Major v Shallcross [2010] NZLLA 607 (24 May 2010)

Last Updated: 3 June 2010

[2010] NZLLA 607

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 GM025/26.13.30856 issued to SANDRA ELIZABETH SHALLCROSS

BETWEEN IAN PAUL MAJOR

(Whakatane District Licensing Agency Inspector)

Applicant

AND SANDRA ELIZABETH SHALLCROSS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Mr I P Major, Whakatane District Licensing Agency Inspector, dated 21 April 2010, for suspension of a General Manager’s Certificate held by Sandra Elizabeth Shallcross.

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.

Ms Shallcross stopped at a compulsory checkpoint while driving a motor vehicle on 10 March 2010. She exhibited signs of recent alcohol intake. An evidential breath test registered an excess alcohol level of 568 micrograms per litre of breath. She was subsequently convicted in the Whakatane District Court on 23 March 2010, fined $500 plus $130 costs, and disqualified from driving for six months.

The respondent has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM025/26.13.30856, issued to Sandra Elizabeth Shallcross, is suspended for one month fro 11 July 2010.

DATED at WELLINGTON this 24th day of May 2010

______________________
B M Holmes
Deputy Secretary Sandra Shallcross.doc(ab)