QLD Selling bubble tea in my shop

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kcsu

Active Member
4 December 2020
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Hi

I receive a letter from shopping center say I am not permitted to sell bubble tea in my shop. But in my lease permitted use session, I am allow to sell cold drinks in my shop.
"The retail sale of freshly prepared sushi, related Japanese food products and cold drinks. Trading under the trading name"
Am I legal to sell bubble tea in my shop as long as they are iced bubble tea not the hot drink one?

Thanks
 

Docupedia

Well-Known Member
7 October 2020
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314
I would say the question is whether you are permitted to sell "cold drinks" or "related Japanese food products and cold drinks". The second could be interpreted to mean you can only sell "Japanese cold drinks".

If the clause read: "The retail sale of freshly prepared sushi, related Japanese food products, and cold drinks" you'd probably be fine because the second comma (called an Oxford comma) makes it clear the food products are different from the cold drinks.

The lack of the comma makes it a more difficult proposition - it could be either way - because many people no longer use the Oxford comma.
 

kcsu

Active Member
4 December 2020
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31
I would say the question is whether you are permitted to sell "cold drinks" or "related Japanese food products and cold drinks". The second could be interpreted to mean you can only sell "Japanese cold drinks".

If the clause read: "The retail sale of freshly prepared sushi, related Japanese food products, and cold drinks" you'd probably be fine because the second comma (called an Oxford comma) makes it clear the food products are different from the cold drinks.

The lack of the comma makes it a more difficult proposition - it could be either way - because many people no longer use the Oxford comma.

Thanks for your reply. I missed a word when typing,
"The retail sale of freshly prepared sushi, related Japanese food products, chicken and cold drinks"
From the meaning, I think the cold drinks should not have linkage to "Japanese related" only. I m selling coke, sprite,fanta, Lipton tea for many years without issue.
 

Docupedia

Well-Known Member
7 October 2020
86
7
314
I’d say that makes a difference, and selling cold drinks generally would appear to be fine. I suspect the landlord has given someone else a lease with the permitted use of selling bubble tea (or similar), and are now getting grief that you are. Possibly the landlord gave them ‘exclusive rights’ without realising you could do so.
 
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Rod

Lawyer
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27 May 2014
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Tell the landlord you are in compliance with your lease, and say you are willing to forgo the selling of bubble tea if they offer compensation.
 
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kcsu

Active Member
4 December 2020
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Thank you so much for all the very useful advice!! I now got some idea on how to argue with shopping centre.
 

kcsu

Active Member
4 December 2020
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31
Tell the landlord you are in compliance with your lease, and say you are willing to forgo the selling of bubble tea if they offer compensation.
Hi Rod, I just got another reply from landlord but this time they are saying other thing ...
I refer you to the Final Design Approval (FDA) for your tenancy which permits cold
drinks to be sold from the approved drinks fridge only. You do not have Landlord
approval for Bubble Tea equipment or to sell cold drinks that are prepared onsite (non
pre-packaged cold drinks).
I never see any clause about " approved drink fridge".. looks like they are trying their best to stop us selling bubble tea.. what should I reply to landlord? They are saying we need to remove bubble tea. Failure to do so may result in you being in breach of your lease.
thanks a lot
 

Tim W

Lawyer
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28 April 2014
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What you need to do is stop selling hand made bubble tea,
until you can renegotiate your lease to provide for it.
Are you a franchise?
 

kcsu

Active Member
4 December 2020
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What you need to do is stop selling hand made bubble tea,
until you can renegotiate your lease to provide for it.
Are you a franchise?
Thanks Tim. I will make a request of approval to landlord. And nope, I am not franchise.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney