Harper v Marsden [2010] NZLLA 1493 (9 December 2010)

Last Updated: 17 December 2010

[2010] NZLLA 1493

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/023/2245/2010 issued to KAYLA MARSDEN

BETWEEN WAYNE JOHN HARPER

(Police Officer of Rotorua)

Applicant

AND KAYLA MARSDEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Constable W J Harper of Rotorua Police, dated 18 November 2010, for suspension of a General Manager’s Certificate held by Kayla Marsden.

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 8 October 2010 the respondent was convicted in the Rotorua District Court of driving with an excess breath alcohol level of 590 micrograms of alcohol per litre of breath, the legal limit being 400 micrograms per litre. She was fined $450 and disqualified from driving for six months.

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/023/2245/2010, issued to Kayla Marsden, is suspended for four weeks from Monday 31 January 2011.

DATED at WELLINGTON this 9th day of December 2010

_____________________
B M Holmes
Secretary

Kayla Marsden.doc(bh)