Cameron, re [2009] NZLLA 552 (28 May 2009)

Last Updated: 2 October 2010

Decision No. PH 552/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TALA CAMERON 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: Ms J D Moorhead

HEARING at TAURANGA on 21 May 2009

APPEARANCES

Miss T Cameron – applicant
Sergeant N P McGlone – NZ Police – in opposition
Mr G J Cushing – Tauranga District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Tala Cameron for a General Manager’s Certificate. Miss Cameron filed her application with the Tauranga District Licensing Agency on 4 December last. The application was accompanied by the required Licence Controller Qualification. In addition there was a very supportive letter from licensed premises known as "Imbibe" in Tauranga. Miss Cameron had been employed there since May 2008. She was described as reliable, hardworking and honest, and a person who takes great pride in her work. She was also said to display a good level of responsibility and maturity, and was accordingly recommended to be the holder of a certificate.

[2] When required to state whether she had previous convictions, Miss Cameron acknowledged that there were three incidents in her past. It was these incidents that drew an adverse report from the Police.

[3] In the Tauranga and Western Bay of Plenty area, the Police, the District Licensing Agency and Toi Te Ora Public Health formed a partnership which attempts to provide a consistent and fair approach to all applications involving either a manager's certificate or a licence. Based on that approach the application was opposed.

[4] Miss Cameron had a relatively chequered career when she was much younger. She said that she was with the wrong crowd, and acknowledged that she was drinking and behaving badly. She contended that she is a very different person now to who she was then.

[5] She was apprehended in October 2004 for driving with excess breath alcohol content. The level was 253 micrograms of alcohol per litre of breath. She was under 20 at the time and thought that she was capable of driving. She was duly fined and disqualified from driving.

[6] Miss Cameron was arrested in Hamilton on Sunday 7 January 2007 for fighting. Once again, liquor was involved. She received a nominal fine of $100. We note that fighting in a public place can be only dealt with by way of a fine.

[7] Perhaps the most serious incident occurred on 3 June 2007. It involved a long term dispute that Miss Cameron did not need to be involved with because it affected her sister. Nevertheless she and some others visited the victim. According to the allegations the victim was grabbed by the hair by Miss Cameron and dragged down some stairs. The victim was then assaulted. When one of the people said “she has had enough”, or words to that effect, the group left. The victim had scratches and bumps on her head and lower limbs and some pain in her ribs.

[8] Miss Cameron pleaded guilty to assault and was subsequently sentenced to six months’ supervision and 60 hours of community work. She was required to attend and complete a programme concerning violence. She said that she had done the programme and was declared not to be a violent person. This was in line with her own belief. Quite clearly her behaviour showed immaturity and she had been drinking.

[9] The issue for us is how to deal with these convictions in relation to the grant of the application. After all, the purpose of the Act is to try and filter which people obtain the privilege of controlling the sale, supply and consumption of liquor.

[10] On the one hand, Miss Cameron moved from Hamilton to Tauranga to leave her associates and put her past behind her. Since the application was filed she has changed her place of employment. She is now working at an off-licensed supermarket, where she has been a supervisor since December. She says that her current employer is supportive of this application, although the employer has yet to provide a letter to that effect. On the other hand Miss Cameron intends to return to the working in the on-licensed premises, where she would have greater control in terms of regulating the safe supply of liquor.

[11] Miss Cameron gave a good impression in the witness box. She is clearly a much more mature person than the person who got in quite serious trouble nearly two years ago. We believe that it is a little early for her to be granted a certificate. On the other hand she is well on the way to being suitable to manage the supply and consumption of liquor.

[12] In the circumstances we have decided to adjourn the application for six months. During that time a letter will have to be written to the Agency confirming her current employment, and her employer’s intention to appoint her from time to time as a duty manager of the premises. Should that letter be received and should there be no further incidents or reoffending, then we are prepared to grant the application on the papers without a further public hearing.

[13] Alternatively if Miss Cameron lets herself down again or if she does not have the support of an employer, then either a further public hearing will be required or the application will be declined.

[14] The application is adjourned on those terms.

DATED at WELLINGTON this 28th day of May 2009

B M Holmes
Deputy Secretary

Tala Cameron.doc(aw)