Arnold v Timms [2012] NZLLA 795 (17 July 2012)

Last Updated: 31 July 2012

[2012] NZLLA 795

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/060/1475/2003 issued to KIRSTEN LEIGH TIMMS

BETWEEN MELISSA REBECCA LEE ARNOLD

(Police Officer of Christchurch)

Applicant

AND KIRSTEN LEIGH TIMMS

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 20 June 2012, for suspension of a General Manager’s Certificate held by Kirsten Leigh Timms.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On Tuesday 14 February 2012 while driving at Shortland Street, Christchurch Ms Timms drove her vehicle into a power pole. She drove for a further 40-50 metres before stopping. She was required by the Police to undergo an evidential blood test which registered an excess level of 251 milligrams of alcohol per 100 millilitres of blood. This is more than three times the allowable maximum of 80 milligrams per 100 millilitres.

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

General Manager’s Certificate number GM/060/1475/2003, issued to Kirsten Leigh Timms, is suspended for 30 days from 1 August 2012.

DATED at WELLINGTON this 17th day of July 2012

B M Holmes
Secretary

Kirsten Timms.doc(ab)