McGlone v Sharma [2011] NZLLA 392 (5 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA 392

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 021/GM/11311/2008 issued to VARINDER SHARMA

BETWEEN NIGEL PETER MCGLONE

(Police Officer of Tauranga)

Applicant

AND VARINDER SHARMA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Sergeant P N McGlone of Tauranga Police dated 13 April 2011, for suspension of a General Manager’s Certificate held by Varinder Sharma.

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 Wednesday 16 February 2011, while driving at Tauranga, Mr Sharma was processed by the Police for alcohol intake and registered an excess level of 580 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 24 March 2011 he was convicted in the Tauranga District Court, fined $450 and disqualified from driving for six 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 021/GM/11311, issued to Varinder Sharma, is suspended for 30 days from 1 June 2011.

DATED at WELLINGTON this 5TH day of May 2011

B M Holmes
Secretary

Varinder Sharma.doc(ab)