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Newell v Grigor [2011] NZLLA 1016 (8 September 2011)

Last Updated: 14 October 2011

[2011] NZLLA PH 1016

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 GM/059/441/2004 issued to TRACY GREGOR

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND TRACY GREGOR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at QUEENSTOWN on 31 August 2011

APPEARANCES

Sergeant K P Newell – NZ Police – applicant
Ms T Gregor – respondent


DECISION OF THE AUTHORITY


[1] This decision relates to an application for the suspension or cancellation of the General Manager's Certificate issued to Ms Gregor. In accordance with s.135(3)(b) of the Act the application alleges that on 9 March 2011 Ms Gregor was convicted of driving whilst disqualified and driving with excess breath alcohol. The level was 919 micrograms of alcohol per litre of breath which is a very high reading. As Ms Gregor conceded the conviction. It is apparent that there are grounds to support the application.

[2] Ms Gregor advised that the incident occurred when she was out with a friend. The boyfriend of the friend assaulted another person. Ms Gregor thought that she should remove her friend and the boyfriend where the incident occurred and accordingly drove.

[3] The explanation shows a lack of judgement fuelled by an excessive amount of liquor.

[4] Mr Mill, representing Ms Gregor’s employer advised that Ms Gregor is an excellent employee who has recently been promoted to a very responsible position within the business. He thinks that she has learned her lesson. Ms Gregor has undertaken counselling as a result of the offending. Nevertheless, the Authority is concerned that Ms Gregor has committed two drink driving offences (both with very high readings) within a period of approximately 15 months. This denotes a pattern of heavy drinking which on two occasions resulted in driving.

[5] Ms Gregor has undertaken that she will not use her General Manager's Certificate for the next 14 months except when working for her current employer or such other employer as approved by the District Licensing Agency Inspector. Further, she has accepted that when she applies for the renewal of her General Manager's Certificate (it expires on 4 October 2011) the term of renewal will be for a period of 12 months only.

[6] The Authority accepts both undertakings and takes them into account in its decision. Nevertheless, the Authority is very concerned that whilst Ms Gregor may well be a good employee, nevertheless the two convictions indicate that serious liquor abuse has been occurring and, in the Authority’s experience, is likely to continue unless Ms Gregor takes serious and consistent measures to substantially reduce her liquor consumption. It is in her interests to do so because should Ms Gregor appear before the Authority again in respect of a similar matter it is likely that her General Manager's Certificate will be cancelled.

[7] The General Manager's Certificate issued to Ms Gregor is suspended for three months commencing 19 September 2011.

DATED at WELLINGTON this 5TH day of September 2011

B M Holmes
Secretary

Tracy Gregor.doc(aw)


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