Ferguson v Mann [2010] NZLLA 297 (6 April 2010)

Last Updated: 16 April 2010

Decision No.297/2010-298/2010

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/060/580/2008 issued
to BYRON WILLIAM MANN

BETWEEN MARTIN FERGUSON
(Christchurch District Licensing
Agency Inspector)

Applicant

AND BYRON WILLIAM MANN

Respondent

AND

IN THE MATTER of an application by BYRON
WILLIAM MANN 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: Dr J Horn

DECISION

There are two applications before the Authority. The first is an application dated 29 January 2010 by Mr M Ferguson, Christchurch District Licensing Agency Inspector, for suspension of a General Manager’s Certificate held by Byron William Mann. The second application is Mr Mann’s application for the renewal of that certificate.

The grounds for the suspension application are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate, and the renewal application was opposed on the same basis.

More particularly, it is alleged that on 16 May 2009, Mr Mann was apprehended while driving a motor vehicle after drinking. Breath testing procedures were carried out and he was found to have a breath alcohol level of 1068 micrograms of alcohol per litre of breath. Mr Mann appeared in the Christchurch District Court on 27 May 2009 and was convicted of driving with excess breath alcohol.

In Martin Ferguson v Alister Robert Lyon NZLLA PH 57/2003 the Authority said:

“It is our view that if managers are guilty of breaches of the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

Mr Mann has agreed to a recommended term of suspension and reduced period of renewal of his certificate, without the requirement to appear before the Authority at a public hearing.

Accordingly, having considered the recommendations from the Inspector, we now make the following order:

General Manager’s Certificate number GM/060/580/2008, issued to Byron William Mann, is suspended for 28 days from Monday 3 May 2010.

The certificate will be renewed but for a lesser period of 12 months only. This means that it will next fall due for renewal on 20 August 2010.

DATED at WELLINGTON this 6th day of April 2010

______________
B M Holmes
Deputy Secretary

Byron Mann.doc