Whittle v Gezano [2011] NZLLA 260 (1 April 2011)

Last Updated: 21 April 2011

[2011] NZLLA 260

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/007/9170/10 issued to HUGO MARIANO GENZANO

BETWEEN GARY SELWYN WHITTLE

(Police Liquor Licensing Administrator of Auckland)

Applicant

AND HUGO MARIANO GENZANO

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Mr G S Whittle, Auckland Police Liquor Licensing Administrator dated 28 January 2011, for suspension of a General Manager’s Certificate held by Hugo Mariano Genzano.

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 24 December 2010, while driving in Kohimarama, Auckland, Mr Genzano failed to take a corner and he collided with another vehicle. He was processed by the Police for alcohol intake and registered an excess level of 637 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 28 January 2011 Mr Genzano appeared in the Auckland District Court at which time he entered no plea and was remanded until 4 February 2011.

Nevertheless, in discussions with the Police 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/007/9170/10, issued to Hugo Mariano Genzano, is suspended for six weeks from Monday 2 May 2011.

DATED at WELLINGTON this 1st day of April 2011

B M Holmes
Secretary

Hugo Genzano.doc(ab)