Lucky House Restaurant, re [2001] NZLLA 496 (20 November 2001)

Last Updated: 9 July 2010

Decision No. PH 496/2001

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by LUCKY HOUSE INVESTMENTS LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 298 Ti Rakau Drive, Pakuranga, Manukau City, known as “Lucky House Restaurant”

BEFORE THE LIQUOR LICENSING AUTHORITY

Deputy Chairman: District Court Judge J P Gatley
Member: Mr J C Crookston

HEARING at AUCKLAND on 12 November 2001

APPEARANCES

Mr J H Wiles for applicant
Mr A Wilkinson – Manukau District Licensing Agency Inspector – in opposition
Constable V P Steenkamp – NZ Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This application for renewal of an on-licence was opposed in a report from Mr A Wilkinson, Manukau District Licensing Agency Inspector, on the grounds that he considers the licensee to be unsuitable to continue to operate the business with the benefit of a liquor licence. Mr Wilkinson contends that the applicant has consistently ignored requisitions from the Environmental Health Officer, and is either unable or unwilling to maintain the premises to even a basic standard of hygiene appropriate to premises where food is prepared and sold.
[2] The licensee has been prosecuted in the District Court under the Health Act 1956, the Food Act 1981 and associated Regulations, with a preliminary hearing set down for 23 November 2001. After an adjournment enabling the Authority to have regard to hand up briefs we were advised of immediate action to be undertaken by Mr Hugh Lin Tam, the Managing Director of the applicant company, and we quote from his brief:-

“I have taken a very pro-active approach to the problems. For instance I and another Director, Wing Wah Wong, have obtained food and hygiene certificates and we are also putting other staff through this course. Two other head chefs are booked in for this course on 21 November. Other staff will also be put through a course. We have now complied with all the requisitions and carried out the work entailed. In that regard I produce copies of my letters to Manukau City Council dated 23 May and 12 July 2001. I am not the only holder of a General Manager’s Certificate. Another Director, Prue Sin Wong, also has a Manager’s Certificate. Hugh Wong also has a Manager’s Certificate.”

[3] Mr Wilkinson now advises that he does not consider refusal of renewal to be warranted and suggests that renewal for a short time be granted to afford the licensee an opportunity to remedy the matters subject to complaints by the Environmental Health Officer.
[4] Mr Wiles as counsel for the applicant accepts that that would be an appropriate course of action.
[5] We are satisfied as to the matters to which we must have regard as set out in s.22 of the Act. We renew the licence until 1 May 2002, that being 15 months from the first anniversary of the licence, but effectively for a period of less than six months from the date of this decision. We authorise the issue of a notice of renewal.

DATED at WELLINGTON this 20th day of November 2001

W Newall
Deputy Secretary
Liquor Licensing Authority

luckyhouse.doc(aw)