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: Friday 12 May 2017

Time: 10.00 am

Venue: Edinburgh Room, Municipal Chambers,

the Octagon, Dunedin

Sue Bidrose

Chief Executive Officer

District Licensing Committee

PUBLIC AGENDA

MEMBERSHIP

Chairperson	Colin Weatherall
Deputy Chairperson	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

12 May 2017

Part A Reports

Report for Opposed Off-licence renewal, 281 brockville Road, Dunedin – from Secretary, District Licensing Committee

Department: Customer and Regulatory Services

APPLICATION DESCRIPTION

Applicant’s Name:	Zandra and Greg Davis Limited
Site Address	281 Brockville Road, Dunedin
Trading Name:	Brockville Four Square
Style of Licence	Off-licence (Grocery)
Application Number	OFF-4-2014
Date received by Council	17 June 2015

EXECUTIVE SUMMARY

1 This is a report for an application for the renewal of an off-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 There were no public objections nor was there any adverse report from the Police or Medical Officer of Health. However, the Licensing Inspector has noted the principal business, as highlighted by the breakdown of sales at the premises, is the sale of tobacco. This being the case the premises cannot be described as a grocery store and therefore cannot have the licence renewed.

4 There has been a delay in the processing of this application because of similar matters in other parts of the country being appealed. Dunedin has been awaiting the results of those appeals before proceeding.

APPLICANT AND APPLICATION

Applicant

5 The Applicant company has had the premises since 2014 when they took over an existing business. In the time they have had the premises there have not been any compliance issues. There is no issue with the suitability of the Applicant.

6 At the time the license was issued the sale figure breakdown indicated the sale of tobacco as being the main source of income for the store however the licence was issued because in every respect, with the exception of sale turnover, the store is a typical suburban grocery store. The cost of tobacco distorts the view of the business.

7 Brockville is a well-defined hill suburb with a predominantly low socioeconomic status. The Applicant’s store is the only grocery store in the area.

PUBLIC NOTICE

8 The public notice was in the Otago Daily Times twice and a notice was placed on the front of the premises. No objection has been received.

reporting agencies

9 Neither the Police nor Medical Officer of Health submitted adverse reports.

10 The Licensing Inspector has noted there are no issues relating the suitability of the applicant however the sales figures supplied when requested indicate the principal business of the store is the sale of tobacco:

Food Products	28.64%
Alcohol	7.06%
Tobacco	39.50%
Convenience Foods	12.00%
Other Items	12.80%
Total	100.00%

Dollar values have been omitted for privacy of Applicant

11 In Medical Officer of Health v Uday Investments Limited [2016] NZARLA 486 the Authority said,

“Notwithstanding that in all other respects the premises resemble a grocery store; the assumption that the premises are a grocery store based on their appearance is rebutted by the principal business not being food products.”

conclusion

12 In every respect this premises is a grocery store but sales figures indicate otherwise. This is a result of the price of single units of tobacco when compared to every day food items.

13 The Committee will need to be cognisant of ARLA’s direction through available case law while listening to the arguments offered by the Applicant.

` Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments