ryder v Clarkson [2009] NZLLA 231 (17 March 2009)

New Zealand Liquor Licensing Authority

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Ryder v Clarkson [2009] NZLLA 231 (17 March 2009)

Last Updated: 3 March 2010

Decision No. PH 231/2009

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 or cancellation of General Manager’s Certificate number 039/GM/123/2007 issued to SCOTT LAURENCE CLARKSON

BETWEEN DIANA SABINE RYDER

(Police Officer of Auckland)

Applicant

AND SCOTT LAURENCE CLARKSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 5 March 2009

APPEARANCES

Constable S Brown – NZ Police – applicant
No appearance by or on behalf of respondent
Miss M McLeod – Auckland District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the suspension or cancellation of a General Manager’s Certificate issued to Scott Laurence Clarkson. Mr Clarkson was granted his certificate on 20 September 2007.

[2] On 14 September 2008, six days short of his ‘probationary year’, Mr Clarkson was apprehended for driving with an excess breath alcohol content. A blood specimen was requested and this revealed a level of 101 milligrams of alcohol per 100 millilitres of blood. As a result the Police brought an application for the cancellation or suspension of the manager's certificate.

[3] The ground for the application was that Mr Clarkson's conduct had been such as to show that he is not a suitable person to hold the certificate. The application was duly set down for hearing but Mr Clarkson failed to appear.

[4] Accordingly we heard the evidence. The Police in their opening submissions noted that the Auckland City Police alcohol strategy 2005 to 2008, indicated that a greater focus would be taken by the Police on alcohol related offending. The Inspector referred us to the decision of Martin Ferguson v Alister Robert Lyon LLA PH 57/2003 in which it was 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] We are in no doubt that the grounds for the application have been established. It is desirable to make an order particularly as there has been no reason given for Mr Clarkson's absence from the hearing.

[6] Taking into account the blood alcohol level, and the fact that this appears to be the only offence incurred by Mr Clarkson, his manager's certificate number 039/GM/123/2007 will be suspended for a period of 10 weeks commencing on Monday 16 March 2009.

DATED at WELLINGTON this 17th day of March 2009

B M Holmes
Deputy Secretary

Scott Clarkson.doc(aw)