Newell v Jenkins [2011] NZLLA 1029 (6 September 2011)

Last Updated: 14 October 2011

[2011] NZLLA PH 1029

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 GM/2009/88 issued to MATTHEW ARTHUR JENKINS

BETWEEN KEITH PHILIP NEWELL

(Police Officer of Queenstown)

Applicant

AND MATTHEW ARTHUR JENKINS

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
Mr M A Jenkins – respondent

DECISION OF THE AUTHORITY

[1] At the hearing of the application for the suspension of Mr Jenkins’ General Manager's Certificate, Mr Jenkins conceded that in accordance with s.135(3)(b) of the Act that there were grounds to support the application. He agreed that on 3 August 2010 he was convicted of breaching the Queenstown local liquor ban. He also conceded that on 6 October 2010 in the Queenstown District Court he was convicted of driving with excess breath alcohol. The level was 581 micrograms of alcohol per litre of breath.

[2] Mr Jenkins advised the Authority that he has not worked as a general manager since the date of the last conviction, namely 6 October 2010. He thought that on that date his General Manager's Certificate was automatically suspended.

[3] Whilst the facts indicated that it is desirable that an order be made in accordance with s.135(6) of the Act, in this case the applicant does not seek an order. The reason the applicant does not seek an order is that Mr Jenkins has effectively served a voluntary suspension for more than 11 months, normally, any suspension order in circumstances such as this would probably be for approximately 30 days.

[4] There is no order.

DATED at WELLINGTON this 6TH day of September 2011

B M Holmes
Secretary

Matthew Jenkins.doc(aw)