Kettings v Neilson [2010] NZLLA 1566 (24 December 2010)

Last Updated: 14 January 2011

[2010] NZLLA 1566-1567

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/069/164/2004 issued to CHRISTOPHER NEILSON

BETWEEN NEIL JAMES KETTINGS

(Police Officer of Dunedin)

Applicant

AND CHRISTOPHER NEILSON

Respondent

AND

IN THE MATTER of an application by CHRISTOPHER NEILSON pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Constable N J Kettings , dated 15 September 2010 , for suspension of a General Manager’s Certificate held by Christopher Neilson. We are also asked to determine an application to renew the certificate.

The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On 19 August 2010 Mr Neilson was convicted in the Dunedin District Court for driving with an excess breath alcohol level of 1022 micrograms per litre of breath. He was fined $1000 and disqualified from driving for a period of 15 months. Mr Neilson has been convicted of driving with an excess breath alcohol level on two previous occasions in 1985 and 1995.

The respondent has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/069/164/2004 , issued to Christopher Neilson , is suspended for eight weeks from Monday 7 February 2011.

As a consequence of that order both the Police and Inspector withdraw their opposition to the application for renewal. Accordingly we are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate until 13 July 2013. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 24th day of December 2010

______________________
B M Holmes
Secretary

Christopher Neilson.doc(bh)