Kitcher v JS Entertainment Limited [2007] NZLLA 597 (25 June 2007)

New Zealand Liquor Licensing Authority

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Kitcher v JS Entertainment Limited [2007] NZLLA 597 (25 June 2007)

Last Updated: 30 January 2010

Decision No. 597/2007-
598/2007

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/299/2006 issued to JS ENTERTAINMENT LIMITED in respect of premises situated at 525-529 Ellerslie-Panmure Highway, Mt Wellington, Auckland, known as "Miss Q’s Pool Bar & Café”

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager’s Certificate number GM/007/1340/04 issued to JINSHENG RAO

BETWEEN WAYNE DENNIS KITCHER

(Police Officer of Greenlane)

Applicant

AND JS ENTERTAINMENT LIMITED

First respondent

AND JINSHENG RAO

Second respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Dr J Horn
Mr P M McHaffie

DECISION

We have before us applications by Sergeant W D Kitcher of Greenlane Police for suspension of an on-licence held by JS Entertainment Limited in respect of premises situated at 525-529 Ellerslie-Panmure Highway, Mt Wellington, Auckland, known as “Miss Q’s Pool Bar & Café”, and for suspension of a General Manager’s Certificate held by Jinsheng Rao.

The grounds for the applications are that the premises have been conducted in breach of the provisions of s.155 of the Act, which creates an offence in respect of any sale or supply of liquor to persons under 18 years of age, and that the manager has failed to conduct the licensed premises in a proper manner.

More particularly it is alleged that at approximately 12.30 am on Sunday 15 April last the Police visited the premises known as “Miss Q’s Pool Bar & Café” where they encountered a number of young persons consuming liquor. Two of these persons revealed to the Police that they were 16 years of age, they carried no means of identification, and they had not been challenged as to their age when they had purchased liquor from the bar.

The second respondent, Jinsheng Rao, identified himself as the duty manager. Mr Rao is sole director of the company which holds the on-licence and is, therefore, in his alter ego effectively the licensee. He acknowledged his obligations under the Act but was either unable or unwilling to provide the Police with any explanation as to why he had permitted the unlawful sale of liquor to occur.

The grounds for the applications are not in dispute and the respondents accept that suspension of the on-licence and manager’s certificate is an appropriate sanction.

A settlement has been negotiated to facilitate imposition by the Authority of recommended periods of suspension without the requirement to convene a public hearing.

We have considered the recommendations from the applicant and we will deal with the matters on the papers. Accordingly, we now make the following orders:

(a) On-licence number 007/ON/299/2006, issued to JS Entertainment Limited, is suspended for 48 hours from 8.00 am on Tuesday 31 July 2007.

(b) General Manager’s Certificate number GM/007/1340/04, issued to Jinsheng Rao, is suspended for one month from Monday 30 July 2007.

DATED at WELLINGTON this 25th day of June 2007

______________________
B M Holmes
Deputy Secretary

MissQ’sPoolBar.doc(ab)