Tra - Steamboat Restaurant & Bar [2002] NZLLA 703 (17 December 2002)

Last Updated: 29 December 2011

Decision No. PH 703/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by THE VAN TRA and DZUNG TUYET TRA, trading in partnership, pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 66 Atkinson Avenue, Otahuhu, Auckland, known as “Steamboat Restaurant & Bar”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookson

HEARING at Auckland on 12 December 2002

APPEARANCES

Mr D G Scott – as agent for the applicants
Constable S A L Hill – New Zealand Police – in opposition
Mr G S Whittle – Auckland District Licensing Agency Inspector – in opposition

Mr G H Mullins – Otahuhu Mainstreet & Commercial Association – in opposition

RESERVED DECISION OF THE AUTHORITY

[1] This is an application by The Van Tra and Dzung Tuyet Tra, trading in partnership, pursuant to s. 18 of the Act for the renewal of their on-licence in respect of premises situated at 66 Atkinson Avenue, Otahuhu, Auckland, known as “Steamboat Restaurant & Bar”. The business currently trades with a ‘Restaurant’ style licence. In other words, liquor may be sold during the days and hours that the premises are being operated as a restaurant. The current trading hours are to 3.00 am although it seems clear that such hours are out of step with all other licensed premises in Otahuhu.

[2] The application attracted adverse reports from the District Licensing Agency Inspector and the Police. There was also an objection to the renewal by the Otahuhu Business Association Incorporated. The only concerns were the hours of closing. Indeed very few if any, restaurants would ordinarily be open for ‘post prandial’ drinking at that hour.

[3] At the public hearing, Mr Scott requested an adjournment. He said that the Tras had two functions for which they were catering, the bookings for which had been made prior to the case being set down. The application was opposed by the other parties. After further discussions, Mr Scott took further instructions from his clients. In the event they agreed to a reduction in the closing hour to 1.00 am. We commend them for their approach. Accordingly, the objections are now withdrawn.

[4] On-licence 007/ON/289/2000 issued to The Van Tra and Dzung Tuyet Tra is renewed for three years to 27 October 2004.

DATED at WELLINGTON this 17th day of December 2002

__________________
B Holmes
Deputy Secretary

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