Judd v Roberts [2012] NZLLA 792 (17 July 2012)

Last Updated: 30 July 2012

[2012] NZLLA PH 792

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 GM/054/35/2009 issued to HAYDEN ROBERTS

BETWEEN SEAN ANTHONY JUDD

(Police Officer of Westport)

Applicant

AND HAYDEN ROBERTS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Dr J Horn

HEARING at GREYMOUTH on 9 July 2012

APPEARANCES

Sergeant S A Judd – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] At the hearing of this enforcement application, there was no appearance by the respondent. It is understood that he is no longer working in the liquor industry.

[2] The application, brought under s.135 of the Act, seeks the suspension or cancellation of the General Manager's Certificate issued to the respondent. Pursuant to s.135(3)(b) of the Act the application alleges that on 17 March 2012 the respondent’s conduct was such as to show that he was not a suitable person to hold a General Manager's Certificate. On 17 March 2012 the respondent drove a motor vehicle with excess alcohol recorded in his breath. On 29 March 2012 he was convicted accordingly.

[3] The Authority considers that, pursuant to s.135(6) of the Act it is desirable that a suspension order be made. The Authority notes that at the time the incident occurred a decision of the Authority was pending in respect of the respondent having sold liquor to a minor during a controlled purchase operation. The suspension in respect of that matter commenced on 23 April 2012. A further aggravating feature is that when the respondent was invited to attend a meeting of the Police and the Inspector after the controlled purchase operation failure, he failed to appear at that meeting without proffering an excuse.

[4] The drink driving conviction constitutes a second incident involving the abuse of liquor by the respondent within a very short period of time. His failure to attend the meeting shows a cavalier attitude towards his responsibilities as the holder of a General Manager's Certificate.

[5] Taking all factors into account the respondent’s General Manager's Certificate is suspended for three months commencing 8 August 2012.

DATED at WELLINGTON this 17th day of July 2012

B M Holmes
Secretary

Hayden Roberts.doc(aw)