De'ath v Choi [2012] NZLLA 876 (1 August 2012)

Last Updated: 22 August 2012

[2012] NZLLA 876

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/007/172/2012 issued to HYUNG YEOP CHOI

BETWEEN RACHAEL DE’ATH

(Police Officer of Auckland)

Applicant

AND HYUNG YEOP CHOI

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 Constable R De’Ath of North Shore Police dated 12 July 2012, for suspension of a General Manager’s Certificate held by Hyung Yeop Choi.

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.

At 1.00 am on Wednesday 9 May 2012 Mr Choi was found asleep in his motor vehicle. He exhibited signs of alcohol intake and was incapable of completing a roadside breath test. Mr Choi three times refused a Police request to exit his vehicle and was subsequently arrested and taken to North Shore policing centre. He was still incapable of completing a breath test and he refused to agree to a medical practitioner taking a blood sample.

On 15 May 2012 Mr Choi was convicted in the North Shore District Court on a charge of refusing a request for a blood sample, fined $400 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 GM/007/172/2012, issued to Hyung Yeop Choi, is suspended for four weeks from Monday 3 September 2012.

DATED at WELLINGTON this 1st day of August 2012

B M Holmes
Secretary

Hyung Choi.doc(ab)