Notice of Meeting:

I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:


Date:                                                    Friday 27 January 2023

Time:                                                   10.00 am

Venue:                                                Plaza Conference Room, Civic Centre, the Octagon, Dunedin


Sandy Graham

Chief Executive Officer


District Licensing Committee

Extension of Temporary Authority – Tokyo Garden






Colin Weatherall


Deputy Chairperson




Rakei Amohau



Katie Lane



Senior Officer                                               Kevin Mechen, Secretary, District Licensing Committee


Governance Support Officer                  Lauren Riddle




Lauren Riddle

Governance Support Officer



Telephone: 03 477 4000



Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.


District Licensing Committee

27 January 2023



ITEM TABLE OF CONTENTS                                                                                                                                         PAGE


1             Apologies                                                                                                                                                                    4

Part A Reports (Committee  has power to decide these matters)

2             Report for Continuation of Temporary Authority, 343 George Street, Dunedin – From Secretary, District Licensing Committee                                                                                                                                              5


District Licensing Committee

27 January 2023



1          Apologies

At the close of the agenda no apologies had been received.

District Licensing Committee

27 January 2023


Part A Reports


Report for Continuation of Temporary Authority, 343 George Street, Dunedin – From Secretary, District Licensing Committee

Department: Civic






Applicant’s Name:

Tokyo Garden Food Limited

Site Address

343 George Street, Dunedin

Trading Name:

Tokyo Garden

Style of Licence


Application  Number


Date received by Council



1          This is a report for the extension of a Temporary Authority of the premises situated at 343 George Street, Dunedin, and known as “Tokyo Garden”.

2          The original application was opposed by the Licensing Inspector and Police but, because of the time of year, the Committee decided to issue the temporary authority until 27 January 2023 at which time a hearing for the substantive licence application would be heard, assuming the applicant had submitted it on time.

3          An application was received but, due to a technical issue only resolved on 18 January, the detail in the main application was unreadable and supporting documents were not attached.

4          This hearing is to rehear the original temporary authority application and to consider the information in the reports of the Police and Licensing Inspector.



5          The applicant company has two directors, Leonard CHENG and Chengyu ZHANG (also known as Chris ZHANG) with the latter being the sole shareholder.  There was a change in the company structure with a former director and sole shareholder, Ms Yingjie GAO, ws replaced by Mr ZHANG.  The change in company structure was not notified to the Alcohol Regulatory and Licensing Authority as required by section 69 of the Sale and Supply of Alcohol Act 2012.

6          The Committee asked for a temporary authority application to be submitted as soon as possible after the breach was identified in November 2022.  This was subsequently received, and both the Police and Licensing Inspector opposed the grant of the authority.  It was decided to issue the authority with the applicant being advised to apply for the substantive licence as soon as possible so a hearing could be convened on 27 January 2023.

7          An application was received by Council prior to the Christmas/New Year closure period however, it was not ‘readable’ by the computer system being used, despite the form being used was editable .pdf documented accessed on the Council website.  The application was returned advising it was incomplete and that supporting documentation was required.

8          A ‘work-around’ has now enabled the missing form data to be read but the supporting data has still not been received.

9          The hearing for the full licence cannot be convened however, because the temporary authority will need to be extended, a short-notice hearing to rehear the original application has been called for the same date, 27 January 2023, so the original opposition by the Police and Licensing Inspector can be considered before an extension of the temporary authority is determined.  The ability for the Committee to rehear this matter, at short notice, is found at sections 136(3) and 201(4) of the Act.


10        Temporary authority applications are not required to be publicly advertised but they are circulated to the Police and Licensing Inspector.


11        Police: The Police opposition relates the suitability of Mr ZHANG.  On 29 July 2022 Mr ZHANG, 26 years of age, was convicted for unlawfully carrying an imitation firearm during an incident in a licensed premises in Dunedin’s George Street in the early hours of 4 June 2022.  He was intoxicated at the time of the incident.  Another charge of presenting that imitation firearm was withdrawn by Police.

12        Mr ZHANG is essentially the operator of Tokyo Garden, but this incident raises questions as to his suitability to be operating a licensed premises.

13        Licensing Inspector: The Licensing Inspector identified the change in company structure while at the premises for a Food Licence check.  The second director, Mr CHENG, has been involved with licensed restaurants for a number of years but in this instance, did not notify the Authority of the change in directorship and shareholding.

14        Tokyo Garden has continued to sell alcohol since the change in February 2022 when they should have notified the Authority and, because of the shareholding change, should have applied for a new licence.

15        The Licensing Inspector raises questions as to the suitability of the applicant company to have an alcohol licence.


16        This original hearing for the substantive on-licence application is not able to take place.  The application was not able to be read at the time it was received and was not accompanied by the required supporting documents.  While the application can now be ‘read’, the other documents are not available so public notification cannot take place nor the application circulated to the reporting agencies.

17        The temporary authority was issued for a very short period to allow the substantive application to be received, circulated and reported on so it could be determined at this hearing.

18        To continue with the current temporary authority the Committee has decided to rehear the matter to hear the positions of the Police and Licensing Inspector and then decide whether to extend it’s expiry date.



Kevin Mechen - Secretary, District Licensing Committee








Temporary Authority Application



Licensing Inspector evidence



Licensing Inspector TA Report



Police TA Report



Cover Pages



Temp Authority and Decision



Miscellaneous documents



On-licence application - incomplete




District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023


District Licensing Committee

27 January 2023