Munro v Allen [2010] NZLLA 627 (26 May 2010)

Last Updated: 27 July 2010

[2010] NZLLA PH 627

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 or cancellation of General Manager's Certificate number 052/GM/LIQ3199 issued to SIOBHAN ALLEN

BETWEEN JASON JAMES MUNRO

(Police Officer of Blenheim)

Applicant

AND SIOBHAN ALLEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Dr J Horn

HEARING at BLENHEIM on 19 May 2010

APPEARANCES

Sergeant J J Munro - NZ Police - applicant
Mrs S Allen - respondent

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority for determination is an application dated 9 May 2009 for the suspension or cancellation of the General Manager's Certificate issued to Siobhan Allen. The grounds for the application made by the Police are that the conduct of the manager is such as to show that she is not a suitable person to hold the certificate.

[2] In particular it was alleged that Mrs Allen was stopped at 6.30 pm on 24 January 2009. She was processed for drink driving, her breath alcohol level being 928 micrograms of alcohol per litre of breath. She elected for a blood sample to be taken and her blood level was found to be 180 milligrams per 100 millilitres of blood. This is more than twice the legal limit. The evidence shows that she was convicted of this offence on 20 April 2009 in the Blenheim District Court. She was fined $800 and ordered to pay analyst fees, Court costs and medical expenses. She was also disqualified from driving for six months.

[3] We have heard from Mrs Allen. She has held her certificate since 2007 and in fact the certificate had recently been renewed just prior to this incident. It was renewed for three years on 21 January 2009 and is now due to expire on 22 November 2011.

[4] Mrs Allen explained that she utilises her certificate as a cellar door manager for wineries during the summer seasons. In relation to the particular incident that took place in January 2009 she said that she had a busy day, had no lunch and was conducting a tasting for a select group of individuals. During the tasting she consumed some of the wine and did not fully appreciate the effect that it would have on her. She also consumed a large glass of wine before driving home.

[5] Mrs Allen did not seek to excuse the incident and said that she regretted the situation. She has given thought to the actions that she can take to avoid such a situation in the future and also recognises and hopes to be able to put the salutary experience to good effect in the conduct of her job as a duty manager.

[6] As the Authority said in the decision of Martin Ferguson v Alister Robert Lyon NZLLA PH 57/2003:

“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.”

[7] In this particular case we are satisfied that the grounds have been made out and that it is desirable to make an order. We note that the original Police application was for cancellation however, the application was amended at the hearing to also include suspension. We accept that a suspension is appropriate.

[8] General Manager's Certificate number 052/GM/LIQ3199, issued to Siobhan Allen, will be suspended for a period of 30 days commencing on Wednesday, 19 May 2010.

DATED at WELLINGTON this 26th day of May 2010

B M Holmes
Deputy Secretary

Siobhan Allen.doc(aw)