Fitzsimons v Hook [2012] NZLLA 917 (13 August 2012)

Last Updated: 23 August 2012

[2012] NZLLA 917

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 051/GM/46/11 issued to ELIZABETH ANN HOOK

BETWEEN MICHAEL PATRICK FITZSIMONS

(Police Officer of Nelson)

Applicant

AND ELIZABETH ANN HOOK

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

DECISION

We have before us an application by Sergeant M P Fitzsimons of Nelson Police dated 24 July 2012, for suspension of a General Manager’s Certificate held by Elizabeth Ann Hook.

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 10 July 2012 while driving at Nelson Ms Hook was processed by the Police for alcohol intake and registered an excess level of 857 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 30 July she was convicted in the Blenheim District Court, fined $800, disqualified from driving for six months and sentenced to six months supervision to undertake alcohol assessment, counselling and/or treatment as directed.

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 051/GM/46/11, issued to Elizabeth Ann Hook, is suspended for six weeks from Monday 10 September 2012.

DATED at WELLINGTON this 13th day of August 2012

B M Holmes
Secretary

Elizabeth Hook.doc(ab)