Chenery v Kumar [2011] NZLLA 3 (13 January 2011)

Last Updated: 28 January 2011

[2011] NZLLA 0003

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/005/269/2009 issued to DINESH KUMAR

BETWEEN SHONTAHL JAYDI CHENERY

(Police Officer of North Shore)

Applicant

AND DINESH KUMAR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Constable S J Chenery of North Shore Police dated 2 December 2010, for suspension of a General Manager’s Certificate held by Dinesh Kumar.

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 13 August 2010, while driving at Newmarket, Auckland, Mr Kumar drove over a traffic island causing both tyres on the driver’s side of his vehicle to deflate. His action was brought to the attention of the Police who processed him for alcohol intake.

Mr Kumar was unable to complete an evidential breath test and only complied with an officer’s request for a blood sample after being warned that he faced arrest. He registered an excess level of 196 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 29 November 2010 Mr Kumar was convicted in the Auckland District Court, fined $900 and disqualified from driving for seven 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/005/269/2009, issued to Dinesh Kumar, is suspended for 30 days from Monday 21 February 2011.

DATED at WELLINGTON this 13th day of January 2011

______________________
B M Holmes
Secretary

Dinesh Kumar.doc(ab)