Agenda of District Licensing Committee

Notice of Meeting:

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

Date: Wednesday 21 September 2016

Time: 9.00 am

Venue: Edinburgh Room, Municipal Chambers,

the Octagon, Dunedin

Sue Bidrose

Chief Executive Officer

District Licensing Committee

On-Licence Renewal – Branson’s 2014 Limited

PUBLIC AGENDA

MEMBERSHIP

Chairperson	Colin Weatherall
Deputy Chairperson	Cr Andrew Noone
Members	Colin Lind

Senior Officer Kevin Mechen, Secretary, District Licensing Committee

Governance Support Officer Lynne Adamson

Lynne Adamson

Governance Support Officer

Telephone: 03 477 4000

Lynne.Adamson@dcc.govt.nz

www.dunedin.govt.nz

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

District Licensing Committee

21 September 2016

Part A Reports

Report for Opposed On-Licence Renewal - Branson's 2014 Limited

Department: Customer and Regulatory Services

APPLICATION DESCRIPTION

Applicant’s Name:	Branson’s 2014 Limited
Site Address	91 St Andrew Street
Trading Name:	Branson’s
Style of Licence	On-licence - tavern
Risk Rating	High
Application Number	ON-31-2014
Date received by Council	12 July 2016

EXECUTIVE SUMMARY

1 This is a report for an application for a renewal of an on-licence. The criteria found at section 131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.

2 The applicant does not seek any changes to the licence.

3 Public notification of the application did not attract any public objections. The Police has opposed this application while the Medical Officer or Health and Licensing Inspector have submitted adverse reports.

APPLICANT AND APPLICATION

Applicant

4 The applicant is a company with a sole director and shareholder, Leslie Ronald Scott. The licence was first issued on 13 July 2015. This is the first renewal of the licence.

5 The premises has accommodation upstairs but the licence does not cover the area therefore it is treated as a tavern.

6 The trading hours are Monday to Sunday 8.00 am to 3.00 am the following day. The premises cannot open on Good Friday, Easter Sunday, Christmas Day or before 1.00 pm on Anzac Day unless the person is present on the premises to dine.

7 The area of the premises that has the gambling machines is designated a restricted area, while the rest of the premises is designated a supervised area.

8 The applicant had failed to keep the Fire Evacuation Scheme current but the Fire Service has followed this up with the applicant and the matter is resolved. This is no longer an issue.

EXTERNAL REPORTS

Police:

9 The Police reported that on 25 June 2016 the premises was visited for a compliance check after the New Zealand v Wales rugby test. The premises was busy with the duty manager working behind the bar serving the queues of patrons. There was one other staff member with the licensee working in the kitchen. There was no door staff present.

10 They found several groups of intoxicated people present and the tables were covered with empty bottles and glassware. The duty manager was shown the people and he agreed they were becoming intoxicated and would take action.

11 One of the Police present went to speak with an intoxicated person. The licensee intervened stating he knew the person and would look after him. Inquiries revealed he had an arrest warrant and Mr Scott appeared to be trying to ‘deflect’ Police attention away from the arresting person.

12 When spoken to about the level of intoxication in the premises, Mr Scott said he never has door staff and didn’t see the need for it, even on busy nights.

13 At the re-licensing visit in July, Mr Scott reiterated that he did not need security on busy nights and that he could cope with two or three staff.

14 The Police do not believe the applicant complies with section 105(j) of the Act in that he does not have the staff, training or systems to comply with the Act on high demand evenings.

Medical Officer of Health:

15 While the Medical Officer of Health has not opposed the application they have submitted an adverse report. The MOH recommends the applicant revises their current staffing and systems for managing the premises at high demand times, for example, when a large event is in town. They further recommend a hearing is held so the applicant can explain to the Committee the staffing and other systems in place at the premises.

Licensing Inspector:

16 The Licensing Inspector reiterates that the applicant does not appear to comply with section 105(j) of the Act which requires the applicant to have appropriate systems, staff and training to comply with the law. On the night of the rugby test the Police found the premises insufficiently staffed to deal with the people present which led to people becoming intoxicated and able to remain on the premises.

17 The Inspector also noted on the application that the applicant wanted the premises to be undesignated except for the gambling area which is to remain a restricted area. The Inspector has commented that it is more appropriate for the premises, with the exception of the gambling area, to be designated a supervised area.

CONCLUSION AND CONDITIONS

18 The applicant was found to have insufficient staff present on a very busy night which led to people becoming intoxicated and remaining on the premises. Empty bottles and glassware had not been removed from tables. The indication is that the applicant does not have sufficient staff to deal with busy nights.

19 The hearing is an opportunity for the applicant to explain his processes and staffing to deal with busy nights.

Signatories