Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Wednesday
31 May 2017
Time: 9.00
am Public Agenda
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA –
SEVENTY-SEVEN LIMITED
T/A LONE STAR café AND
BAR
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Chairperson
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Colin Weatherall
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Deputy Chairperson
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Andrew Noone
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Members
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Colin Lind
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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.
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District Licensing
Committee
31 May 2017
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ITEM TABLE OF CONTENTS PAGE
1 Apologies 4
2 Confirmation
of Agenda 4
Part
A Reports (Committee has power to decide these matters)
3 Report
for On-licence Renewal, "Lone Star Cafe and Bar", 484 George Street,
Dunedin – From Secretary, District Licensing Committee 5
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District Licensing
Committee
31 May 2017
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Part
A Reports
Report for On-licence Renewal, "Lone Star
Cafe and Bar", 484 George Street, Dunedin – From Secretary, District
Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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Seventy-Seven Limited
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Site Address
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484 George Street, Dunedin
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Trading Name:
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“Lone Star Café
and Bar”
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Style of Licence
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Restaurant and Bar
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Application Number
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ON-40-2012
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Date received by Council
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26 January 2017
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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 No public
objections were received and the Police and Medical Officer of Health have not
raised any matter of concern. The Licensing Inspector has pointed out
there have been on-going noise issues relating to the premises.
APPLICANT AND APPLICATION
Applicant
4 The
applicant, Seventy-Seven Limited, is the first licensee at this premises which
was first licensed in 2013.
5 The premises
is located in the ‘Central Activity Zone’ but across the road is
zoned ‘Residential 3’ which includes a motel complex.
6 They have
been made aware of the noise complaints both by way of ‘Excessive Noise
Direction’ being served and contact from the Council’s Environment
Health Officers.
7 The
Inspector advises the applicant has attempted to resolve the noise issues but
complaints are still being received. There is no mention of the control
of noise from the premises in the Host responsibility Policy submitted with the
application.
PUBLIC NOTICE
8 The
Notice of Renewal was displayed at the front of the premises from 1 February to
22 February 2017 inclusive.
Objections
9 There
have been no objections lodged with Dunedin City Council within the objection
period.
10 The Licensing
Inspector has highlighted the noise issues. He said there had been 38
noise complaints between the last renewal and the time of completing his
report. Five of the complaints resulted in Excessive Noise Directions
being issued.
11 The Inspector has
recommended the matter be determined at a public hearing to allow the applicant
to explain what is proposed to minimise the premises impact on the amenity and
good order of the area.
CONCLUSION
Conclusion
12 Section 106(1)(a)(i)
requires the Committee to consider “current, and possible future, noise
levels” when determining the issue or renewal of a licence.
13 In Amber Indian
Restaurant Limited, [2013] NZARLA 887, at [30], the Authority said:
“That does not mean that premises in the central
business district of Auckland are immune from taking appropriate steps to make
sure that noise emanating from their premises does not disturb residents.
It is a matter of balance.”
14 The applicant will
need to give consideration about how they will mitigate the escape of noise in
the future and present this to the Committee.
Signatories
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Author:
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Kevin Mechen - Secretary, District Licensing Committee
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Authoriser:
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Adrian Blair - Group Manager Customer and Regulatory Services
Simon Pickford - General Manager Community Services
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Attachments
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Title
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Page
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a
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Lone Star Application
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7
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b
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Lone Star Host
Responsibility Policy
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14
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c
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Public Notices
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17
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d
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Agency Reports
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22
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e
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Licensing Inspectors
report
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30
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f
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[2013] NZARLA 887,
Amber Indian Restaurant
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33
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