Clement v Jones [2012] NZLLA 395 (19 April 2012)

Last Updated: 12 June 2012

[2012] NZLLA 395

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/62/2011 issued to DAVID ANDREW JONES

BETWEEN HOWARD PHILIP CLEMENT

(Police Officer of Whangarei)

Applicant

AND DAVID ANDREW JONES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

DECISION

We have before us an application by Sergeant H P Clement of Whangarei Police dated 29 March 2012, for suspension of a General Manager’s Certificate held by David Andrew Jones.

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 Friday 23 December 2011 while driving at Whangarei, Mr Jones was processed by the Police for alcohol intake and registered an excess level of 1061 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 18 January 2012 he was convicted in the Whangarei District Court, fined $950 with $132.89 Court costs and disqualified from driving for seven months.

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 002/GM/62/2011, issued to David Andrew Jones, is suspended for four weeks from Monday 21 May 2012.

DATED at WELLINGTON this 19TH day of April 2012

B M Holmes
Secretary David Jones.doc(ab)