Ferguson v Emmerson [2010] NZLLA 1450 (3 December 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1450

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/057/794/2007 issued to JENNIFER CLAIRE EMMERSON

BETWEEN MARTIN FERGUSON

(Christchurch District Licensing Agency Inspector)

Applicant

AND JENNIFER CLAIRE EMMERSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Mr M Ferguson, a Christchurch District Licensing Agency Inspector, dated 1 November 2010, for suspension of a General Manager’s Certificate held by Jennifer Claire Emmerson.

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. In particular on 20 April 2010 the respondent was convicted of driving with an excess breath alcohol level of 928 micrograms per litre of breath, the legal limit being 400 micrograms per litre.

The respondent does not dispute the grounds of application and has agreed to the suspension of her certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/057/794/2007, issued to Jennifer Claire Emmerson, is suspended for one month from Monday 24 January 2011.

DATED at WELLINGTON this 3RD day of December 2010

_____________________
B M Holmes
Secretary

Jennifer Emmerson.doc(bh)