Lawn and Spang v James [2010] NZLLA 497 (3 May 2010)

Last Updated: 7 May 2010

Decision No.497/2010-498/2010

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 cancellation of General Manager’s Certificate number GM/060/85/2004 issued to SEAN RYAN JAMES

BETWEEN ALASTAIR JOHN LAWN

(Police Officer of Christchurch)

AND PAUL JOHN TYCHO SPANG

(Christchurch District Licensing Agency Inspector)

Applicants

AND SEAN RYAN JAMES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us applications by Sergeant A J Lawn of Christchurch Police and Mr P J T Spang, Christchurch District Licensing Agency Inspector dated 20 and 21 April 2010 respectively, for cancellation of a General Manager’s Certificate held by Sean Ryan James. The ground for the application is that the conduct of the respondent has been such as to show that he is not a suitable person to hold the certificate.

Mr James inflicted a serious assault on a patron in the licensed premises where he was employed as a duty manager. He was charged and subsequently convicted of injuring with intent to injure. He was sentenced to home detention, community work and required to make substantial financial reparation.

Mr James does not dispute the ground for the application. He has agreed to cancellation of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/060/85/2004, issued to Sean Ryan James, is hereby cancelled.

DATED at WELLINGTON this 3rd day of May 2010

______________________
B M Holmes
Deputy Secretary

Sean James.doc(ab)