Kettings v Benson [2010] NZLLA 880 (19 August 2010)

Last Updated: 27 August 2010

[2010] NZLLA 880

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/069/245/2009 issued to GRANT JOHN BENSON

BETWEEN NEIL JAMES KETTINGS

(Police Officer of Dunedin)

Applicant

AND GRANT JOHN BENSON

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Constable N J Kettings of Dunedin Police dated 16 July 2010, for suspension of a General Manager’s Certificate held by Grant John Benson.

The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate. In particular Mr Benson was convicted in the Dunedin District Court of driving with excess blood alcohol, having been stopped by the Police on 1 May 2010 with a blood alcohol level of 95 milligrams of alcohol per 100 millilitres of blood, the legal limit being 80 milligrams per 100 millilitres.

The respondent does not dispute the grounds of application and has agreed to the suspension of his certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/069/245/2009, issued to Grant John Benson, is suspended for four weeks from Monday 30 August 2010.

DATED at WELLINGTON this 19th day of August 2010

_____________________
B M Holmes
Secretary

Grant Benson.doc(bh)