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New Zealand Liquor Licensing Authority |
Last Updated: 16 April 2010
Decision No.308/2010-309/2010
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/007/062/09 issued to
FEI SONG
BETWEEN BRYCE ROBERT LAW
(Police Officer of
Auckland)
Applicant
AND FEI SONG
Respondent
AND
IN THE MATTER of an application by FEI SONG
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 25 January 2010 by Sergeant B R Law, Auckland Police, for suspension of a General Manager’s Certificate held by Fei Song. The second application is Mr Song’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 1 November 2008, Mr Song was involved in a motor vehicle crash. Breath testing procedures were carried out and he was found to have a breath alcohol level of 903 micrograms of alcohol per litre of breath. Mr Song appeared in the Auckland District Court on 5 January 2009 and was convicted of driving with excess breath alcohol. He was fined $800 plus costs, and disqualified from driving for four months.
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 Song has agreed to a recommended term of suspension and reduced period of renewal of his certificate, without the requirement to appear before us at a public hearing.
Accordingly, having considered the recommendations from the Sergeant, we now make the following order:
General Manager’s Certificate number GM/007/062/09, issued to Fei Song, is suspended for 28 days from Monday 3 May 2010.
The certificate will be renewed but for a lesser period of 18 months only. This means that it will next fall due for renewal on 5 August 2011.
DATED at WELLINGTON this 6th day of April 2010
______________
B M Holmes
Deputy Secretary
Fei Song.doc
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URL: http://www.nzlii.org/nz/cases/NZLLA/2010/308.html