Parata v Hynds [2002] NZLLA 479 (3 September 2002)

Last Updated: 3 June 2010

Decision No. PH 479/2002

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 GM 052/99939 issued to CHRISTOPHER EDWARD HYNDS

BETWEEN NAERA PARATA

(Police Officer of Blenheim)

Applicant

AND CHRISTOPHER EDWARD HYNDS

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at BLENHEIM on 23 August 2002

APPEARANCES

Mr M Hardy-Jones for respondent
Mr G R Congdon – Marlborough District Licensing Agency Inspector – to assist
Sergeant N E Parata – NZ Police – applicant

ORAL DECISION OF THE AUTHORITY

[1] This is an application pursuant to s.135 of the Act for the cancellation of a General Manager’s Certificate issued to Christopher Edwards Hynds. The background to the application is as follows. When Mr Hynds first made application for his General Manager’s Certificate, the Police had a number of initial reservations. Some of those reservations referred to the fact that historical drink driving convictions had not been disclosed. It was subsequently accepted that there may have been a valid reason behind the non-disclosure. The non disclosure may have resulted more from a misunderstanding of Mr Hynds' obligations, rather than any sinister motive.

[2] The Police were nevertheless still concerned about Mr Hynds’ suitability. Because there were good supporting references from his employer, the Police withdrew their objection. In doing so they noted that the initial General Manager’s Certificate was for 12 months. It was regarded as a probationary period. The Police confirm that any indiscretion following the issue of the certificate would be looked at unfavourably.

[3] In the event the manager's certificate was issued on 9 November last year. There appears to have been an indiscretion since that time. The papers disclose that Mr Hynds was not working on 14 May this year. He had been in town, and had visited licensed premises. He had called for a taxi. Mr Hynds then abused the taxi driver. The abuse was such that the taxi driver had to pull over twice, and ask Mr Hynds to remove himself. That did not happen. A complaint was lodged. The complaint did not result in any conviction in the District Court. Nevertheless the Police brought an application for the cancellation of the manager's certificate.

[4] In discussions in chambers, Mr Hardy-Jones produced a letter from a company director of the taxi company. He assured the Authority that Mr Hynds had been a polite customer in the past. He regarded the incident as isolated. Mr Hynds had subsequently rung the company, and offered his apologies for his involvement in the incident. That apology was accepted by the company, although not by the taxi driver.

[5] Mr Hardy-Jones has confirmed that Mr Hynds is remorseful for his actions. Mr Hynds has acknowledged that his behaviour was quite inappropriate.

[6] Following discussions with the parties it has been suggested to the Authority that the application be adjourned for a period of nine months pursuant to s.135(7) of the Act. That section reads:

(7) Instead of making an order under subsection (6) of this section, the Licensing Authority may adjourn the application for such period as it thinks fit to give the manager an opportunity to remedy any matters that the Licensing Authority may require to be remedied within that period.

[7] We are advised by Mr Hardy-Jones that Mr Hynds intends to have an assessment with the Alcohol and Drug Unit of the District Health Board. Following that assessment, Mr Hynds has undertaken that any recommendations will be complied with. It is the Police intention to monitor the assessment, and any follow-up treatment and/or counselling. If that counselling has been completed satisfactorily, and if there are no other incidents, then the Police may well withdrew the application. If however there are further matters which bring Mr Hynds' suitability into question, then the matter will again be called at a public hearing, and the application will be dealt with accordingly. The adjournment is made accordingly.

DATED at WELLINGTON this 3rd day of September 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

Hynds.doc(nl)