Pillay v Williams [2009] NZLLA 236 (18 March 2009)

New Zealand Liquor Licensing Authority

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

---

Pillay v Williams [2009] NZLLA 236 (18 March 2009)

Last Updated: 4 March 2010

Decision No. PH 236/2009

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 General Manager’s Certificate number GM/08/173/2007 issued to MATIU PHILLIP WILLIAMS

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND MATIU PHILLIP WILLIAMS

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 C D Lally – NZ Police – applicant
Mr M P Williams – respondent
Mr P A Radich – Manukau District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by Constable Thevindieran Pillay for the suspension of a General Manager’s Certificate issued to Matiu Phillip Williams. Mr Williams was granted his manager's certificate on 29 June 2007. The certificate is currently renewed until 2011.

[2] Shortly after renewing his certificate, Mr Williams became involved in a drink driving matter at 8.30 am on Sunday 21 September 2008. Mr Williams had gone to Whangarei with a group of friends. A decision had been made at the last moment to go to a function and a sober driver had been appointed. Mr Williams had a few hours sleep after the party. The appointed sober driver was too tired to drive. Mr Williams thought he would have been able to drive within the legal limit. He stated that he would not have driven had he realised that he was over the allowable level.

[3] The vehicle that he was driving was stopped by the Police. Mr Williams was found to have a level of 511 micrograms of alcohol per litre of breath.

[4] Mr Williams is employed full time at an off-licensed premises. He accepted that what he had done had been wrong. He is in charge of a licensed business and he gave a good account of himself in the witness box.

[5] The Police brought the application on the grounds that Mr Williams' conduct had been such as to show a lack of suitability. It has been our general policy that any behaviour involving liquor abuse will place the privilege of the holding of a manager's certificate at risk. In the decision of Jason Peter Loye v Makoto Tokuyama LLA PH 285-286/2006 it was said:

"The applications are before the Authority as part of the continual process for attempting to raise the standards of those charged with the responsibility of managing licensed premises. The expectation is that they will not only ensure the safety of their patrons but set standards higher than would normally be expected for any other form of employment. It is our expectation that all holders of General Manager's Certificates will appreciate that a conviction involving the abuse of liquor is not only contrary to the provisions and objectives of the Act but will place the holding of a General Manager's Certificate at risk."

[6] We believe that the ground for the application has been established and it is appropriate to make an order. We have taken into account what Mr Williams has said. This decision confirms that General Manager’s Certificate number GM/08/173/2007 issued to Matiu Phillip Williams will be suspended for a period of three weeks commencing on Monday 14 April 2009.

DATED at WELLINGTON this 18th day of March 2009

B M Holmes
Deputy Secretary

Matiu Williams.doc(aw)