Hubay [2008] NZLLA 1114 (12 August 2008)

Last Updated: 28 January 2012

Decision No. PH 1114/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MARY ARANKA HUBAY pursuant to s.123 of the Act for renewal of a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at WELLINGTON on 22 July 2008

APPEARANCES

Ms M A Hubay – applicant
Ms S Gates – Porirua District Licensing Agency Inspector – in opposition
Senior Sergeant S D Sargent – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Mary Aranka Hubay for the renewal of her Club Manager’s Certificate. Ms Hubay has held her certificate since 30 May 2001. The certificate fell due for renewal on 30 May 2008.

[2] In accordance with s.126 of the Act the criteria that we must take into account are as follows:

(a) The character and reputation of the applicant;

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed;

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence, with the aim of contributing to the reduction of liquor abuse;

(d) Any matters dealt with in any report made under s.124 of the Act.

[3] Ms Hubay uses her Club Manager’s Certificate as the bar manager of the “Paremata-Plimmerton Rugby Football Club”. That club has seen fit to send a reference to the Authority which states amongst other things, "Mary is well known as being uncompromising about any possible breaches of our club's code of conduct or our licence conditions. She actively promotes respectful behaviour as a good example to all club members and visitors. Mary commands respect because of her no nonsense attitude and also because of her good grace and welcoming personality. We are proud to have Mary as one of our members and know that the club and its reputation are in good hands when she's on the premises".

[4] That reference is in sharp contrast to the convictions disclosed by Ms Hubay when she filed her application. Ms Hubay was granted her certificate in the light of historical convictions which showed no elements of violence. She stayed out of trouble until 5 January 2007.

[5] On that evening she went to a nightclub in Wellington with friends. She says that she had one drink but she was on medication. The combination resulted in her being asked to leave because of her apparent intoxication. The other reason was because she was being abusive to the staff.

[6] It is alleged that she became agitated and as she was being directed outside she struck a doorman. She says that she was not the perpetrator. Although she has no evidence to support her statement, she says that a friend who lives in Australia has indicated that it was her who directed the punch.

[7] In any event the Police were called. They made several attempts to calm Ms Hubay down but she continued to hurl abuse and be aggressive and was arrested.

[8] When arrested she lashed out and her conduct resulted in a resisting charge. She came before the Courts charged with assaulting the Police, common assault and resisting the Police. She says she defended the case but she was subsequently convicted and fined a total of $750 with costs.

[9] Those charges cannot be said to be anything other than serious. The balancing exercise that we are required to undertake, has on the one side of the ledger, the fact that these are club premises. They have no known problems with the running of the club and have not come before the Police on any level. The premises are well run and there is an excellent reference. In addition Ms Hubay is not doing this job for the money. She is a volunteer helping to run an amateur club.

[10] On the other hand liquor was involved in the incident but apparently not very much. As a consequence Ms Hubay faces the possibility that a vocation and form of hobby that she has given seven years to, could be taken from her.

[11] The issue is about keeping standards high. It is fair to say we were disappointed with Ms Hubay's attitude when she gave evidence in the witness box. We refer to a decision of Horse and Trap Tavern Limited LLA PH 880-881/2005 where it was said:

"We believe that raising the bar for the holders of General Managers' Certificates and keeping it at a certain height has the potential to bring about a reduction in the abuse of liquor nationwide. If certain otherwise meritorious applicants suffer in the process that may not be too high a price to pay in order to achieve this long term goal."

[12] In the case of Ms Hubay she will be given one final opportunity to show that she has learned valuable lessons from this incident and is able to apply such knowledge in the proactive way.

[13] The certificate will be renewed but for one year only. This means that it will fall due for renewal on 30 May 2009 in about nine months time. Ms Hubay needs to take that opportunity to reflect on her conduct and to look at her general attitude towards the Police in particular, and to ensure that there is no repetition of antisocial behaviour of this type.

[14] That is a matter for the future. In the meantime we confirm that the application is granted on the terms set out above.

DATED at WELLINGTON this 12th day of August 2008

B M Holmes
Deputy Secretary

Mary Hubay.doc(aw)