Pay v Peterson-Gray [2010] NZLLA 1246 (28 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA PH 1246

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 073/GM/59/2008 issued to MELISSA KELLY PETERSON-GRAY

BETWEEN GORDON BRETT PAY

(Police Officer of Invercargill)

Applicant

AND MELISA KELLY PETERSON-GRAY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at INVERCARGILL on 19 October 2010

APPEARANCES

Sergeant A J Harris – NZ Police – applicant
Ms M K Peterson-Gray – respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension or cancellation of the General Manager's Certificate held by the respondent. In terms of s.135(3)(b) of the Act it is alleged that the respondent’s conduct is such as to show that she is not a suitable person to hold a certificate. In particular it was alleged that on 18 August 2010 she was found in possession of a snap lock bag containing cannabis plant material. As a result, she received a warning from the Police.

[2] The respondent conceded that the Police evidence was correct. She told the Authority that while she used to smoke cannabis four or five years ago she has not done so since then. She stated that the reason she was in possession of the cannabis was that she was asked by somebody to pass it on to somebody else and, foolishly, she agreed to that request. It seems that she comes from an environment where cannabis smoking is commonplace.

[3] The respondent has held her General Manager's Certificate for four years. She has been in the hospitality industry for 12 years. She works for the “Eastern Suburbs Tavern” and the assistant manager of the tavern gave her a glowing reference.

[4] The Authority has frequently indicated that it takes involvement with the drug subculture seriously. This case is a little different from the norm in that the respondent was merely acting as a conduit and was not involved in the smoking or consumption of cannabis.

[5] The evidence against the respondent clearly establishes the grounds of the application. In accordance with s.135(6) of the Act the Authority considers that it is desirable that the General Manager's Certificate be suspended.

[6] The respondent’s General Manager's Certificate is suspended for 21 days commencing 9.00 am Monday 8 November 2010.

DATED at WELLINGTON this 28TH day of October 2010

B M Holmes
Secretary

Melissa Peterson-Gray.doc(aw)