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Lancaster v Dodge [2011] NZLLA 1483 (19 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1483-1484

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 020 GM 160/2001 issued to KENNETH EDWARD DEAN DODGE

BETWEEN KERRY RUTH LANCASTER

(Police Officer of Christchurch)

Applicant

AND KENNETH EDWARD DEAN DODGE

Respondent

AND

IN THE MATTER of an application by KENNETH EDWARD DEAN DODGE pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie


DECISION

We have before us an application by Constable K R Lancaster of Christchurch Police dated 28 November 2011, for suspension of a General Manager’s Certificate held by Kenneth Edward Dean Dodge.

We are also asked to determine an application to renew the certificate. The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On Sunday 19 December 2010 while driving at Christchurch, Mr Dodge was processed by the Police for alcohol intake and registered an excess level of 457 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 20 January 2011 Mr Dodge, was convicted in the Christchurch District Court, fined $450 and disqualified from driving for six months.

The respondent does not dispute the grounds for the enforcement application and he agreed to suspension of his manager’s certificate. However, before a term of suspension could be imposed the premises in which he was then employed were damaged in the February 22 earthquake. The business is located in the ‘red’ zone. Accordingly the Police have recommended that no suspension order be made.

Mr Dodge had separately agreed to accept a shortened period of renewal of his manager’s certificate when next it was due to expire. Accordingly, we make no order in terms of s.135(6) of the Act and, being otherwise satisfied as to the matters to which we must have regard in s.126 of the Act, we renew the certificate for 12 months until 14 December 2012. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 19TH day of December 2011

M Langworthy
Deputy Secretary

Kenneth Dodge.doc(ab)


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