Lancaster v Graham [2012] NZLLA 466 (7 May 2012)

Last Updated: 21 June 2012

[2012] NZLLA 466

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 027720 issued to DAVID WILLIAM GRAHAM

BETWEEN KERRY RUTH LANCASTER

(Police Officer of Christchurch)

Applicant

AND DAVID WILLIAM GRAHAM

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 Constable K R Lancaster dated 10 April 2012, for suspension of a General Manager’s Certificate held by David William Graham.

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 19 November 2011 while driving at Christchurch Mr Graham failed a breath screening test for alcohol intake. He elected to undergo a blood test and registered an excess level of 110 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

On 5 March 2012 Mr Graham pleaded guilty in the Christchurch District Court to a charge of driving with excess blood alcohol content. He was convicted, fined $600 and disqualified from driving for six months.

The respondent does not dispute the ground for the application and he has agreed to suspension of his manager’s certificate. Mr Graham has requested that the term of suspension commence after Christmas 2012. While we generally endeavour to grant a reasonable period between the issue of any order and the date upon which its execution will commence, we are not prepared to delay commencement of the suspension for what we consider to be an unrealistic length of time.

In the circumstances Mr Graham will be required to consider the employment of an additional certificated manager for the period of suspension as necessary. Accordingly, we make the following order by consent:

General Manager’s Certificate number 027720, issued to David William Graham, is suspended for 30 days from 1 July 2012.

DATED at WELLINGTON this 7th day of May 2012

B M Holmes
Secretary

David Graham.doc(ab)