Fry v Ranchhod [2011] NZLLA 815 (8 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA 815

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/007/1296/09 issued to HARSHADBHAI RANCHHOD PATEL

BETWEEN DAVID JOHN FRY

(Police Officer of Auckland)

Applicant

AND HARSHADBHAI RANCHHOD PATEL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Constable D J Fry of Auckland Police dated 1 December 2010, for suspension of a General Manager’s Certificate held by Harshadbhai Ranchhod Patel.

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 12 February 2010 while driving at North Shore, Mr Patel was processed by the Police for alcohol intake and registered an excess level of 922 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 5 May 2010 he was convicted in the North Shore District Court, fined $770 and disqualified from driving for eight 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/007/1296/09, issued to Harshadbhai Ranchhod Patel, is suspended for five weeks from Monday 5 September 2011.

DATED at WELLINGTON this 8th day of August 2011

B M Holmes
Secretary

Harshadbhai Patel.doc(ab)