Ryder v Ogilvie [2010] NZLLA 1128 (13 October 2010)

Last Updated: 29 October 2010

[2010] NZLLA PH 1128

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 GM 384/2007 issued to MATTHEW JAMES OGILVIE

BETWEEN JOANNA KATE RYDER

(Police Officer of Greenlane)

Applicant

AND MATTHEW JAMES OGILVIE

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at AUCKLAND on 5 October 2010

APPEARANCES

Sergeant C D Lally – NZ Police – applicant
No appearance by or on behalf of respondent
Ms M McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This application for the suspension or the respondent’s General Manager's Certificate was set down for hearing for 5 October 2010. By email dated 4 October 2010 the respondent sought an adjournment suggesting that he was unaware of the date of hearing and that he was not able to attend the hearing in Auckland as he was in Wellington studying at Victoria University in second year law. The email requested that the hearing be moved to Wellington or postponed to a later date and then continued “or will a 30 days suspension be imposed as I am not currently managing anyway”.

[2] The application for suspension is dated 23 September 2009. Thus, over one year has elapsed without it having been dealt with.

[3] The grounds for the application are that the conduct of the respondent is such as to show that he is not a suitable person to hold the certificate because on 15 August 2009 he was convicted of driving with excess breath alcohol.

[4] The respondent’s conviction is a matter of record.

[5] Often applications of this sort are dealt with by consent by the Authority on the papers. The respondent’s consent has not been forthcoming to date although the Authority considers that the email seems to indicate an expectation that respondent will receive a 30 days suspension of his certificate.

[6] In the circumstances the application for the adjournment is declined.

[7] The respondent’s General Manager's Certificate is suspended for 30 days commencing 1 December 2010.

DATED at WELLINGTON this 13TH day of October 2010

B M Holmes
Secretary

Matthew Ogilvie.doc(aw)