Membery v Kumar [2010] NZLLA 1040 (21 September 2010)

Last Updated: 8 October 2010

[2010] NZLLA PH 1040

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/023/2098/2009 issued to NICHOLAS RONEEL KUMAR

BETWEEN MICHAEL JAMES MEMBERY

(Police Officer of Rotorua)

Applicant

AND NICHOLAS RONEEL KUMAR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at ROTORUA on 14 September 2010

APPEARANCES

Sergeant S E Coleman - NZ Police - applicant
Mr W R Ah Chan - agent for respondent

DECISION OF THE AUTHORITY

[1] Before the Authority is an application dated 30 June 2010 by Michael James Membery of the Rotorua Police for suspension of the General Manager's Certificate issued to Nicholas Roneel Kumar. The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

[2] Mr Kumar was stopped by the Police on 24 October 2009 driving on Maide Vale Street, Rotorua. He underwent a roadside breath test and subsequently undertook an evidential blood test. The test result proved positive with a result of 96 milligrams of alcohol per 100 millilitres of blood. Mr Kumar was convicted in the Rotorua District Court on 2 February 2010 of driving with excess blood alcohol. He was sentenced to a $400 fine, ordered to pay analyst fees of $93, Court costs of $130, $110 medical expenses and was disqualified from driving for a period of six months.

[3] The Police wrote to Mr Kumar attempting to negotiate a suspension period of his manager’s certificate without the need to appear before the Authority. Mr Kumar requested more time to make a decision and advise his employer but failed to contact the Police prior to the deadline given. The matter was accordingly set down for a public hearing.

[4] Unusually in this case Mr Kumar’s General Manager's Certificate was issued on 3 November 2009. The particular drink driving incident in fact took place shortly before this on 24 October 2009. This was however, after he had been interviewed by the Police and Rotorua District Licensing Agency Inspector in regard to the issue of his manager’s certificate. Mr Kumar is indeed fortunate that the certificate was issued, as the normal requirement would have been for a stand down period of two years to occur.

[5] The renewal of the certificate is due in November 2010. Mr Kumar has agreed that his certificate should only be renewed for a further probationary year, rather than the usual three year term. Mr Kumar has also apologised to all concerned for his tardiness. On this basis we are prepared to grant him some leniency as to when the suspension should commence.

[6] Accordingly we make the following order:

General Manager's Certificate number GM/023/2098/2009 issued to Nicholas Roneel Kumar is suspended for 30 days commencing on Tuesday 14 September 2010.

DATED at WELLINGTON this 21ST day of September 2010

B M Holmes
Secretary

Nicholas Kumar.doc(aw)