Hampstead [2008] NZLLA 726 (29 May 2008)

Last Updated: 21 January 2012

Decision No. PH 726/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by MELLISSA HAMPSTEAD pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at GISBORNE on 14 May 2008

APPEARANCES

No appearance by or on behalf of applicant
Ms A S Joe – Gisborne District Licensing Agency Inspector – in opposition
Sergeant C Neustroski – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Mellissa Hampstead for the renewal of her General Manager's Certificate. Ms Hampstead was first granted her certificate on 19 August 2004 after a public hearing about her suitability. At that time there were concerns about her general level of maturity. The certificate was duly renewed for a period of two years on 19 August 2005.

[2] The present application for renewal drew adverse reports from both the District Licensing Agency Inspector and the Police. The Police pointed to an incident on 20 April 2007, when Ms Hampstead is alleged to have obstructed or hindered the Police. It is noted that in October of that year she was fined $400 with Court costs. We understand that when she was arrested, a small amount of cannabis was found and she was warned in respect of that matter.

[3] The Inspector confirmed that Ms Hampstead has failed to supply a copy of the Licence Controller Qualification despite requests to do so. Ms Hampstead needs to be reminded that the certificate cannot as a matter of law, be renewed unless the qualification has been applied for and obtained.

[4] As it happens Ms Hampstead was not present when her application was called. The Inspector has pointed out that she made contact with the "Turanga Hotel" recently to discover that Ms Hampstead had been called to Invercargill on a personal matter. We are not unaware of the fact that we should not make adverse decisions in the absence of an applicant, where the failure to appear is justified.

[5] The absence of the qualification would normally require us to refuse the renewal outright. Instead we are prepared to adjourn this matter once for three months. If Ms Hampstead makes the effort to obtain the Licence Controller Qualification within that period of time, then her application will be granted, and the certificate will be renewed. However, the period of renewal will be 18 months only, recognising her continuing involvement in offending of an antisocial nature. Ms Hampstead is nearly 33 years of age and it is time she matured.

[6] The period of renewal of 18 months will mean that the certificate, (if it is renewed), will fall due again for renewal on 19 February 2009 in approximately nine months time. We hope that the reduced period of renewal will encourage the applicant to reflect on the expectation that we have that she will exercise personal responsibility and restraint as an example to her patrons.

[7] The application is adjourned accordingly.

DATED at WELLINGTON this 29th day of May 2008

B M Holmes
Deputy Secretary

Mellissa Hampstead.doc(aw)