Stevens v Flear [2012] NZLLA 632 (6 June 2012)

Last Updated: 10 July 2012

[2012] NZLLA PH 632

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 068/GM/045/11 issued to KIMBERLEY SUSAN FLEAR

BETWEEN LINDA KAY STEVENS

(Police Officer of Queenstown)

Applicant

AND KIMBERLEY SUSAN FLEAR

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at QUEENSTOWN on 1 June 2012

APPEARANCES

Sergeant K Newell – NZ Police – applicant
Ms K S Flear – respondent

DECISION OF THE AUTHORITY

[1] Pursuant to s.135 of the Act an application has been brought against Ms Flear for the suspension of her General Manager's Certificate. The application alleges in accordance with s.135(3)(b) of the Act that on 17 October 2011 Ms Flear was convicted of driving with excess blood alcohol. The level of alcohol in her blood was 195 milligrams of alcohol per 100 millilitres of blood.

[2] At the hearing Ms Flear agreed that there were grounds to support the application.

[3] In accordance with s.135(6) of the Act she accepted that it was desirable that there be a suspension of her General Manager's Certificate. She asked that the suspension take effect from 1 June 2012.

[4] Accordingly, the application is granted and Ms Flear’s General Manager's Certificate is suspended for 30 days from 1 June 2012.

[5] Ms Flear’s General Manager's Certificate became due for renewal on 15 February 2012. The Inspector advised the Authority that because the application was opposed it had been placed on hold pending the outcome of the enforcement application. This should not have occurred. Section 125(2) of the Act provides that where an application for the renewal of a manager’s certificate is opposed then the secretary of the District Licensing Agency must forward the complete file to the secretary of this Authority. If this had been done immediately the District Licensing Agency had received notice of opposition to the application then the Authority would have been able to deal with the application for renewal at the same time as the enforcement agency.

[6] The Authority recommends that the District Licensing Agency and the Police and Ms Flear enter into an agreement for the renewal of the manager’s certificate but for a truncated period. If this is done then the agreement reached between the parties can be forwarded to this Authority together with the rest of the file so that a decision can be made on the papers. However, if the parties do not agree on the terms of a renewal then the application for renewal must wait until the Authority next sits in Queenstown. If there is excessive delay in this regard it is possible that the Authority could conclude that the applicant is prejudiced by the delay on the part of the District Licensing Agency.

DATED at WELLINGTON this 6th day of June 2012

B M Holmes
Secretary

Kimberley Flear.doc(aw)