Suckling v Opium NZ Limited [2010] NZLLA 77 (12 February 2010)

Last Updated: 13 March 2010

Decision No.PH 77/2010

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 cancellation of on-licence number 007/ON/173/2009 issued to OPIUM NZ LIMITED (in liquidation) in respect of premises situated at 291-297 Queen Street, Auckland, known as “Opium Restaurant and Bar”

BETWEEN BRIDGET SUCKLING

(Police Officer of Auckland)

Applicant

AND OPIUM NZ LIMITED (in liquidation)

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 10 February 2010

APPEARANCES

Mr G S Whittle - NZ Police - applicant
No appearance by or on behalf of respondent

ORAL DECISION OF THE AUTHORITY

[1] This is an application dated 9 November 2009, brought pursuant to s.132 of the Act for the cancellation of on-licence number 007/ON/173/2009 issued to Opium NZ Limited (in liquidation) in respect of premises situated at 291-297 Queen Street, Auckland, known as “Opium Restaurant and Bar”.
[2] The sole witness for the applicant was Gary Selwyn Whittle who is an Alcohol Harm Reduction Administrator employed by the Police and who is stationed at the Downtown Police Station. He advised that Opium NZ Limited was placed into liquidation on 30 October 2009 and a printout from the New Zealand Companies Office attesting this fact was exhibited.
[3] He stated that since 30 October 2009 the premises have not traded and no application for a temporary authority had been applied for.
[4] The application is brought upon the grounds that the conduct of the licensee is such as to show that it is not a suitable person to hold the licence. Reference is made to Bentleys Café and Bar Limited (in liquidation) NZLLA 500/97 where the Authority stated:

“In considering the ordinary meaning of suitability we do not regard a company in liquidation as well fitted for the purpose or that it is appropriate for it to be granted an on-licence. An adjudicated bankrupt would be in a similar position if he or she sought a licence.”

[5] Accordingly, the on-licence is cancelled.

DATED at WELLINGTON this 12TH day of February 2010

B M Holmes
Deputy Secretary

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