Stevenson v Botherway [2011] NZLLA 867 (11 August 2011)

Last Updated: 31 August 2011

[2011] NZLLA PH 867

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 a General Manager's Certificate number 029/GM/078/2008 issued to CHRISTINE ANNE BOTHERWAY

BETWEEN MICHAEL CHARLES STEVENSON

(Police Officer of Hastings)

Applicant

AND CHRISTINE ANNE BOTHERWAY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at NAPIER on 3 August 2011

APPEARANCES

Sergeant M C Stevenson – NZ Police – applicant
Mr D J Porteous – for respondent
Mr J H Lovatt – Hastings District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension of General Manager's Certificate issued to the respondent. The grounds for the application were that the conduct of Ms Botherway was such as to show that she is not a suitable person to hold a certificate. In particular, (as was admitted at the hearing) on 21 January 2011 the respondent was convicted of driving with excess alcohol. The reading was 460 micrograms of alcohol per litre of breath.

[2] At the hearing counsel for the respondent agreed that a suspension for 30 days was in order. The only issue was the timing of that suspension.

[3] The respondent’s General Manager's Certificate is suspended for 30 days commencing 10 September 2011.

DATED at WELLINGTON this 11TH day of August 2011

B M Holmes
Secretary

Christine Botherway.doc(aw)