Lewis v Tomuri [2012] NZLLA 356 (10 April 2012)

Last Updated: 28 May 2012

[2012] NZLLA 356

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 049/GM/7/2011 issued to SEAN CHRISTOPHER TOMURI

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND SEAN CHRISTOPHER TOMURI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Sergeant J R Lewis of Wellington Police dated 16 March 2012, for suspension of a General Manager’s Certificate held by Sean Christopher Tomuri.

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.

On Monday 24 October 2011 while driving at Wellington Mr Tomuri was processed by the Police for alcohol intake and registered an excess level of 163 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 18 November 2011 he was convicted in the Wellington District Court, fined $900 with $440.85 costs and disqualified from driving for seven months. We note that this is the second liquor related traffic conviction incurred by Mr Tomuri within three years.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 049/GM/7/2011, issued to Sean Christopher Tomuri, is suspended for six weeks from Monday 7 May 2012.

DATED at WELLINGTON this 10th day of April 2012

B M Holmes
Secretary

Sean Tomuri.doc(ab)