Glentworth v O'Leary [2012] NZLLA 606 (30 May 2012)

Last Updated: 9 July 2012

[2012] NZLLA 606

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 030/2668/2011 issued to DWAYNE PAUL O’LEARY

BETWEEN CRAIG WAYNE GLENTWORTH

(Police Officer of Napier)

Applicant

AND DWAYNE PAUL O’LEARY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Constable C W Glentworth of Napier Police dated 16 May 2012, for suspension of a General Manager’s Certificate held by Dwayne Paul O’Leary.

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 Thursday 21 April 2011 while driving at Hamilton Mr O’Leary was stopped by the Police and asked to produce his driver’s licence. The respondent drove off at speed and drove in a dangerous and erratic manner, refusing to stop for a patrol displaying flashing red and blue lights.

At one point the respondent almost lost control, and he eventually drove on to a bridge where he exited the vehicle. At this stage he was apprehended and processed by the Police for alcohol intake. Mr O’Leary registered an excess level of 904 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 8 June 2011 he was convicted in the Napier District Court on charges of driving with excess breath alcohol, failing to stop for red and blue flashing lights and dangerous driving. He was fined $1500 with $265.78 costs and disqualified from driving for 11 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 GM 030/2668/2011, issued to Dwayne Paul O’Leary, is suspended for one month from 1 July 2012.

We note that Mr O’Leary has also accepted a recommendation that his certificate only be renewed for one year. It will be necessary for the District Licensing Agency to forward the application for renewal to the Authority when it is filed.

DATED at WELLINGTON this 30th day of May 2012

B M Holmes
Secretary

Dwayne O’Leary.doc(ab)