Pillay v Naidu [2011] NZLLA 1429 (5 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA PH 1429

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/08/152/2008 issued to WARSHA DEVI NAIDU

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND WARSHA DEVI NAIDU

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at PAPAKURA on 16 November 2011

APPEARANCES

Constable T Kopyl – NZ Police - applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] An application has been brought pursuant to s.135 of the Act for suspension of the General Manager's Certificate issued to Warsha Devi Naidu. The grounds of the application state that Ms Naidu’s conduct is such as to show that she is not a suitable person to hold a General Manager's Certificate. In particular it alleges an incident when the respondent registered an excess blood alcohol level while driving a motor vehicle.

[2] There was no appearance by the respondent and the matter proceeded by way of formal proof. The evidence shows that on 17 May 2011 at 11.54 pm the respondent was involved in an accident in Mt Roskill when her vehicle spun out of control. Police attended and a blood alcohol reading of 229 milligrams of alcohol per 100 millilitres of blood was found. This is almost three times the legal limit of 80 milligrams of alcohol per 100 millilitres of blood. She was subsequently convicted in the Auckland District Court on 31 August 2011 of driving a motor vehicle in a dangerous manner and driving with excess blood alcohol content.

[3] The Police also sought to adduce evidence of an earlier drink driving conviction as part of the application however that matter had not been specified as a ground of the application before us. Nor had a suspension application been made at the time of the earlier incident as we would have expected.

[4] While there was a suggestion that the respondent might not be working in the industry, cancellation had not been sought.

[5] We note that the certificate was first issued in 2008 and is due to expire on 13 June 2012. If she is no longer working in the industry then we would not expect the certificate to be renewed.

[6] The Authority is satisfied that the grounds for the application have been proved and that it is desirable for the General Manager's Certificate to be suspended. Accordingly Ms Naidu’s General Manager's Certificate is suspended for eight weeks commencing on 19 December 2011.

DATED at WELLINGTON this 5TH day of December 2011

M Langworthy
Deputy Secretary

Warsha Devi Naidu.doc