Clement v Hall [2012] NZLLA 262 (16 March 2012)

Last Updated: 29 March 2012

[2012] NZLLA 262

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 General Manager’s Certificate number GM 372/93 issued to DAVID GRAHAM HALL

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND DAVID GRAHAM HALL

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Sergeant H P Clement of Whangarei Police dated 27 February 2012, for suspension of a General Manager’s Certificate held by David Graham Hall.

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. In particular Mr Hall was convicted in the Auckland District Court of driving with an excess breath alcohol level, having been stopped by the Police on 1 May 2011 with a level of 1198 micrograms of alcohol per litre of breath, the legal limit being 400 micrograms per litre.

The respondent does not dispute the grounds of application and has agreed to the suspension of his certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM 372/93, issued to David Graham Hall, is suspended for six weeks from Monday 16 April 2012.

DATED at WELLINGTON this 16th day of March 2012

_____________________
B M Holmes
Secretary

David Hall.doc(bh)