Pompey, re [2004] NZLLA 623 (6 September 2004)

Last Updated: 24 November 2010

Decision No. PH 623/2004

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by KRYSTAL ANNABELL POMPEY pursuant to s.18 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 HAMILTON on 23 August 2004

APPEARANCES

Miss K A Pompey - applicant
Mr T P Van Der Heijden - Hamilton District Licensing Agency Inspector - to assist
Sergeant S A Inness - NZ Police - in opposition

ORAL DECISION OF THE AUTHORITY

[1] When Parliament passed the Sale of Liquor Amendment Act 1999, it amended s.115(1) to emphasise the fact that a manager must be on duty at all times when liquor was being sold or supplied to the public. All managers would be responsible for ensuring that the premises complied not only with the Act, but also with the conditions of the governing licence. The reasoning behind the amendment was to encourage the drive to raise the standards of those charged with the responsibility of supplying liquor to the public. The expectation was that management of licensed premises would be conducted only by persons of integrity committed to supervising the sale and supply of liquor, and concerned to give real meaning to the term host responsibility. The ultimate aim was to achieve the Act’s objective of reducing liquor abuse.

[2] Against that background, we are required to decide an application by Krystal Annabell Pompey for a General Manager’s Certificate. Miss Pompey is just 19½ years of age. She was placed on the New Zealand Academy Management Course for approximately six months. She completed that course. During her training, the management of “G Bar” which was formerly “Glenview Hotel” were asked if they would take Miss Pompey on to give her work-based training. According to Miss Jewell, the manager of “G Bar”, Miss Pompey spent two months working in all aspects of the bar from gaming machines to the TAB, to tills and dealing with money. The training was full-time, and Miss Pompey was not paid. According to the reference, Miss Pompey did not once complain about the fact that she had worked without pay. She turned up for every shift on time, and completed each shift with efficiency.

[3] Miss Jewell has been in the industry for 19 years, and is the holder of a current General Manager’s Certificate. She has committed herself to ensure that Miss Pompey is aware of the rules, and fully supports the application.

[4] Miss Pompey, when she was under the age of 17, became involved with a group of young people who got into the habit of stealing from other person’s properties. We understand from the background papers that her brother may also have been involved. As a consequence, Miss Pompey has a record of two burglary convictions although both were recorded in the Youth Court. They relate to offending which occurred in October 1999 and December 2001. The last conviction was on 16 October 2002, approximately 12 months after the offending. On that charge Miss Pompey was admonished and discharged, on the other charge she was ordered to pay total reparation of $125.33.

[5] When she completed her application form in December 2003, Miss Pompey did not disclose the two convictions. She did not do so because she was remorseful about the convictions, and not proud of them. She was also very nervous that having achieved full-time employment with the “G Bar”, that the convictions themselves might result in her losing her employment. Miss Pompey is not the first person to have acted in this way. A form of deception did take place. The omissions were made for reasons which can be understood, although not necessarily accepted.

[6] As a consequence of the convictions coming to light, the management of the “G Bar” reviewed the situation. At that stage they could have taken no further interest in Miss Pompey, but they felt that she should be given a second chance, because they regard her as an exceptional temporary duty manager. Indeed Miss Pompey has been made a temporary manager for approximately 8 months from time to time.

[7] The Police have quite correctly pointed out that burglary is one of the more serious convictions in the statute books, and we accept that observation. Previous decisions of the Authority have indicated certain guidelines. One of those decisions is the case of G L Osborne LLA 2388/95. In that case the Authority said:

"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."

In that case the Authority suggested that time should run from the date of the conviction, although it is our view that the correct assessment of time is from the date of the offending.

[8] As indicated earlier the offending took place when Miss Pompey was under 17 years of age in 1999 and 2001. It is now nearly three years since the last offending took place. Miss Pompey has come a long way since that time, and the support which she has, is a credit to her decision to change her life around.

[9] We have taken into account the submissions made by Mr Ross Murphy of Liquor Licensing Bureau Limited. We acknowledge that the offending was in the Youth Court, and was some time ago, and that Miss Pompey has been eight months as a temporary manager without incident. In those circumstances we have decided to adjourn the application (without refusing it) for nine months. We are calling for a period of time when Miss Pompey’s management of the bar can be monitored. If at the end of nine months there have been no other adverse incidents reported by the Police or District Licensing Agency Inspector, we propose to grant the application on the papers. If on the other hand adverse incidents occur, a further public hearing may be necessary, or the application will be refused.

[10] The application is adjourned accordingly.

DATED at WELLINGTON this 6th day of September 2004

Judge E W Unwin Mr J C Crookston
Chairman Member

Pompey.doc(nl)