Lewis v Andrews [2012] NZLLA 218 (6 March 2012)

Last Updated: 20 March 2012

[2012] NZLLA PH 218

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 General Manager's Certificate 048/GMC/993/2003 issued to EUAN GARTH ANDREWS

BETWEEN JOHN LEWIS

(Police Officer of Wellington)

AND EUAN GARTH ANDREWS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at WELLINGTON on 29 February 2012

APPEARANCES

Sergeant J R Lewis – NZ Police – applicant
Mr E G Andrews – respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] We have before us an application by Sergeant John Lewis of Wellington Police dated 14 February 2011 for suspension of a General Manager's Certificate held by Euan Garth Andrews. The ground for the application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

[2] At about 11.55 pm on Saturday 8 May 2010 Mr Andrews was the driver of a motor vehicle travelling on Jervois Quay, Wellington. He was stopped by Police at a checkpoint to undergo compulsory alcohol breath testing proceedings. The breath screening test was positive and a subsequent evidential breath test returned a positive result.

[3] Mr Andrews elected to give a blood sample to be analysed for blood alcohol content. The result of this analysis was that an alcohol concentration of 124 milligrams of alcohol per 100 millilitres of blood was found. The permissible limit is 80 milligrams of alcohol per 100 millilitres of blood.

[4] After some delay Mr Andrews was convicted in the Wellington District Court on 13 December 2010. He was fined $600 and ordered to pay analyst fees, Court costs and medical expenses. He was also disqualified from driving for six months. That conviction resulted in the current application being brought by the Police.

[5] The application was originally scheduled to be heard by the Authority last year but Mr Andrews was overseas.

[6] Mr Andrews admits the facts and the conviction but wished to make submissions to the Authority in regard to penalty. After hearing from Mr Andrews we are not persuaded that this is a case where we should exercise our discretion not to impose an order. The grounds are made out and we believe that it is desirable to make an order for the suspension of Mr Andrews’ General Manager's Certificate. Mr Andrews was however, able to nominate when the suspension would commence.

[7] In the decision of Martin Ferguson v Alister Robert Lyon NZLLA PH 57/2003 it was stated:

“It is our view that if managers are guilty of breaches of the drink driving provisions of the Land Transport Act they must expect their certificates to be suspended for a period. The length of the period should represent a balance between the seriousness of the offending and the maximum term of six months. In the majority of cases such a result will be seen by the Authority as a desirable step towards the promotion of the object of the Act.”

[8] Mr Andrews’ General Manager's Certificate was first issued in 2003 and is due for renewal in two weeks time on 15 March 2012. We have been advised that a renewal application has been recently made with the Wellington District Licensing Agency. Mr Andrews indicated at the hearing that he is prepared to accept a shortened renewal period of one year rather than the usual three year period.

[9] Accordingly we make the following order:

General Manager's Certificate number 048/GMC/993/2003 issued to Euan Garth Andrews is suspended for three weeks from Monday, 9 April 2012.

DATED at WELLINGTON this 6TH day of March 2012

B M Holmes
Secretary

Euan Andrews.doc(aw)