Williams V Hammond [2012] NZLLA 424 (30 April 2012)

Last Updated: 20 June 2012

[2012] NZLLA 424

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 Club Manager’s Certificate number

CM 005/2008 issued to DAVID ANDREW HAMMOND

BETWEEN KARL ANTHONY WILLIAMS

(Police Officer of Marton)

Applicant

AND DAVID ANDREW HAMMOND

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Senior Constable K A Williams of Marton Police dated 10 April 2012, for suspension of a General Manager’s Certificate held by David Andrew Hammond.

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 Saturday 26 November 2011 while driving at Hunterville, Mr Hammond was processed by the Police for alcohol intake and registered an excess level of 699 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 9 February 2012 he was convicted in the Marton District Court, fined $900 with $132.89 Court costs and disqualified from driving for eight 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 CM 005/2008, issued to David Andrew Hammond, is suspended for four weeks from Monday 11 June 2012.

DATED at WELLINGTON this 30th day of April 2012

B M Holmes
Secretary David Hammond.doc(ab)