Pillay v Marshall [2010] NZLLA 1086 (1 October 2010)

Last Updated: 15 October 2010

[2010] NZLLA 1086

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/08/84/2006 issued to RITA MELISSA MARSHALL

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND RITA MELISSA MARSHALL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us an application by Constable T Pillay of Manukau Police dated 20 April 2010, for suspension of a General Manager’s Certificate held by Rita Melissa Marshall.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On 19 November 2009 the respondent was involved in a motor vehicle accident in the forecourt of a ‘Gull’ service station in East Tamaki Road, Otara, causing damage to the service station building.

The Police were asked to attend the incident and breath test procedures were carried out at which the respondent registered an excess level of 906 micrograms of alcohol per litre of breath. This is more than double the permissible limit of 400 micrograms per litre.

On 21 January 2010 Ms Marshall was convicted in the Manukau District Court on charges of dangerous driving and driving with excess breath alcohol. She was sentenced to 80 hours community work, required to make reparation in the sum of $3190.69 and disqualified from driving for eight months.

The respondent does not dispute the ground for the application and she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/08/84/2006, issued to Rita Melissa Marshall, is suspended for one month from 1 November 2010.

DATED at WELLINGTON this 1st day of October 2010

______________________
M Langworthy
Deputy Secretary

Rita Marshall.doc(ab)