Cox v Garton [2011] NZLLA 412 (10 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA PH 412-413

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 09/GM/473/2009 issued to JESSICA BETH GARTON

BETWEEN STEPHEN GOODHALL COX

(Police Officer of Manukau)

Applicant

AND JESSICA BETH GARTON

Respondent

AND

IN THE MATTER of an application by JESSICA BETH GARTON 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: Ms J D Moorhead

HEARING at PAPAKURA on 6 May 2011

APPEARANCES

Constable T Kopyl – NZ Police – applicant and in opposition to application for renewal of General Manager’s Certificate
Ms J B Garton – respondent and applicant for renewal of General Manager’s Certificate
Mr P A Radich – Auckland District Licensing Agency Inspector – in opposition to application for renewal of General Manager’s Certificate

DECISION OF THE AUTHORITY

[1] There are two applications before the Authority. The first is an application by the Police for the suspension of Ms Garton’s General Manager's Certificate. In addition, Ms Garton has made an application for the renewal of her General Manager's Certificate.

[2] The application for suspension has been brought upon the grounds set out in s.135(3)(b) of the Act to the effect that on 13 September 2010 the conduct of the manager was such as to show that she was not a suitable person to hold the certificate. In particular on that day she was apprehended for driving a motor vehicle with excess alcohol in her breath. The level of alcohol found in her breath was 805 micrograms of alcohol per litre of breath which is a very high level.

[3] The application for the renewal of the General Manager's Certificate was opposed by the Police and the Inspector upon the same grounds.

[4] At the hearing Ms Garton admitted the offence and subsequent conviction.

[5] The grounds for the application for suspension of the General Manager's Certificate have been made out. The Authority considers that it is desirable that there be a suspension. In these circumstances Ms Garton’s General Manager's Certificate is suspended for 30 days commencing 23 May 2011.

[6] In the circumstances it is appropriate that the General Manager's Certificate be renewed but for a further probationary term. Accordingly Ms Garton’s General Manager's Certificate is renewed for 16 months from 17 December 2010.

DATED at WELLINGTON this 10TH day of May 2011

B M Holmes
Secretary

Jessica Garton.doc(aw)