Peking [2003] NZLLA 157 (18 March 2003)

Last Updated: 9 July 2010

Decision No. 157/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by FOOD PARADISE COMPANY LIMITED pursuant to s.18 of the Act for renewal of an on-licence in respect of premises situated at 15 Kent Terrace, Wellington, known as "Peking House"

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Members: Mr J C Crookston

DECISION

This is an application by Food Paradise Company Limited for renewal of an on-licence in respect of premises situated at 15 Kent Terrace, Wellington, known as "Peking House".

Public notification of the application did not attract any objection or notice of desire to be heard, but reports from the Police and the District Licensing Agency Inspector oppose renewal of the licence. This opposition stems from charges brought against two of the directors of the licensee, pursuant to ss.233(1)(b) and 252(1)(c) of the Fisheries Act 1996. These charges, if proved, may result in a significant monetary penalty and/or a term of imprisonment.

Both reporting officers are of the view that these charges reflect unfavourably upon the suitability of the applicant to continue to hold an on-licence, and seek our refusal to renew.

We are bound to say that we share the concerns expressed in the reports; however, the charges have yet to be heard. Having said that, we are not persuaded that it is appropriate for the future of the licence to remain “in limbo” for an indeterminate period. The Inspector’s report indicates that the business has been operated entirely in accordance with the requirements of the Sale of Liquor Act 1989, and we are of a mind to renew the licence.

Having regard to the circumstances we have asked our secretariat to ascertain whether the applicant is amenable to a renewal of the on-licence for eighteen months rather than the maximum three years provided by statute. It is anticipated that during this period the Court proceedings will have been disposed of one way or another. The applicant has indicated acceptance of this proposal. We will deal with the matter on the papers.

We point out that should the charges brought against the applicant company’s directors subsequently be upheld, the Police and District Licensing Agency may wish to exercise their prerogative under s.132 of the Act and seek variation, suspension or cancellation of the licence.

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 on the existing terms and conditions until 26 January 2004, that being eighteen months from the first anniversary of the licence, and authorise the issue of a notice of renewal.

DATED at WELLINGTON this 18th day of March 2003

_____________________________
B M Holmes
Deputy Secretary

Peking House.doc(afw)