Arnold v McClurg [2012] NZLLA 794 (17 July 2012)

Last Updated: 31 July 2012

[2012] NZLLA 794

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 658/96 issued to GREGORY JOHN MCCLURG

BETWEEN MELISSA REBECCA LEE ARNOLD

(Police Officer of Christchurch)

Applicant

AND GREGORY JOHN MCCLURG

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 M R L Arnold of Christchurch Police dated 14 June 2012, for suspension of a General Manager’s Certificate held by Gregory John McClurg.

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.

By decision [2012] NZLLA 263 dated 16 March 2012 we made an order to suspend Mr McClurg’s certificate following his conviction for having driven with an excess blood alcohol concentration in October 2011. The conviction was entered on 1 February 2012 and it included a disqualification from driving for six months from that date.

On Thursday 17 May 2012 while driving at Ilam Road, Christchurch, Mr McClurg was apprehended by the Police and charged with driving while disqualified. He was convicted in the Christchurch District Court on 28 May 2012, fined $400 and further disqualified from driving for an additional 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 GM 658/96, issued to Gregory John McClurg, is suspended for 30 days from 1 August 2012.

We also note that Mr McClurg has agreed to a recommendation that when next the certificate is due to expire it will only be renewed for a period of one year.

DATED at WELLINGTON this 17th day of July 2012

B M Holmes
Secretary

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