Mini Karaoke and Restaurant [2011] NZLLA 1514 (22 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA PH 1514-1515

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/9298/2011 issued to FANSECO LIMITED in respect of premises situated at 5A Eden Crescent, Auckland known as “Mini Karaoke and Restaurant”

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at TAURANGA on 13 December 2011

APPEARANCES

Mr G S Whittle – NZ Police – applicant
Mr J D Young – for respondent
Mr J H Wiles – for Greenland Entertainment Limited

DECISION OF THE AUTHORITY

[1] In an application brought under s.132 of the Act dated 18 November 2011 the Police have described the licensee as “Fanseco Limited (under temporary authority issued to Greenland Entertainment Limited)”.

[2] The application repeats allegations contained in an earlier s.132 application dated 15 August 2011. By a decision dated 27 September 2011 the earlier application was adjourned for six months or the date that the application was withdrawn by the Police whichever event occurred first. The reason that the earlier application was adjourned was that the business was the subject of an agreement for sale and purchase whereunder Greenland Entertainment Limited was the purchaser.

[3] The application of 18 November 2011 also contains allegations relating to incidents which occurred on 16 October 2011. It seems clear that at that time the premises were operated by Greenland Entertainment Limited and not Fanseco Limited.

[4] The position of the Police is secured by reason of the fact that on 21 December 2011 the temporary authority issued to Greenland Entertainment Limited expires. The Police have indicated that they will oppose any future temporary authority to Greenland Entertainment Limited.

[5] Rather than resolve the various issues arising from the application of 18 November 2011, it seems sensible to adjourn that application on the same basis as the application of 15 August 2011.

[6] Accordingly, the application dated 18 November 2011 is adjourned on the same basis as the application referred to in decision [2011] NZLLA PH 1074-1075 dated 27 September 2011.

DATED at WELLINGTON this 22ND day of December 2011

M Langworthy
Deputy Secretary

Mini Karaoke.doc(aw)