Tristram, re [2001] NZLLA 573 (19 December 2001)

Last Updated: 2 October 2010

Decision No. PH 573/2001

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by NITTA SERENIA TRISTRAM pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at AUCKLAND on 27 November 2001

APPEARANCES

Mr R M Hesketh - Barrister for applicant
Mrs P M Cudby – North Shore District Licensing Agency Inspector – to assist
Sergeant W P McKenzie - New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Nitta Serenia Tristram pursuant to s.118 of the Act for a General Manager's Certificate.

[2] Mrs Tristram is 36 years of age. She is currently employed in her husband’s company, North Shore Entertainment Centre Limited, as an assistant manager.

[3] Mrs Tristram, (somewhat unusually), has completed two certificates under the auspices of Liquor Licensing Consultants Limited in consecutive years, 1999 and 2000.

[4] Mrs Cudby, the District Licensing Agency Inspector, has reported that Mrs Tristram has demonstrated a sound understanding of her obligations and responsibilities under the Act.

[5] The Police, on the other hand, have opposed the application. The grounds for doing so were that the applicant was alleged to have not co-operated with the Police in regards to a serious assault matter. She was warned at the time that she may be arrested for obstructing the Police. She was also involved in an incident of road rage on the North Shore. With regard to the second matter, she appeared in Court and was granted diversion on this case.

[6] Diversion is designed to give an offender a second chance. The incident should not strictly, (according to the Police guidelines), be raised in this matter.

[7] The applicant has produced two references today, both testifying to her honesty and capability and responsibility. In dealing with an application such as this we must have regard to the matters in s.121 which are:

" (a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant;

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force;

(d) Any relevant training, in particular recent training that the applicant has undertaken, any relevant qualifications that the applicant holds;

(e) Any matters dealt with in any report made under s.119 of the Act."

[8] We have considered those matters. Having heard from Mrs Tristram today, in particular the evidence that she gave in respect of the two charges that she had previously faced, (which evidence has largely gone unchallenged by the Police), we are satisfied as to the matters to which we must have regard under s.121. We grant the application accordingly.

DATED at WELLINGTON this 19th day of December 2001

________________________ _________________________
Judge E W Unwin Mr J C Crookston
Chairman Member

tristram(rl)