Clement v Bowman [2012] NZLLA 340 (10 April 2012)

Last Updated: 4 May 2012

[2012] NZLLA 340

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 002/GM/34/2008 issued to DIANNE MAY BOWMAN

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND DIANNE MAY BOWMAN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Sergeant H P Clement of Whangarei Police dated 27 March 2012, for suspension of a General Manager’s Certificate held by Dianne May Bowman.

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 Friday 24 December 2010 while driving at Onerahi Ms Bowman was processed by the Police for alcohol intake and registered an excess level of 550 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 26 January 2011 she was convicted in the Whangarei District Court, fined $450 plus Court costs and disqualified from driving for six months.

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:

General Manager’s Certificate number 002/GM/34/2008, issued to Dianne May Bowman, is suspended for three weeks from Monday 14 May 2012.

DATED at WELLINGTON this 10th day of April 2012

B M Holmes
Secretary Dianne Bowman.doc(ab)