Pillay v Litchfield [2012] NZLLA 1202 (26 October 2012)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Pillay v Litchfield [2012] NZLLA 1202 (26 October 2012)

Last Updated: 12 November 2012

[2012] NZLLA PH 1202

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 or cancellation of Club Manager’s Certificate number 022/CM/5/02 issued to IAN THOMAS LITCHFIELD

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND IAN THOMAS LITCHFIELD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 18 October 2012

APPEARANCES

Constable S G Cox – NZ Police – applicant
Mr I T Litchfield – respondent

DECISION OF THE AUTHORITY

[1] Pursuant to s.135 of the Act an application has been brought by the Police seeking the suspension or cancellation of the Club Manager’s Certificate issued to the respondent. The application alleges that on 31 April 2012 the respondent’s conduct was such as to show that he was not a suitable person to hold the certificate.

[2] It was alleged that on 1 April 2012 the respondent was the driver of a motor vehicle. As a result of a blood test it was found that his blood contained 113 milligrams of alcohol 100 millilitres of blood. The respondent admitted the facts and informed the Authority that he was subsequently convicted.

[3] The grounds for the application have been established. The issue is whether it is desirable in terms of s.135(6) of the Act to make any order.

[4] The respondent submitted:

• [a] As he had already been convicted and sentenced for driving with excess alcohol, it was unjust that he should also have his Club Manager’s Certificate suspended;
  
• [b] As, subsequent to the incident, his application for the renewal of his Club Manager’s Certificate had been granted unopposed, the Police had accepted his suitability to hold the Club Manager’s Certificate.
  

[5] The answer to the first proposition is that when the holder of a Club Manager’s Certificate drives with excess alcohol in his blood, he offends against s.4 of the Sale of Liquor Act. Amongst other things, s.4 states that the object of the Act is a reduction in liquor abuse. Driving with excess alcohol in one’s blood involved the abuse of liquor. The holder of a Club Manager’s Certificate is required to set an example to his patrons by not abusing liquor. On 1 April 2012 the respondent did abuse liquor and accordingly his suitability on that date came into question.

[6] The answer to the second proposition is that the Authority construes s.135(3)(b) of the Act as referring to a lack of suitability on the day of the incident only. There was no suggestion of repetitive offending. Accordingly, on 1 April 2012 the respondent’s suitability to hold a Club Manager’s Certificate was compromised. This does not affect his overall suitability in respect of the renewal application. Thus, the Police were correct on not opposing the renewal application.

[7] It is desirable that a suspension order be made. The previous offending in the 1980s is ignored.

[8] The respondent’s Club Manager’s Certificate is suspended for 30 days commencing 7.00 am on Monday 5 November 2012.

DATED at WELLINGTON this 26th day of October 2012

B M Holmes
Secretary

Ian Litchfield.doc(aw)