Yang v Chunsun Group Limited [2007] NZLLA 1000 (10 October 2007)

Last Updated: 27 January 2012

Decision No. 1000/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.132 of the Act for suspension of on-licence number 007/ON/490/2006 issued to CHUNSUN GROUP LIMITED in respect of premises situated at 149 Symonds Street, Newton, Auckland, known as "Top Two Karaoke"

BETWEEN CHONYUNG YANG

(Police Officer of Auckland)

Applicant

AND CHUNSUN GROUP LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr P M McHaffie

DECISION

We have before us an application by Constable C Yang of Auckland Police for suspension of an on-licence held by Chunsun Group Limited in respect of premises situated at 149 Symonds Street, Newton, Auckland, known as “Top Two Karaoke”.

The grounds for the application are that the premises have been conducted in breach of the provisions of the following sections of the Act:

(i) Section 164 – permitting minors to be in a supervised area; and

Section 165 – unauthorised sale or supply of liquor; and
Section 167 – allowing person to become intoxicated; and
Section 170 – allowing person on licensed premises outside licensing hours; and
Section 172A(c) – failure to comply with s.130 (appointment of manager)

More particularly it is alleged that on Sunday 6 May last the Police entered the “Top Two Karaoke Bar”. It had been drawn to Police attention that the premises had apparently been trading into the early hours of the morning.

The business is licensed to sell and supply liquor for consumption on the premises during such hours as the premises are being operated as an entertainment venue between 6.30 pm and 12.00 midnight daily. The premises are designated supervised in their entirety. The Police visit was conducted at approximately 1.10 am.

At about 1.15 am Police attention was drawn to three females in a karaoke room; one was aged 17 years and six months, another aged 17 years and eight months, and the third aged 16 years and ten months. They stated that they had not been asked for identification when they entered the premises. They were in the company of two other females, one aged 20 years and eight months, and the other aged 18 years and two months. These two patrons identified themselves as friends of the underage women, and admitted that they were not their parents or legal guardians.

The youngest of the three underage patrons showed signs of moderate intoxication, exhibiting bloodshot eyes, slurred speech, and she had difficulty standing still. Five bottles of beer located in the room were seized by the Police for evidential purposes.

The Police then spoke to the duty manager who stated that she did not know that three of the girls were minors, and she could give no explanation for their presence on the premises.

Tax invoice forms located on the premises revealed that two liquor sales had been conducted at 12.45 am, some 45 minutes after the premises were required to be closed for the sale of liquor. These invoices were also seized as exhibits.

The duty manager admitted that the sales had taken place at the times indicated on the forms, and she was able to offer no explanation for her actions. It was further established that the licensee had not given notice of the duty manager’s appointment as required by s.130 of the Act.

The respondent does not dispute the grounds for the application and, following discussion with Constable Yang, has accepted the option of undergoing a recommended term of suspension of the licence, to be imposed by the Authority, without the requirement to convene a public hearing.

Accordingly, having considered the recommendation from the Police we make the following order:

On-licence number 007/ON/490/2006, issued to Chunsun Group Limited, is suspended for five days from 6.30 pm on Wednesday 7 November 2007 until 6.30 pm on Monday 12 November 2007.

DATED at WELLINGTON this 10th day of October 2007

______________________
B M Holmes
Deputy Secretary

TopTwoKaraoke.doc(ab)