Grace v Zachariades [2004] NZLLA 151 (8 March 2004)

Last Updated: 22 February 2010

Decision No. PH 151/2004

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 015/GM/97/03 issued to ARISTOS ZACHARIADES

BETWEEN FREDA GRACE

(Police Officer of Hamilton)

Applicant

AND ARISTOS ZACHARIADES

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at HAMILTON on 26 February 2004

APPEARANCES

Sergeant F A Grace - NZ Police - applicant
Mr A Zachariades - respondent
Mr T Van Der Heijen - Hamilton District Licensing Agency Inspector - to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application for the suspension of a General Manager’s Certificate issued to Aristos Zachariades. Mr Zachariades was first granted his General Manager’s Certificate on 6 May 2003. At approximately the same time, he was also granted an on-licence in respect of a Greek restaurant which he had established in Hamilton. Although the business has a tavern style on-licence, we understand that it primarily trades as a restaurant.

[2] Mr Zachariades has advised us that he is very careful to ensure that the law in relation to the Sale of Liquor Act is followed. He employs a staff of five people, two of whom also are the holders of General Manager’s Certificates.

[3] Unfortunately, approximately one month after Mr Zachariades was granted his General Manager’s Certificate, he became involved with his partner in a domestic incident. It appears that jealousy was involved. An argument turned to violence. Mr Zachariades’ partner was grabbed by her shoulders, and her head was banged up against the headboard. There were other incidents between them, and there was a suggestion that there may have been an attempted indecent assault.

[4] Eventually matters calmed down, and it seems that some days may have gone by before Mr Zachariades was spoken to by the Police. Eventually, he appeared before the Court on 13 October 2003 where he entered a plea of guilty, and was fined $400. There have been no further issues within the relationship since that time.

[5] The Police brought the application prior to his conviction on the basis that the conduct of the manager had been such as to show that he was not a suitable person to hold the certificate. The Police have referred to the previous decisions of the Authority to raise the standards of the holders of manager’s certificates. This is particularly because managers have the responsibility of ensuring that the Act and the conditions of the licence are not breached.

[6] Since 1 April 2000 when the Act was amended, the generally accepted principle is that the holders of General Manager’s Certificates will be persons of integrity. They will not only set an example to their patrons, but protect their safety by ensuring that there will be no liquor abuse.

[7] It has been well established that even where the holders of manager’s certificates are involved in personal issues, their conduct may well reflect on their suitability. Mr Zachariades has suggested that if his manager’s certificate were to be suspended, it could affect his business, and would result in his being punished twice. He has paid a fine, and he believes that having a criminal record is bad enough. On the other hand there are a large number of holders of General Manager’s Certificates throughout the country. They all need to be aware that convictions for a serious matter such as violence or matters involving the abuse of liquor will bring their manager’s certificates into question.

[8] In this case, the charge is serious although the penalty which was imposed was on the moderate side. Bearing in mind periods of suspension which have been imposed by this Authority in respect of differing types of offending, we believe that by way of a deterrent to Mr Zachariades, if not other holders of manager’s certificates, a period of a two week suspension is appropriate in this case. We propose to suspend his General Manager’s Certificate for two weeks from Monday morning 8 March 2004.

DATED at WELLINGTON this 8th day of March 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Aristos Zachariades.doc(afw)