Gordon v Cook [2010] NZLLA 937 (27 August 2010)

Last Updated: 10 September 2010

[2010] NZLLA 937-938

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 029/GM/083/2006 issued to NIGEL EDWARD COOK

BETWEEN ROBERT MAURICE GORDON

(Police Officer of Havelock North)

Applicant

AND NIGEL EDWARD COOK

Respondent

AND

IN THE MATTER of an application by NIGEL EDWARD COOK pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant R M Gordon of Havelock North Police dated 28 April 2010, for suspension of a Manager’s Certificate held by Nigel Edward Cook.

We are also asked to determine an application to renew the certificate.

The ground for the suspension 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. Renewal of the certificate is opposed on the ground set out in the suspension application.

Mr Cook was apprehended while driving on 18 February 2010 at which time an evidential breath test registered an alcohol level of 538 micrograms per litre of breath. Mr Cook was convicted in the Hastings District Court on 15 April 2010, sentenced to 140 hours community work and disqualified from driving for a year and a day.

The respondent has agreed to suspension of his 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 029/GM/083/2006, issued to Nigel Edward Cook, is suspended for four weeks from Monday 27 September 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 two year s until 15 August 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 27th day of August 2010

______________________
B M Holmes
Secretary

Nigel Cook.doc(ab)