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McCullough v Laiman [2011] NZLLA 512 (14 June 2011)

[AustLII] New Zealand Liquor Licensing Authority

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McCullough v Laiman [2011] NZLLA 512 (14 June 2011)

Last Updated: 15 July 2011

[2011] NZLLA 512


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 024900 issued to MICHAEL WILLIAM LAIMAN


BETWEEN JAMES DENNIS MCCULLOUGH

(Police Officer of Whangarei)


Applicant


AND MICHAEL WILLIAM LAIMAN


Respondent


BEFORE THE LIQUOR LICENSING AUTHORITY


Quorum: Mr P M McHaffie
Ms J D Moorhead


DECISION


We have before us an application by Sergeant J McCullough of Whangarei Police, dated 17 May 2011, for suspension of a General Manager’s Certificate held by Michael William Laiman.


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


On 27 March 2011, while driving at Whangarei, Mr Laiman was processed by the Police for alcohol intake and registered an excess level of 584 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.


On 2 May 2011, Mr Laiman was convicted in the Whangarei District Court, fined $500 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 GM 024900, issued to Michael William Laiman, is suspended for three weeks from Monday 18 July 2011.


DATED at WELLINGTON this 14th day of June 2011


B M Holmes
Secretary Laiman.doc (OS)


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