Ngatai v Charan [2010] NZLLA 981 (3 September 2010)

Last Updated: 17 September 2010

[2010] NZLLA 981

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 027/GM/377/2008 issued to PRABHASH CHARAN

BETWEEN ISAAC HOANI NGATAI

(Police Officer of Gisborne)

Applicant

AND PRABHASH CHARAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us an application by Sergeant I H Ngatai of Gisborne Police dated 4 August 2010, for suspension of a General Manager’s Certificate held by Prabhash Charan.

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.

Mr Charan was involved in an accident while driving on 11 January 2010. The Police removed him from his vehicle at which time he exhibited signs of recent alcohol intake. An evidential breath test registered an excess level of 1090 micrograms of alcohol per litre of breath.

The maximum permissible level is 400 micrograms of alcohol per litre of breath. In other words Mr Charan was more than two and a half times in excess of the permissible limit.

On 10 March 2010 Mr Charan appeared in the Gisborne District Court in answer to the charge of driving with excess breath alcohol. He was convicted, sentenced to 75 hours community work, six months supervision, disqualified from driving for nine months and required to make reparation in the amount of $19839.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Mr Charan has further agreed that when the certificate next falls due for renewal in August 2011 his application will be forwarded to the Authority at which time the certificate will be renewed for 18 months. Accordingly, we make the following order by consent:

General Manager’s Certificate number 027/GM/377/2007, issued to Prabhash Charan, is suspended for four weeks from 1 October 2010.

DATED at WELLINGTON this 3rd day of September 2010

______________________
B M Holmes
Secretary

Prabhash Charan.doc(ab)