Campbell v Austen [2012] NZLLA 738 (28 June 2012)

Last Updated: 19 July 2012

[2012] NZLLA 738

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 039/GM/106/2005 issued to KARL MARTIN AUSTEN

BETWEEN MICHELLE LEE CAMPBELL

(Police Alcohol Harm Reduction Administrator of Palmerston North)

Applicant

AND KARL MARTIN AUSTEN

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

DECISION

We have before us an application by Ms M L Campbell of Palmerston North Police dated 20 April 2012, for suspension of a General Manager’s Certificate held by Karl Martin Austen.

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 Monday 26 March 2012 while driving at Featherston Street, Palmerston North, Mr Austen was processed by the Police for alcohol intake and registered an excess level of 571 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 3 April 2012 he was convicted in the Palmerston North District Court, fined $400 with costs 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. Accordingly, we make the following order by consent:

General Manager’s Certificate number 039/GM/106/2005, issued to Karl Martin Austen, is suspended for four weeks from Monday 6 August 2012.

DATED at WELLINGTON this 28th day of June 2012

B M Holmes
Secretary

Karl Austen.doc(ab)