Lewis v Hunter [2012] NZLLA 40 (25 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 040-041

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/44/2011 issued to TODD BARCLAY HUNTER

BETWEEN JOHN ROBERTSON LEWIS

(Police Officer of Wellington)

Applicant

AND TODD BARCLAY HUNTER

Respondent

AND

IN THE MATTER of an application by TODD BARCLAY HUNTER pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Ms J D Moorhead

DECISION

We have before us an application by Sergeant J R Lewis of Wellington Police dated 4 January 2012, for suspension of a General Manager’s Certificate held by Todd Barclay Hunter.

We are also asked to determine an application to renew the certificate. The Police oppose renewal for the reasons set out in the application for suspension, the grounds for which are 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 14 October 2011 while driving at Petone, Mr Hunter was processed by the Police for alcohol intake and registered an excess level of 216 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 1 December 2011 he was convicted in the Lower Hutt District Court, fined $850 and disqualified from driving for six months.

The respondent does not dispute the grounds for the enforcement application and he has agreed to suspension of his manager’s certificate. As a consequence Police opposition to renewal is withdrawn. Accordingly, we make the following order by consent:

General Manager’s Certificate number 049/GM/44/2011, issued to Todd Barclay Hunter, is suspended for six weeks from Monday 20 February 2012.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate until 2 February 2015. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 25th day of January 2012

B M Holmes
Secretary

Todd Hunter.doc(ab)