Newell v Colquhoun [2011] NZLLA 1018 (5 September 2011)

Last Updated: 14 October 2011

[2011] NZLLA PH 1018

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 068/GM/116/10 issued to CARA JANE COLQUHOUN

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND CARA JANE COLQUHOUN

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 C J Colquhoun – respondent

DECISION OF THE AUTHORITY

[1] An application has been made by the Police for the suspension of the General Manager's Certificate issued Ms Colquhoun. In accordance with s.135(3)(b) of the Act it is alleged that on 30 May 2011 Ms Colquhoun’s conduct was such as to show that she was not a suitable person to hold the certificate. As a result of the incident on 30 May 2011 she was convicted of driving with an excess level of 868 micrograms of alcohol per litre of breath. There is a previous conviction for driving with excess breath alcohol dated 30 January 2008.

[2] In the last 15 months a significant change has occurred in respect of the lifestyle of Ms Colquhoun. She has become a director of a company which operates licensed cafes. In particular, she is the working director and general manager of a local Queenstown cafe known as “Joe’s Garage”. At the time of the incident it seems that she was under considerable stress resulting from her increased responsibilities.

[3] Since then the other directors have provided additional support. They consider that she is a good representative of their business and have retained her services.

[4] Significantly, since the incident Ms Colquhoun has attended drug and alcohol counselling. This was part of her sentence. However, she has continued with drug and alcohol counselling sessions voluntarily. Further, she has a reference from the supervisor of her community work and it is clear that she has performed her sentence well.

[5] Taking all these factors into account, whilst it is desirable that a suspension order be made, there are mitigating circumstances.

[6] Ms Colquhoun’s General Manager's Certificate is suspended for 30 days commencing 19 September 2011. The Authority notes that at the time of the earlier conviction Ms Colquhoun was not the holder of a General Manager's Certificate.

DATED at WELLINGTON this 5TH day of September 2011

B M Holmes
Secretary

Cara Colquhoun.doc(aw)