Humphrey v Taylor [2012] NZLLA 71 (26 January 2012)

Last Updated: 10 February 2012

[2012] NZLLA 71

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 or cancellation of General Manager’s Certificate number 048/GM/1336/2009 issued to SHANE STEVEN TAYLOR

BETWEEN KERRIN ELAINE HUMPHREY

(Police Officer of Lower Hutt)

Applicant

AND SHANE STEVEN TAYLOR

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 E Humphrey of Lower Hutt Police dated 11 May 2011, for suspension or cancellation of a General Manager’s Certificate held by Shane Steven Taylor.

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 12 March 2011 Mr Taylor was walking along High Street, Lower Hutt, carrying a beer bottle. He approached a parked car and began to strike the driver’s window of the car with the bottle in what appeared to be an attempt to break the window. The window sustained scratches.

Mr Taylor then walked to the opposite side of the vehicle and pulled the exterior mirror from its mounting. Mr Taylor did not own the vehicle and he was not acquainted with the owner.

When approached by the Police and questioned he was generally unco-operative and refused to answer a number of questions. He was assessed as being extremely intoxicated.

On 7 April 2011 Mr Taylor appeared in the Lower Hutt District Court where he was convicted and fined in connection with the incident described in the summary of facts.

The respondent does not dispute the ground for the application and he has agreed to cancellation of his manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 048/GM/1336/2009, issued to Shane Steven Taylor, is hereby cancelled.

DATED at WELLINGTON this 26th day of January 2012

B M Holmes
Secretary

Shane Taylor.doc(ab)