Crepin v Richards [2010] NZLLA 1251 (28 October 2010)

Last Updated: 5 November 2010

[2010] NZLLA PH 1251

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 the suspension or cancellation of General Manager's Certificate number 071/GM112/05 issued to NEVILLE THOMAS RICHARDS

BETWEEN PETER CHARLES CREPIN

(Police Officer of Invercargill)

Applicant

AND NEVILLE THOMAS RICHARDS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at INVERCARGILL on 18 October 2010

APPEARANCES

Sergeant A J Harris – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension or cancellation of Mr Richards’ General Manager's Certificate. The application alleges that the respondent’s conduct is such that he is not a suitable person to hold a General Manager's Certificate. The evidence of Constable Ford was that on 21 October 2009 the respondent was convicted of driving with excess alcohol in his breath. The breath level was 827 micrograms of alcohol per litre of breath. The respondent has a previous drink driving conviction dated 1 October 2003.

[2] Ordinarily an application such as this would bring a suspension of between one and two months. However, the fact that the respondent failed to attend the hearing is also evidence of his unsuitability. In addition, the Authority was informed that the respondent is no longer working in the liquor industry.

[3] In these circumstances the Authority considers that it is desirable that the certificate be cancelled.

[4] Mr Richards’ General Manager's Certificate is cancelled accordingly.

DATED at WELLINGTON this 28TH day of October 2010

B M Holmes
Secretary

Neville Richards.doc(aw)