Hunt and Vincent v Thien Thai Restaurant [2010] NZLLA 1554 (23 December 2010)

Last Updated: 14 January 2011

[2010] NZLLA 1554

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 030/ON/42/01 issued to THIEN THAI RESTAURANT LIMITED in respect of premises situated at 105 Marine Parade, Napier, known as "Thien Thai Restaurant"

BETWEEN ROYSTON BRUCE HUNT

(Napier District Licensing Agency Inspector)

AND NIGEL ANDREW VINCENT FORMOSA

(Police Officer of Napier)

Applicants

AND THIEN THAI RESTAURANT LIMITED

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

ADDENDUM

In decision [2010] NZLLA 1554 dated 23 December 2010 the Authority said:

“We have before us an application filed jointly by Mr R B Hunt, Napier District Licensing Agency Inspector and Sergeant N A V Formosa of Napier Police dated 3 December 2010, for suspension of an on-licence.

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

(i) Section 115 – manager required to be on duty; and
(ii) Section 165 – unauthorised sale or supply of liquor.

On 20 July 2010, acting on information received, a Licensing Inspector visited the premises known as “Thien Thai Restaurant” and asked to speak to the duty manager. Following discussions with Mrs Thienthong Kanthavong, the director of the licensee it was revealed that the nominated manager had been living in Taupo since March 2010.

It transpires that no substitute manager had been appointed or employed and Mrs Kavanthong was advised that all liquor sale since the departure of the manager were unlawful. The licensee undertook to remedy the situation. Mrs Christine Campbell was appointed as a manager in the premises on 24 August 2010.

On 29 November the Inspector arranged to interview Mrs Campbell in relation to the status of the managers on the premises. Mrs Campbell stated that she was employed to manage the business during the evening and that the licensee had allegedly told her that she was willing ‘to take a gamble’ on selling liquor at other times without the presence of a manager.

A volunteer subsequently lunched at the premises at the behest of the Inspector and purchased liquor with the meal. There was no certificated manager on duty. When challenged the licensee admitted to having had no lunchtime manager on duty for some months.

The respondent does not dispute the ground for the application and has agreed to suspension of the on-licence. Accordingly, we make the following order by consent:

On-licence number 030/ON/42/01, issued to Thien Thai Restaurant Limited, is suspended for seven days from Monday 27 December 2010.”

The decision is amended by the addition of the following paragraph:

“However, the Authority records that should the respondent continue with similar blatant breaches of the Act then the continuation of the licence will be in question.”

In all other respects the decision remains unchanged.

DATED at WELLINGTON this 23rd day of December 2010

______________________
B M Holmes
Secretary

Thien Thai2.doc(ab)