Whittle v Meyer [2012] NZLLA 498 (17 May 2012)

Last Updated: 22 June 2012

[2012] NZLLA PH 498

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 GM 333/2007 issued to RUSSELL PAUL MEYER

BETWEEN GARY SELWYN WHITTLE

(Police Liquor Licensing Administrator of Auckland)

Applicant

AND RUSSELL PAUL MEYER

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 27 April 2012

APPEARANCES

Mr G S Whittle – NZ Police – applicant
Mr R P Meyer – respondent

DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Gary Selwyn Whittle of Auckland Police for the suspension of a General Manager's Certificate issued to Russell Paul Meyer.

[2] The grounds for the application are that the conduct of the manager is such as to show that he is not a suitable person to hold the certificate. In particular it is alleged that Mr Meyer has incurred a conviction for driving with an excess breath alcohol level.

[3] The evidence is that at 12.03 am on Saturday 2 October 2010 Mr Meyer was stopped at a compulsory checkpoint on Great North Road, Grey Lynn. Breath alcohol test procedures were carried out and Mr Meyer’s breath was found to contain 564 micrograms of alcohol per litre of breath, the legal limit is 400.

[4] Mr Meyer pleaded not guilty but was convicted on 3 October 2011 in the Auckland District Court. As this was his fourth conviction for drinking and driving Mr Meyer was disqualified from driving for one year and one day. He was also fined $600 and ordered to pay Court costs. The previous convictions occurred in 1983, 1999 and 2003. The last conviction being seven and a half years prior to the most recent conviction.

[5] This is the first conviction since the certificate was issued in 2008. Normally a single conviction for driving with excess breath alcohol would be dealt with by way of a one month suspension. In this case however this is the fourth conviction for such an offence albeit, over an almost 30 year period. In light of Mr Meyer’s frank admissions during his evidence, the pattern is a disturbing one.

[6] Mr Meyer and his partner operate a charter vessel, the “Kawau Isle”. Mr Meyer explained that his business partner also holds a General Manager's Certificate and that while he operates the vessel she is normally serving on the bar. He holds his General Manager's Certificate only as a back up and uses it intermittently. The business is also for sale.

[7] The application before us does not seek cancellation of the certificate, only a suspension is sought. In light of the fact that this is the fourth such conviction for drink driving, in our view the grounds having been established, it is desirable that a reasonably lengthy period of three months suspension be imposed.

[8] We further note that while we do not have an application for renewal in front of us, Mr Meyer has advised that he has applied for renewal of the certificate which fell due on 24 April 2012. The certificate therefore continues in force until that application is resolved.

[9] As has been made known to Mr Meyer, we have reservations about whether the certificate should in fact be renewed, given Mr Meyer’s history of alcohol use, the fact that he is the master operating the vessel, his intermittent use of the certificate and that he is in the process of trying to sell the business. It is however, for him to decide whether he wishes to proceed with the renewal application.

[10] Accordingly General Manager's Certificate number GM 333/2007 issued to Mr Meyer is suspended for three months commencing on 27 April 2012.

DATED at WELLINGTON this 17TH day of May 2012

B M Holmes
Secretary

Russell Meyer.doc(aw)