Ham, re [2003] NZLLA 306 (2 May 2003)

New Zealand Liquor Licensing Authority

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Ham, re [2003] NZLLA 306 (2 May 2003)

Last Updated: 14 March 2010

Decision No. PH 306/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MATA HAM 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 WANGANUI on 2 April 2003

APPEARANCES:

Miss M Ham – applicant
Sergeant M J Craig – NZ Police – in opposition

RESERVED DECISION OF THE AUTHORITY

[1] This is an application by Mata Ham for a General Manager’s Certificate. The application was opposed by the Police and the District Licensing Agency Inspector. The criteria to which this Authority must have regard in considering such an application are contained in s.121 of the Act. These criteria 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 and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] This case revolves around three issues. The first issue is the convictions recorded against the applicant. The second issue is the fact that Miss Ham is currently not working in the hospitality industry. The third issue involves an incident on a netball court in 2000 or 2001. Evidence was tendered to show that Miss Ham would be unsuitable to hold a General Manager’s Certificate.

[3] When Sergeant Craig initially reported on the application, he said that the Police did not oppose the application. However, he later revised that view when he learned of an incident on the netball court where Miss Ham had verbally abused an off-duty constable. He then referred to Miss Ham’s convictions. In 1995 she was convicted for making a false statement to the Police. In 1998 she was convicted of possession of cannabis, resisting Police, refusing to remain stopped for an enforcement officer, and driving with an excess blood alcohol level of 107 milligrams of alcohol per litre of blood.

[4] The convictions in 1998 other than the conviction for driving with an excess blood alcohol level, arose from an incident when Constable Nicholas Eddy observed Miss Ham driving her car with a child who was not in a seat restraint. When he stopped Miss Ham, she became aggressive and abusive. She had to be handcuffed. The Constable noticed that the vehicle smelt of cannabis. He arranged for a search warrant to be obtained. The car was searched, and three packages containing cannabis wrapped in tinfoil were found.

[5] Constable Emma Bunny is attached to the Criminal Investigation Branch at Upper Hutt. When she was stationed at Taumarunui she used to play netball socially. On one occasion, in the winter of 2000 or 2001, when her team was playing against Miss Ham’s team, Miss Ham became abusive towards Constable Bunny apparently because she was a Police officer. The game was stopped and the referee spoke to both teams. A letter on the Authority’s file from Val McKay of the Taumarunui Netball Centre said that she was one of the umpires in that game. She confirmed that verbal abuse had taken place, but neither she nor the other umpire considered that it was serious enough to warrant a suspension or to make a report to the Netball Centre.

[6] Miss Mata Ham said she lives at Turangi with her two children aged 15 years and 12 years. She had previously been employed in the “Owhango Hotel” from 1998 to 2002. Her duties there were stocktaking, daily banking, ordering food and liquor, reading the meters on the gambling machines, tallying the cash in the tills, and attending to staff rosters. She did similar work at the “Maranui Chartered Club” near Taumarunui from 1993 to 1998.

[7] At the time she applied for a General Manager’s Certificate, the owners of the “Owhango Hotel” wanted her to run the hotel when they took leave. They have now left the hotel. Miss Ham no longer has a job in the licensing industry. She said that she has a lot of friends on the dole, and she does not want to get into that situation. For her to get a job at the “Turangi Chartered Club”, she believes that she needs a General Manager’s Certificate.

[8] Miss Ham said that the netball incident arose because it is a non-contact sport and someone was pushed over. She recalled the traffic incident with Constable Eddy. She said that it happened in the heat of the moment, and it just got out of hand. She thought that the only reason she was stopped was because of her family name.

[9] Andrew Harland lives at Mt Ruapehu. He is on sick leave from the New Zealand Police. He was the local Constable at Owhango for five years. He said that he was not attending the hearing to dispute the evidence, but to present a different viewpoint. He had seen Miss Ham in her wild days, but she was now more mature. He thought that because of her family background, her perception would be that she was being persecuted, but that did not mean that the Police officers were picking on her.

[10] He submitted that people deserve an opportunity to show that they have learned the lessons from the past. He referred to his own experience when he was rejected as an applicant for the Police, until a local Police Inspector “went into bat for him”.

[11] Lucille Ruha Robinson has been a prison officer for ten years. She said that Mata has had her wild days but in the last two years she has tried to turn her life around. When they were younger they played sport together. Miss Ham had moved around trying to better her life. She said that if Miss Ham obtained her certificate, it would be a stepping stone for her.

Authority’s Conclusion and Reasons

[12] Clearly there has been a difficult patch in Miss Ham’s life which she is trying to overcome. The most recent convictions, including the drink driving conviction, are now almost five years old. The first one is almost eight years old. In Osborne’s case, LLA 2388/95, we stated:

"Without fettering ourselves in this or other applications, it may be helpful if we indicate that we commonly look for a five year period free of any serious conviction or any conviction relating to or involving the abuse of alcohol or arising in the course of an applicant’s duty on licensed premises."

[13] Having considered the evidence and the matters under s.121 of the Act, the issue in this case is 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. Miss Ham has attended a seminar on the Sale of Liquor Act and Host Responsibility with the Waikato Polytechnic.

[14] The Authority has said before that we do not grant manager’s certificates so that they can be used as part of a ‘CV’, or as a bankable resource. We look to people who have employment in the industry, and have the full committed support of an employer.

[15] By obtaining employment for a period of, say, six months, and obtaining training on the job, then any applicant is in a much better position to obtain a General Manager’s Certificate than would otherwise be the case. We have said in the past, and we repeat, that the granting of a General Manager’s Certificate, without relevant experience, is akin to granting a reference without knowing the competence and capability of the person for whom the reference is being given. Miss Ham needs not only to overcome her apparently jaundiced attitude to authority, but also to obtain employment in the industry. We propose therefore to adjourn these proceedings for nine months.

[16] If, during the next nine months Miss Ham obtains employment in the hospitality industry, and has the committed support of her employer, and there are no unsatisfactory reports from the Inspector and the Police, then we propose to grant the application on the papers. We would point out that during the period of adjournment, Miss Ham can be appointed from time to time as a temporary manager. If she is unable to obtain employment, or support from an employer, or does not have sufficient experience in the opinion of the reporting agency, then the matter may have to be set down for a further hearing, or refused.

[17] The application is adjourned accordingly.

DATED at WELLINGTON this 2nd day of May 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

mataham.doc(aw)