Richard Guthrey is reopening his Remarkables Seafood Restaurant in Mangonui after winning an appeal against the cancellation of his liquor licence. Photo / Mike Dinsdale
Northland restaurateur Richard Guthrey feels vindicated after winning an appeal against a declined liquor licence application that deemed him “not a fit and proper person”.
The Remarkable Seafood Restaurant in Mangonui will soon reopen after being closed for 13 months due to the loss of its liquor licence, that owner Guthrey blamed on a misunderstanding.
The long-time and award-winning winemaker opened the restaurant, on Mangonui’s waterfront, in late 2023 after “retiring” from running Remarkable Wines cellar in Bannockburn, Cromwell. The eatery had an on-licence for one year to expire on October 3, 2024.
The restaurant earned rave reviews, but it was shut down in October 2024 when its liquor licence was due for renewal.
The Far North District Council’s liquor licensing officer sent a renewal form and invoices to the company’s post office box in Mangonui, but Guthrey was away at his Central Otago winery and never received the documents.
Then, two days before the licence was due to expire, he received a call from the council, telling him that his licence would expire unless the renewal fees were paid within the next two days, he said. After looking for the invoice without success, Guthrey said he called the council back to say he had never received an invoice. He was given the amount and invoice numbers and paid the fees immediately.
He said he was not asked to complete a new application form and believed that as he did pay on time, his licence was in the process of being renewed. So he continued to allow the sale of alcohol until the police paid a visit to the restaurant and charged him for serving liquor without a licence.
Guthrey subsequently appeared in the Kaitāia District Court on the charge and was discharged without conviction. He then applied to the District Licensing Committee (DLC) for a new licence but was denied by a two-to-one majority because of opposition by the police, who claimed that he was “not a fit and proper person” to hold a liquor licence.
He appealed this to the Alcohol Regulatory and Licensing Authority and after a hearing in Whangārei late last month, the DLC decision was reversed.
The authority members found that the “punishment” for Guthrey’s oversight is one that is being shared by the Doubtless Bay community, who have been deprived of the opportunity to attend a well-run restaurant to have a glass of wine or beer with their meal.
They said this was an unusual case and the way in which it will be dealt is a little out of kilter with the approach that is generally taken with such appeals.
“The reason for doing so may perhaps be picked up by having regard to the second to last paragraph of the decision of the ... DLC: ‘The finding of unsuitability of Mr Guthrey, as the alter-ego of Remarkable Wines Ltd, is not finite. Perhaps a fresh application lodged in June or July 2026, after a year of exemplary operation of the unlicensed daytime cafe, might find favour with the agencies and this committee’.”
The authority said the DLC decision centred primarily on the grounds that Guthrey and his company were not suitable to hold a licence, which arose from a “rather unfortunate series of events” around the time that the on-licence was due for renewal. The decision found Guthrey had been under the misapprehension that his on-licence would be for three years, not one.
People were found drinking alcohol at the restaurant at a function on October 18, 2024, which sparked a visit from police. The authority found that Guthrey’s reaction to police that day was of significance.
“Not only did he attempt to blame the FNDC [Far North District Council] for the misunderstanding about the on-licence, he indicated that he would take the matter up with the mayor, his MP and the media. The police assessment ... was that Mr Guthrey ”was compliant and respectful, but you could see that he was controlling his anger".
He then applied for a new licence, which was declined, and the appeal was made.
The appeal decision says that it does not consider that any criticism of the police or the council’s DLC is warranted in this case, with the police required to act as they did because there was no valid licence in place and this was because of a misunderstanding on Guthrey’s part.
“Mr Guthrey was the author of his own misfortune. On reflection, this matter could have been dealt with differently,” the authority members found.
“The on-licence could have been granted on the basis that the unauthorised sale of alcohol would be dealt with by way of a criminal prosecution.”
The authority accepted “without question” that Guthrey has had an exemplary record in the industry over many years and that he is a suitable person to hold an on-licence. It allowed the appeal and the DLC decision was reversed.
“The effect of this decision is that an on-licence is to [be] issued, which no doubt will be on much the same terms as the previous on-licence.”
Guthrey was delighted with the decision and hoped that his restaurant would be open for the busy Christmas/New Year summer period.
He said as soon as the new licence is issued, the restaurant will reopen, initially three nights a week with its current staff, before fully opening following the appointment of a new chef.
“This brings to an end a very difficult time for the business. In the current cost-of-living crisis, dining out has become unaffordable for many people and restaurants have been closing throughout New Zealand. Despite the lack of a liquor licence, the Remarkable Café has managed to survive, thanks to the support of our loyal customers, wonderful, dedicated staff and great food,” Guthrey said.