Ferguson v Hill [2010] NZLLA 698 (25 June 2010)

Last Updated: 29 June 2010

[2010] NZLLA 698-699

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/060/705/2008 issued to DAVID JOHNSON HILL

BETWEEN MARTIN FERGUSON

(Christchurch District Licensing Agency Inspector)

Applicant

AND DAVID JOHNSON HILL

Respondent

AND

IN THE MATTER of an application by DAVID JOHNSON HILL pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Mr M Ferguson, Christchurch District Licensing Agency Inspector, dated 13 May 2010, for suspension of a General Manager’s Certificate held by David Johnson Hill.

We are also asked to determine an application to renew the 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. The renewal application is opposed on the grounds set out in the enforcement application.

Mr Hill was apprehended while driving a motor vehicle on 20 December 2009. He displayed signs of recent alcohol intake and an evidential breath test registered an excess alcohol level of 450 micrograms per litre of breath.
The respondent does not dispute the ground for the suspension application and he has agreed to suspension of the manager’s certificate. He has also agreed to accept a shortened period of renewal of the certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/060/705/2008, issued to David Johnson Hill, is suspended for four weeks from Saturday 10 July 2010.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 12 months from the date of this decision. A notice of renewal is attached.

DATED at WELLINGTON this 25th day of June 2010

______________________
B M Holmes
Secretary

David Hill.doc(ab)