Clearwater v Peel [2011] NZLLA 1490 (20 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1490

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 0085/2000 issued to BRIAN RICHARD PEEL

BETWEEN MURRAY ERIC CLEARWATER

(New Plymouth District Licensing Agency Inspector)

Applicant

AND BRIAN RICHARD PEEL

Respondent

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 Mr M E Clearwater, New Plymouth District Licensing Agency Inspector, dated 18 November 2011, for suspension of a General Manager’s Certificate held by Brian Richard Peel.

The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On Friday 12 August 2011 Mr Peel was processed by the Police for alcohol intake and registered an excess level of 527 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 25 August 2011 he was convicted in the New Plymouth District Court, fined $1000 with $132.89 costs and disqualified from driving for eight months.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM 0085/2000, issued to Brian Richard Peel, is suspended for 30 days from Monday 16 January 2012.

DATED at WELLINGTON this 20th day of December 2011

M Langworthy
Deputy Secretary

Brian Peel.doc(ab)