McGlone v Orr [2010] NZLLA 304 (6 April 2010)

Last Updated: 16 April 2010

Decision No.304/2010

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 021/GM/12494/2009
issued to MARLENE CASEY
ORR

BETWEEN NIGEL PETER McGLONE
(Police Officer of Tauranga)

Applicant

AND MARLENE CASEY ORR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application dated 11 February 2010 by Sergeant N P McGlone, Tauranga Police, for suspension of a General Manager’s Certificate held by Marlene Casey Orr.

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.

More particularly, it is alleged that on 2 December 2009, Police apprehended Ms Orr in a routine traffic stop. Breath and blood testing procedures were carried out and Ms Orr subsequently returned a result of 222 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 milligrams. On 14 January 2010, Ms Orr appeared in the Tauranga District Court to face a charge of driving with excess blood alcohol, for which she was convicted, fined, and disqualified from driving.

In Martin Ferguson v Alister Robert Lyon NZLLA PH 57/2003, we stated:

“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.”

The respondent does not dispute the ground for the application. She acknowledges that suspension of her General Manager’s Certificate is appropriate, and has indicated willingness to accept a recommended term of suspension of her certificate to be imposed by the Authority without the requirement to appear before us at a public hearing.

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

General Manager’s Certificate number 021/GM/12494/2009, issued to Marlene Casey Orr, is suspended for eight weeks from Monday 3 May 2010.

DATED at WELLINGTON this 6th day of April 2010

______________
B M Holmes
Deputy Secretary

Marlene Orr.doc