Pain v Te Paa [2011] NZLLA 977 (30 August 2011)

Last Updated: 29 September 2011

[2011] NZLLA 977

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 club manager’s certificate number

CM 116/97 issued to MARILYN CLAIRE TE PAA

BETWEEN SIMON MARK PAIN

(Police Officer of Hastings)

Applicant

AND MARILYN CLAIRE TE PAA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Acting Sergeant S M Pain of Hastings Police dated 15 July 2011, for suspension of a General Manager’s Certificate held by Marilyn Claire Te Paa.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On Thursday 31 March 2011, while driving at Omahu Road, Hastings, Ms Te Paa was processed by the Police for alcohol intake and registered an excess level of 124 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 13 May 2011 she was convicted in the Napier District Court, ordered to pay $172.50 costs, disqualified from driving for nine months and sentenced to 75 hours community work.

We note that Ms Te Paa was brought to the Authority’s attention for a similar lapse of judgement in February 2009, culminating in a public hearing (decision NZLLA PH 230/2009) at which her manager’s certificate was suspended for three weeks. We would make the observation that it is disappointing that a manager of Ms Te Paa’s maturity and experience should set such a poor example. Nevertheless the Police have elected to deal with the matter by way of a negotiated settlement.

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

Club manager’s certificate number CM 116/97, issued to Marilyn Claire Te Paa, is suspended for four weeks from Monday 24 October 2011.

DATED at WELLINGTON this 30TH day of August 2011

B M Holmes
Secretary

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