Otter v Whittle [2012] NZLLA 936 (15 August 2012)

Last Updated: 3 September 2012

[2012] NZLLA 936

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 cancellation of General Manager’s Certificate number GM 034/12075/02 issued to GREVILLE DAVID WHITTLE

BETWEEN RACHAEL OTTER

(Stratford District Licensing Agency Inspector)

Applicant

AND GREVILLE DAVID WHITTLE

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Ms R Otter, Stratford District Licensing Agency Inspector dated 31 July 2012, for cancellation of a General Manager’s Certificate held by Grevile David Whittle.

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.

On 10 May 2012 while driving at Stratford Mr Whittle was processed by the Police for alcohol intake and registered an excess level of 153 milligrams of alcohol per 100 millilitres of blood. The permissible limit is 80 milligrams per 100 millilitres.

This was Mr Whittle’s third such offence and on 17 July 2012 he was convicted in the Hawera District Court, fined $2500 with $308.34 costs and disqualified from driving for a year and a day.

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

General Manager’s Certificate number GM 034/12075/02, issued to Greville David Whittle, is hereby cancelled.

DATED at WELLINGTON this 15th day of August 2012

B M Holmes
Secretary

Greville Whittle.doc(ab)