Dalziell-Kernohan v Gulati [2011] NZLLA 840 (9 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA 840-841

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/1521/10 issued to HARLEEN SINGH GULATI

BETWEEN JAMES ROBIN DALZIELL-KERNOHAN

(Police Officer of Hamilton)

Applicant

AND HARLEEN SINGH GULATI

Respondent

AND

IN THE MATTER of an application by HARLEEN SINGH GULATI 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: Mr P M McHaffie

DECISION

We have before us an application by Sergeant J R Dalziell-Kernohan of Hamilton Police dated 22 July 2011, for suspension of a General Manager’s Certificate held by Harleen Singh Gulati.

We are also asked to determine an application to renew the certificate. The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On Saturday 25 September 2010, while driving at River Road, Hamilton Mr Gulati was involved in a non-injury traffic accident. He was processed for alcohol intake at the scene by the Police, and he registered an excess level of 519 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 15 October 2010 he was convicted in the Hamilton District Court, fined $420 and disqualified from driving for six months.

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

General/Club Manager’s Certificate number 014/GM/1521/10, issued to Harleen Singh Gulati, is suspended for six weeks from 1 September 2011.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate until 15 April 2014. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 9th day of August 2011

B M Holmes
Secretary

Harleen Gulati.doc(ab)