Joy v Steward [2012] NZLLA 291 (21 March 2012)

Last Updated: 29 March 2012

[2012] NZLLA PH 291

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/060/32/2010 issued to BRIEN WADE STEWARD

BETWEEN STUART JOHN JOY

(Police Officer of Christchurch)

Applicant

AND BRIEN WADE STEWARD

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at CHRISTCHURCH on 13 March 2012

APPEARANCES

Sergeant A J Lawn – NZ Police – applicant
Ms T Aickin – for respondent
Miss F A Proudfoot – Christchurch District Licensing Agency Inspector – to assist

DECISION OF THE AUTHORITY

[1] Before the Authority is an application pursuant to s.135 of the Act by Constable Stuart John Joy of the Christchurch Police for the suspension of the General Manager's Certificate issued to Brien Wade Steward.

[2] The ground for the application is that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate. In particular it was alleged that Mr Steward has incurred a conviction for driving with an excess blood alcohol level.

[3] The facts are admitted by Mr Steward and the criminal and traffic history list was admitted by consent. The evidence is that on 14 May 2011 Mr Steward was stopped at a compulsory breath test checkpoint. Both the breath screening test and the evidential breath test were positive. A blood sample was given and subsequent analysis showed a blood alcohol concentration of 167 milligrams of alcohol per 100 millilitres of blood, the legal limit being 80 milligrams of alcohol per 100 millilitres of blood. Mr Steward was convicted in the Christchurch District Court on 31 August 2011. He was fined $800 and disqualified from driving for seven months.

[4] Mr Steward is a 29 year old bar manager. His manager’s certificate was issued in 2010. Counsel for Mr Steward made submissions by way of mitigation. We also heard from Mr Steward. We were advised that Mr Steward had found it difficult to find work in the hospitality industry in Christchurch due to the widespread closure and relocation of bars, cafes and restaurants. He has had periods of unemployment, although we note that he said it was due to his conviction rather than the earthquakes that he lost one job.

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

“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.”

[6] We are satisfied that the grounds of the application have been made out and that it is desirable to make an order for suspension. We have however, allowed him to elect when the period of suspension should commence.

[7] Accordingly we make the following order:

General Manager's Certificate number GM/060/32/2010 issued to Brien Wade Steward is suspended for two weeks commencing on Wednesday 21 March 2012.

DATED at WELLINGTON this 21st day of March 2012

B M Holmes
Secretary

Brien Wade Steward.doc