Fitzsimons v Vorwerg [2011] NZLLA 511 (14 June 2011)

New Zealand Liquor Licensing Authority

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Fitzsimons v Vorwerg [2011] NZLLA 511 (14 June 2011)

Last Updated: 15 July 2011

[2011] NZLLA 511

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 051/GM/21/09 issued to DAGMAR VORWERG

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND DAGMAR VORWERG

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Sergeant M P Fitzsimons of Nelson Police dated 6 May 2011, for suspension of a General Manager’s Certificate held by Dagmar Vorwerg.

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

On 10 February while driving at Sandy Bay, Ms Vorwerg was processed by the Police for alcohol intake and registered an excess level of 102 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 21 March 2011 she was convicted in the Nelson District Court, fined $500 with costs and disqualified from driving for six months.

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

General Manager’s Certificate number 051/GM/21/09, issued to Dagmar Vorwerg, is suspended for four weeks from Monday 18 July 2011.

DATED at WELLINGTON this 14th day of June 2011

B M Holmes
Secretary Dagmar Vorwerg.doc(ab)