Lawn v Begg [2010] NZLLA 230 (19 March 2010)

Last Updated: 1 April 2010

Decision No.PH 230/2010

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/059/394/2003 issued to STUART GEORGE BEGG

BETWEEN ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

Applicant

AND STUART GEORGE BEGG

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at CHRISTCHURCH on 22 February 2010

APPEARANCES

Sergeant A J Lawn – NZ Police – applicant
Mr S G Begg – respondent
Mrs H A Faass – Selwyn District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application dated 16 November 2009, brought under s.135 of the Act for the suspension of General Manager’s Certificate issued to Stuart George Begg.

[2] The facts are not in dispute. On 13 July 2009 Mr Begg was convicted of a drink/driving offence where the level of alcohol in his breath was 674 micrograms of alcohol per litre of breath. In addition there was a conviction arising out of the same incident for resisting the Police and failing to stop. There is an earlier conviction for drink/driving on 5 November 1995 but that is historical and does not affect the issue before the Authority today.

[3] The issue before the Authority is whether or not it is desirable to suspend the certificate upon the grounds set forth in s.135(3)(b) of the Act, to the effect that Mr Begg’s conduct is such as to show that he is not a suitable person to hold the certificate. This is essentially an employment issue but it does have ramifications insofar as s.4 of the Act is concerned. As the authorities have stated, self imposed standards must be set and held by persons who hold a General Manager’s Certificate, thus the nature of Mr Begg’s employment require him to show restraint and discipline when issues affecting the abuse of alcohol are concerned.

[4] The Authority concludes that it is desirable that there be a suspension of the certificate for a period of 30 days. Accordingly the General Manager’s Certificate is suspended for a period of 30 days commencing on 1 April 2010.

[5] One further point arises. It was raised by Mr Begg who pointed out that the incident leading to his conviction occurred in April 2009. The conviction was in July 2009, however the application to suspend his certificate was not made until November 2009 and he was concerned about the delay. The maxim ‘justice delayed is justice denied’ does apply in situations like this and the Authority hopes that the Police and Inspectors who bring enforcement applications will do so as quickly as possible after any incident giving them grounds to bring such applications might occur.

DATED at WELLINGTON this 19TH of March 2010

B M Holmes
Deputy Secretary

Stuart Begg.doc(jeh)