Dalziell-Kernohan v Lobb [2011] NZLLA 781 (29 July 2011)

Last Updated: 29 August 2011

[2011] NZLLA 781

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 014/GM/30/2010 issued to MICHAEL GARY LOBB

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND MICHAEL GARY LOBB

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 Serbeant J R Dalziell-Kernohan of Hamilton Police dated 20 March 2011, for suspension of a General Manager’s Certificate held by Michael Gary Lobb.

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 11 August 2010 Mr Lobb was processed by the Police for alcohol intake and failed a preliminary breath screening test. He elected to undergo a blood analysis and registered an excess alcohol level of 124 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

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 014/GM/30/2010, issued to Michael Gary Lobb, is suspended for four weeks from Monday 5 September 2011.

DATED at WELLINGTON this 29th day of July 2011

M Langworthy
Deputy Secretary

Michael Lobb.doc(ab)