Application No 9755/2016
IN THE MATTER
of the Sale and Supply of Alcohol Act 2012 (the Act)
AND
IN THE MATTER
of an application by Ms Ruby Terina Julia Mangu of Beeva
Limited pursuant to section 127 for the renewal of an ON-Licence
in respect of premises situated at 90 Peel Street and known as
Sugar N Spice Bar.
BEFORE THE GISBORNE DISTRICT LICENSING COMMITTEE
Chairperson:
Councillor Pat Seymour
Members:
Ken Lyell, Peter Williamson
HEARING at Gisborne Cosmopolitan Club on Tuesday 12 July 2016
APPEARANCES
Ms Ruby Mangu - Applicant for Beeva Ltd
Mr Leighvi Maynard - Burnard Bull & Co - Solicitor for applicant
Sergeant Issac Ngatai - Gisborne Police Alcohol Harm Reduction Officer
Ms Kelly Hosking – Gisborne District Council Licensing Inspector
Ms Kate Sykes - Operations Manager – Population Health - Hauora Tairawhiti
RESERVED DECISION OF THE DISTRICT LICENSING COMMITTEE
Mr Leighvi Maynard, solicitor for Ms Mangu, advised that he did not propose to make any oral
presentation or to give evidence of any type. He was attending to answer questions from the
Committee.
BACKGROUND
1.
This application for the renewal of an ON-Licence was received by the Gisborne District Council
on the 11 February 2016 from Ms Ruby Terina Julia Mangu the sole director of BEEVA Limited. The
venue at 90 Peel Street has had a long history of operating as an alcohol licensed premises. The
use of the premises meets the definition under the Sale and Supply of Alcohol Act 2012 [the Act]
of a Tavern.
2.
Reports from the Operations Manager Population Health Hauora Tairawhiti and the Alcohol
Harm Reduction Officer of the NZ Police at the time of the application offered no opposition.
3.
There were matters of concern to District Licensing Inspectors around the premise’s hygiene and
uncertainty around the management structure at the time the application was the received.
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4.
A meeting between Ms Mangu and licensing staff was held on 5 April 2016 where concerns were
raised with Ms Mangu and clarification sought.
5.
The District licensing Committee in considering the application noted those concerns and the
contents of the file note of the meeting on 5 April 2016.
6.
Section 107 of the Act provides for the Authority or Committee to refuse a licence even if the
application is not opposed.
7.
The Committee took the view that the concerns around hygiene, the lack of clarity around the
management structure and undertakings given in the initial application in 2015, and repeated
in this application relating to management and to the provision of certain foods, should be
tested with the applicant.
SITE VISIT
8.
The Committee along with Ms Hosking Licensing Inspector, Sgt Isaac Ngatai and Ms Mangu
visited the premises at 9.00am on the morning of the hearing. The Committee viewed the
kitchen and the food contents of the freezer, the location of the safe seat as described by
Ms Mangu and the breezeway used as a smoking area. The Committee noted potential safety
issues with the padlocked gates on the breezeway/smoking area.
APPLICATION
9.
This is an application for an ON-Licence by "Beeva Limited" trading as "Sugar N Spice Bar".

The premises have operated under the current ON-Licence for one year.

The general nature of the business conducted under the licence will be that of a tavern.

The premises operate as a gaming venue, bar and night club. The night club operates on a
Friday and Saturday night. Ms Mangu, the sole director is proposing to continue operating
the business in the same manner as it is currently.

An increase in opening hours, within the default provision of the Act is sought.

The lease agreement between the applicant and building owner has been provided in
support of the application.

The following certificated managers are employed at the premises through whom the
licence will be exercised:
(I)
Tara Fox
(2) Rhona Lee Pitcher
27/CERT/9491/2015
Expiry 28 October 2016
27/CERT/9150/2015
Expiry 24 April 2018
 The premises day-to-day manager is Rhona Pitcher, who is suitably experienced to
undertake these duties.
There is no objection to the goods and services that the applicant is engaged in with relation to the
principal activity of the business.
APPLICANT
10. The applicant is a private company: Beeva Limited.

Beeva Limited was incorporated under the Companies Act 1993 on 27 February 2015.
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
The listed sole Director of the company is Ruby Terina Julia Mangu of Gisborne.

The listed Shareholders of the company are:
(1)
Leonie Eliza Cleaver of Gisborne; and
(2)
Stephanie Jean Adams of Gisborne, both holding 50% each of the shares.
 There are no ARLA enforcements or criminal offences listed against the company director or
the shareholders.

Ruby Mangu is the company director. This is her first business in the hospitality sector, although
she had experience and mentoring prior to taking over the business last year. Ms Mangu
confirmed that other work and family commitments several months after the on licence was
initially granted, meant she had to take a step back from the day-to-day management of
the premises. This resulted in the premises being operated in a way that was not satisfactory,
and there was confusion as to who was responsible for the affairs of the business. After a
meeting on 5 April 2016, and subsequent discussions and additional information being
provided, there is reasonable confidence that Ms Mangu will maintain the premises and
management structure that has been established. Ms Mangu has assured licensing staff that
she is being proactive in her role as the Director of the company and is committed to ensuring
the business is managed well.

The premises holds a Class 4 gaming licence issued by the Department of Internal Affairs.

Ms Mangu does not currently hold an active Manager's Certificate.

Interview and general discussions with the applicant have revealed that Ms Mangu has
adequate knowledge about responsibilities under the Sale and Supply of Alcohol Act 2012.
She has made an undertaking to take more of an active role again at the premises and has
confidence in the management structure that has been established at the premises to
manage the day to day affair if she is unavailable to do so.

There is no information to indicate Ms Mangu is an unsuitable person to operate these
premises with an on-licence.
CONDUCT OF LICENCE
11. There have been historic matters concerning premises hygiene and food availability during
routine inspections
12. Some concerns were expressed by the Reporting Officers as to the management of the
company and Ms Mangu had expressed some confusion in her meeting with the reporting
officer on the 5th June.
PREMISES
13. The premises at 90 Peel Street was established as a nightclub a number of years ago and have
progressed through many iterations of management. The premises are deemed suitable for a
nightclub and currently operate under a licence 27/ON/9182/2015.
14. Currently the entire licensed area is designated as a restricted area and the applicant is not
seeking any change to that designation. This is appropriate for the activity of Beeva Ltd.
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THE HEARING
15. The applicant Ms Ruby Mangu indicated that she did not wish to present further evidence but
that she was happy to answer questions.
16. Ms Hosking for the District Licensing Committee Gisborne District Council sought clarification of
the company structure of Beeva Limited. A draft of the company structure as described in the
application was tabled and Ms Mangu confirmed that it reflected the company structure of
Beeva Ltd and the individuals associated with the company at the time of the application.
17. Ms Mangu indicated that Ms Julie Hooper was no longer a member of staff and now resides in
Australia and that she has employed Ms Shasha Brown who has previously worked at Sugar N
Spice Bar as a certificated manager. Ms Mangu indicated that she has a further staff member
in training Ms Donna Cust who has completed her LCQ and who works Friday nights and she is
pleased with her approach and progress.
18. Ms Mangu indicated that staff meetings and her new approach to taking back control of the
business attest that she has the management structure in place to support the application.
19. Ms Hosking noted undertakings have been given in the past going back to the initial application
for the ON-Licence in 2015 and many of these same undertakings are not consistently met.
20. Ms Mangu was asked about the standards of kitchen cleanliness and who is responsible for the
maintenance of the hygiene in the kitchen. Ms Mangu responded that she is responsible for 20%
of the time and Ms Cleaver who uses the kitchen for her food preparation business is responsible
for 80% of the time.
21. Of particular note was the state of the kitchen floor and of the safety aspects for staff of the
lifting tiles and cracked lino; noted during the site visit.
22. Sgt Isaac Hoani Ngatai presented his evidence and an update from the previous tabled
evidence of 16 February 2016. At the initial consideration of the application Sgt Ngatai noted
no objections; the premises had three current staff members who held managers’ certificates.
Ruby Mangu’s manager’s certificate had expired in January 2016 which she was about to
renew.
23. Subsequently Sgt Ngatai’s police report for the hearing notes that Ms Mangu appeared before
the Gisborne District Court on 27 May 2016 on a charge of driving with a breath alcohol level of
448 Mcgs/Litre of breath. She pleaded guilty and was discharged without conviction and had
to pay reparation of $500.
“The basis of the application for the discharge without conviction was based around her loss
of employment as a security officer for a local security firm if she received a criminal
conviction.
The ON-Licence renewal application for Beeva Limited shows her as one of the four listed
certified managers. Ms Mangu’s manager’s certificate has now expired.
This drink drive matter will definitely affect her ability to apply for a manager’s certificate as
this is a suitability issue. Police would be seeking a two year stand down for a new manager’s
certificate that relates to a drink drive matter”.
24. Ms Mangu affirmed the new certificated manager and the bar person in training gave her
confidence the obligations for certificated mangers and suitable bar staff could be met.
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25. The DLC sought confirmation from Ms Mangu that matters raised previously and undertakings
given as far back as the initial application of 2015 would be attended to and be consistently
maintained
26. In response to questions from the District Licensing Committee arising from concerns in the file
notes of the meeting of 5 June 2016:

In relation to hygiene of the premises; Ms Mangu responded that she would take full
responsibility for the standard of the cleaning of the food preparation premises and hygiene,
and that she would be speaking to Mr and Mrs Cleaver. Ms Mangu responded that Ms Clever
did have the use of the kitchen on three days a week for the use of Ms Cleaver’s business
Nourish Kitchen hence the former 80/20 shared responsibility for hygiene. In the Committee’s
view this shared responsibility has not been working.

In relation to management of the premises; Ms Mangu advised that she had appointed Rona
Pitcher as the duty manager and that she would personally take a closer role in the oversight
of the management of the premises. Kurt Adams fixes all gaming machines in the district and
does the bookwork for Beeva Ltd and pays the bills. Ms Mangu would have been happy to
have him as the business manager but as he fixes all gaming machines in all other premises
she did not want this to appear to create a conflict of interest for Kurt Adams.

In relation to undertakings previously given around food availability:
Hot soup; Ms Mangu discussed the hot soup provided fresh on a daily basis and sold to clients
and business people in the area. The soup is supplied to Beeva Ltd from the Cleaver’s business
Nourish Kitchen.
27. Ms Hosking noted in relation to the use of the kitchen by Nourish Kitchen that Beeva has the
premise registration, therefore Beeva has the responsibility for the maintenance of standards in
the kitchen.

Hot chips; Still the frying facility on the premises is not available due to delays in repairs to the
extractor fan, an undertaking given in 2015. ‘This should be remedied shortly’. In response
to further questioning Ms Mangu gave an undertaking to have it repaired in two weeks and
until then chips are purchased from McDonalds for clients. Some frozen food items were
visible in the freezer during the site visit.

The sausage sizzle; Again an undertaking from 2015. The Committee could find no evidence
of this ever having occurred as Ms Mangu advised that the BBQ is ‘still upstairs’. Ms Mangu
said that ‘clubs book to do it but then do not turn up’. Ms Hosking explored the practicalities
of the delivery of a BBQ and the hours as suggested. The District Licensing Committee
suggested that alternative means should be looked at for the provision of BBQ sausages if
that is to continue to be an undertaking.
28. Ms Hosking asked who of staff physically provides the food. Ms Mangu responded that she does,
bar staff raise their hands when food is required.
29. In relation to a question what role does Allan Thompson play; ‘No role now’.
30. In relation to comment that Ms Mangu has seen one of her managers serve intoxicated and
underage patrons. Ms Mangu said that some patrons appear with tampered IDs especially
driving licences; some appear with the ID of a brother or sister and that she has had words with
the certificated manager involved and that she has been providing guidance and further
training and support to ensure that this no longer happens.
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Ms Mangu affirmed total confidence now in Tara Fox. Beeva have purchased an ultra violet
light machine to check for tampering of IDs and they have three security staff on the bar. Ms
Mangu noted that in future she would provide information around tampered IDs direct to the
Police.
31. Ms Mangu affirmed that she was employed as a security guard for 360 Degrees Security on the
Sugar and Spice premise.
32. The Committee noted the provision of an accountant’s confirmation that proceeds from the
sale of alcohol as well as purchases are accounted for in the financial records of Beeva Limited.
33. Mr Leighvi Maynard asked for confirmation of the matters that Ms Mangu must attend to and
sought confirmation that they were; hygiene, cleaning, attending to the extractor fan
replacement – subject to resolution of technical issues, food availability, understanding and
oversight of the premises/management.
CONCLUSION
34. The Committee, in considering all evidence before it, formed a view that Ms Mangu is now
determined to make the licensed premises of Beeva Limited meet its obligations under the Sale
and Supply of Alcohol Act 2012.
35. There is no objection against the applicant’s request to alter opening hours. The proposed hours
will lie within the default opening hours provided within the legislation and are agreed to.
36. Recording Ms Mangu’s stated intention to play a more hands on role in the day-to-day
operations and supervision of the premises, the Committee granted the renewal of the
ON-Licence for one year expiring on 20 July 2017.
CONDITIONS
37. This licence is subject to the following conditions:
(a) No alcohol is to be sold or supplied on Good Friday, Easter Sunday, Christmas Day or before
1.00pm on Anzac Day to any person other than persons who are present on the premises for the
purpose of dining.
(b) Alcohol may be sold only on the following days and during the following hours to any other
person who is present on the premises;
(i)
Monday to Wednesday
10.00am to 2.00am the following day
(ii) Thursday to Saturday
10:00am to 3.00am the following day
(iii) Sunday
10:00am to 12.00 Midnight
EXCEPT THAT on the Thursday before Good Friday; and on Easter Saturday; and on Christmas
Eve: and on the day before Anzac Day liquor may only be sold between 10.00am and
12.00 midnight.
(c) The licensee must have available a reasonable range of non-alcoholic refreshments and lowalcohol beverages for consumption on the premises, while the premises are open for business.
(d) The licensee must have freely available for patrons at every bar and in the gaming room, drinking
water and hygienic vessels for drinking the water on the premises.
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(e) At all times when the premises are open for business, food in portions suitable for a single
customer must be available for sale and for consumption on the premises(i)
At reasonable prices; and
(ii)
Within a reasonable time of being ordered and within no longer than 20 minutes.
Menus must be visible and food must be actively promoted. At a minimum, three types of
substantial food items shall be available and the range or style of food shall be consistent with,
or more substantial than, that submitted for the on-licence application.
(f)
Each of the following parts of the premises is designated as a “restricted' area at all times: The
entire licensed area.
(g) The licensee must ensure that signs are prominently displayed within the licensed premises
detailing information on alternative forms of transport from the premises.
(h) The licensee must implement and maintain the steps proposed in the application for the licence
aimed at promoting the responsible consumption of alcohol including making available to all
staff a host responsibility plan detailing the steps to be taken by the staff to ensure a safe drinking
environment.
(i)
The licensee must ensure that the provisions of the Act relating to the sale and supply of alcohol
to prohibited persons are observed and must display appropriate signs adjacent to every point
of sale detailing the statutory restriction on the supply of alcohol to minors and the complete
prohibition on sales to intoxicated persons.
(j)
A one-way door restriction applies for the following days and times:
Friday to Sunday from 2:00am to 3:00am.
(k) The licence is subject to the requirements of the Act and Regulations relating to payment of
fees.
Duration
Subject to the requirements of the Act relating to the payment of fees, and to the provisions of the
Act relating to the suspension and cancellation of licences, this licence expires on the: —
20TH day of July 2017
DATED at Gisborne this 20th day of July 2016.
Patricia Seymour
Chairperson Gisborne District Licensing Committee
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