Fry v Perera [2010] NZLLA 1142 (13 October 2010)

Last Updated: 29 October 2010

[2010] NZLLA PH 1142

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/007/041/09 issued to MATRAGE CHRISHANTHA HIRAN PERERA

BETWEEN DAVID JOHN FRY

(Police Officer of Greenlane)

Applicant

AND MATRAGE CHGRISHANTHA HIRAN PERERA

Respondent

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
Mr M C H Perera – respondent
Ms M McLeod – Auckland District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] At the hearing the Authority was informed that an agreement had been reached in respect of this application for suspension of Mr Perera’s manager’s certificate.

[2] The application had been brought by the Police on the grounds that the conduct of the manager was such as to show that he was not a suitable person to hold the certificate. The respondent acknowledged that on 8 February 2010 he was convicted of driving with excess breath alcohol.

[3] Accordingly, by consent, the respondent’s General Manager's Certificate is suspended for three weeks commencing 5 October 2010.

[4] An application was lodged with the District Licensing Agency for a renewal of the certificate. As the Police opposed the application it should have been sent to the Authority. The Inspector has undertaken to forward the application to the Authority forthwith.

[5] Thereupon, all parties agree that the Authority will be able to renew the certificate for a period of 18 months from 4 February 2010 by consent. The Authority will make the consent order on the papers.

DATED at WELLINGTON this 13TH day of October 2010

B M Holmes
Secretary

Matrage Perera.doc(aw)