Ure v Stevenson [2009] NZLLA 309 (1 April 2009)

New Zealand Liquor Licensing Authority

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Ure v Stevenson [2009] NZLLA 309 (1 April 2009)

Last Updated: 14 March 2010

Decision No. PH 309/2009

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 2007/221 issued to JEREMY DAVID DOMINIQUE STEVENSON

BETWEEN JAMES HARVIE URE

(Police Officer of Te Anau)

Applicant

AND JEREMY DAVID DOMINIQUE STEVENSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at INVERCARGILL on 16 March 2009

APPEARANCES

Senior Constable G B Pay – NZ Police – applicant
Mr J D D Stevenson – respondent
Ms L M Grace – representing Medical Officer of Health – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application brought by the Police for the suspension of a General Manager’s Certificate issued to Jeremy David Dominique Stevenson.

[2] Mr Stevenson was first granted his certificate on 14 July 2008, although he has spent up to 20 years in the hospitality industry. He has completed the required unit standards on two occasions and is aware of the Act’s objective.

[3] The application is brought on the ground that Mr Stevenson's conduct has been such as to show a lack of suitability to hold the certificate. The particulars show that at 11.18 am on 6 October 2008, Mr Stevenson was the driver of a motor vehicle. He had his wife and two children with him. He was stopped at a checkpoint operation and it was observed that he had been drinking prior to driving. A subsequent blood test produced a level of 120 milligrams of alcohol per 100 millilitres of blood.

[4] Mr Stevenson acknowledged that he had had some drinks with his family the previous night, but believed that he was suitable to be able to drive safely the following day.

[5] Mr Stevenson has acknowledged an error of judgment. He is working at premises which are described by the Police as exemplary in terms of liquor abuse issues. He was able to make the connection between his behaviour and the achievement of the object of the Act. Mr Stevenson produced a letter from the proprietors of the lodge that he manages, indicating that if he was to lose his manager's certificate, then his job would be in jeopardy.

[6] On the one hand the incident occurred during what is known as the probationary year. On the other hand we take into account the premises that Mr Stevenson manages, and the time of the day that the incident occurred.

[7] It is clear that the grounds for the application have been established. In terms of whether it is desirable to make an order, we note 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.”

[8] This case is about keeping standards high. It has been our general view that if other meritorious people suffer in the process of keeping those standards high that may not be too high a price to pay in order to achieve the long term goal set out in the Act.

[9] In all the circumstances we have decided that Mr Stevenson's certificate will be suspended for a period of three weeks.

[10] Accordingly and for the reasons stated General Manager’s Certificate number GM 2007/221, issued to Jeremy David Dominique Stevenson, is suspended for three weeks commencing Monday 16 March 2009.

DATED at WELLINGTON this 1st day of April 2009

B M Holmes
Deputy Secretary

Jeremy Stevenson.doc(aw)