Newell v Crosthwaite [2011] NZLLA 1028 (6 September 2011)

Last Updated: 14 October 2011

[2011] NZLLA PH 1028

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 068/GM/153/09 issued to FIONA JANE CROSTHWAITE

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND FIONA JANE CROSTHWAITE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at QUEENSTOWN on 2 September 2011

APPEARANCES

Sergeant K P Newell – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension of General Manager's Certificate issued to Fiona Jane Crosthwaite. There was no appearance at the hearing by Ms Crosthwaite. Apparently she has gone to Australia and is no longer working in the liquor industry.

[2] At the hearing it was proved that on 11 July 2011 in the Queenstown District Court Ms Crosthwaite was convicted of driving with excess blood alcohol. The level was 118 milligrams of alcohol per 100 millilitres of blood.

[3] In these circumstances the applicant has proved that the conduct of the manager on the day that she drove with excess blood alcohol is such as to show that she was not a suitable person to hold a General Manager's Certificate.

[4] In accordance with s.135(6) of the Act it is desirable that an order be made.

[5] Ms Crosthwaite’s General Manager's Certificate is suspended for 30 days from 19 September 2011.

DATED at WELLINGTON this 6TH day of September 2011

B M Holmes
Secretary

Fiona Crosthwaite.doc(aw)