Whittle v Wen [2012] NZLLA 801 (18 July 2012)

Last Updated: 31 July 2012

[2012] NZLLA 801-802

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 Manager’s Certificate number GM/007/9655/11 issued to ZHOU WEN

BETWEEN GARY SELWYN WHITTLE

(Police Alcohol Harm Reduction Administrator of Auckland)

Applicant

AND ZHOU WEN

Respondent

AND

IN THE MATTER of an application by ZHOU WEN pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Mr G S Whittle of Auckland Police dated 13 June 2012, for suspension of a General Manager’s Certificate held by Zhou Wen.

We are also asked to determine an application to renew the certificate. The Police and District Licensing Agency Inspector oppose renewal for the reasons set out in the application for suspension, the grounds for which are that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate.

On Sunday 25 March 2012 while driving at Albany, Mr Wen was processed by the Police for alcohol intake and registered an excess level of 837 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre. Mr Wen subsequently pleaded guilty to driving with excess breath alcohol and he has been remanded for sentence.

The respondent does not dispute the grounds for the enforcement application and he has agreed to suspension of his manager’s certificate. He has also agreed to accept a shortened period of renewal of the certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM/007/9655/11, issued to Zhou Wen, is suspended for four weeks from Monday 27 August 2012.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 18 months until 24 December 2013. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 18th day of July 2012

B M Holmes
Secretary

Zhou Wen.doc(ab)