Ryan and Mitchell v Purushan [2012] NZLLA 972 (29 August 2012)

Last Updated: 17 September 2012

[2012] NZLLA 972

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 039/GM/105/2011 issued to ABHIRAJ KUNNUNGAPARAMBIL PURUSHAN

BETWEEN GLENN FRANCIS RYAN

(Police Officer of Palmerston North)

AND SUSAN CAROL MITCHELL

(Palmerston North District Licensing Agency Inspector)

Applicants

AND ABHIRAJ KUNNUNGAPARAMBIL PURUSHAN

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 G F Ryan of Palmerston North Police, and Ms S C Mitchell, Palmerston North District Licensing Agency Inspector dated 20 August 2012, for suspension of a General Manager’s Certificate held by Abhiraj Kunnungaparambil Purushan.

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 Thursday 19 July 2012 while driving at Palmerston North, Mr Purushan was processed by the Police for alcohol intake and registered an excess level of 544 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 7 August 2012 he was convicted in the Palmerston North District Court, fined $550 plus costs 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 039?G/105/2011, issued to Abhiraj Kunnungaparambil Purushan, is suspended for four weeks from Monday 1 October 2012.

DATED at WELLINGTON this 29th day of August 2012

B M Holmes
Secretary

Abhiraj Purushan.doc(ab)