McGrath v O'Connor [2011] NZLLA 1202 (19 October 2011)

Last Updated: 1 December 2011

[2011] NZLLA PH 1202

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/3255/93 issued to NICHOLAS BRIAN O’CONNOR

BETWEEN CHERYL JANE McGRATH

(Police Officer of New Plymouth)

Applicant

AND NICHOLAS BRIAN O’CONNOR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NEW PLYMOUTH on 13 October 2011

APPEARANCES

Senior Constable C J McGrath – NZ Police – applicant
Mr N B O’Connor – respondent

DECISION OF THE AUTHORITY

[1] Mr O’Connor is a human resources adviser to Mill Liquor Save Limited. His General Manager's Certificate expires on 29 January 2013. On 18 June 2011 an application was made pursuant to s.135 of the Act for the suspension or cancellation of his General Manager's Certificate. The application alleges pursuant to s.135(3)(b) of the Act that the conduct of Mr O’Connor as a manager is such as to show that he is not a suitable person to hold the certificate. In particular it claims that on 19 May 2011 he was convicted of driving with an excess breath alcohol level with a reading of 1034 micrograms of alcohol per litre of breath.

[2] Mr O’Connor admitted the conviction. He recognises that it is appropriate that there be a suspension of his General Manager's Certificate in accordance with s.135(6) of the Act.

[3] Accordingly Mr O’Connor’s General Manager's Certificate is suspended for 30 days commencing 1 November 2011.

DATED at WELLINGTON this 19TH day of October 2011

B M Holmes
Secretary

Nicholas O’Connor.doc(aw)