McGrogan V Graves [2011] NZLLA 947 (23 August 2011)

Last Updated: 27 September 2011

[2011] NZLLA PH 947

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 cancellation of General Manager's Certificate 020/GM/275/2003 issued to JEREMY MICHAEL GRAVES

BETWEEN JAMES McGROGAN

(Police Officer of Taupo)

Applicant

AND JEREMY MICHAEL GRAVES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at TAUPO on 15 August 2011

APPEARANCES

Sergeant M S Robertson – NZ Police – applicant
Mr J M Graves – respondent
Mr G A Singer – Taupo District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] The parties in this application have reached an agreement which has been endorsed by the Authority. The application for the suspension or cancellation of Mr Graves’ manager’s certificate alleged, pursuant to s.135(3)(b) of the Act that Mr Graves’ conduct was such as to show that he is not a suitable person to hold a General Manager's Certificate. Three incidents were alleged. They were:

• [a] On 13 July 2008 Mr Graves was involved in drinking to excess and ultimately wrestling with another person on the ground;
  
• [b] On 14 November 2009 he and another were intoxicated on Lake Terrace, Taupo. There was an argument and a minor altercation;
  
• [c] On 21 July 2010 offences pursuant to s.52(1) of the Arms Act 1983 and s.202C of the Crimes Act 1961 were committed. As a result Mr Graves was convicted and ordered to come up for sentence if called upon.
  

[2] Each incident involved the excessive consumption of liquor. Thus, in a private capacity, Mr Graves has been abusing liquor.

[3] It was conceded that the grounds set forth in the application had been established.

[4] By consent, pursuant to s.135(7) of the Act the application is adjourned to 1 November 2012. If no further problems arise between now and 1 November 2012 the Authority will determine on the papers that the grounds have been made out but that there will be no order.

[5] Mr Graves’ General Manager's Certificate is due for renewal on 1 November 2011. When making application for its renewal Mr Graves has agreed that the renewed period should be for 12 months only.

DATED at WELLINGTON this 23RD day of August 2011

B M Holmes
Secretary

Jeremy Graves.doc(aw)