Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
16 June 2017
Time: 10.00
am Public Agenda
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – PLATO
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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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David Benson-Pope
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Peter Burrows
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Wayne Idour
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Colin Lind
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Tanya Surrey
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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
16 June 2017
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Part
A Reports
Report for On-licence Renewal,
"Plato", 2 Birch 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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Plato Catering Limited
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Site Address
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2 Birch Street, Dunedin
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Trading Name:
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Plato
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Style of Licence
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Restaurant
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Application Number
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ON-5276-2006
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Date received by Council
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30 October 2015
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EXECUTIVE SUMMARY
1 This is a
report for an application for the 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 There were
objections received after public notification. Neither the Police nor
Medical Officer of Health opposed this application, however, the Licensing
Inspector has raised matters in opposition to this application.
APPLICANT AND APPLICATION
Applicant
4 The applicant
company, Plato Catering Limited, has a sole director and shareholder, Mr Nigel
Broad. The premises is owned by Schoolhouse Productions Limited of which
Mr Broad is the sole director and shareholder.
5 The
premises was first licensed in 2002 when it was established as a café
and restaurant with an occupancy of 50 people. At the 2006 renewal the
applicant asked to redefine the area of the premises but at the time the
required building work had not been completed. Under the former Sale of
Liquor Act 1989 redefinition of a premises did not attract a fee so the licence
was renewed with emphasis being placed on the fact the new area could not be
used until it was included in the defined licensed area.
6 In 2007
the building work was completed. As part of the final building consent
approval a Fire Design Report was requested. The applicant was sent a
copy on 24 August 2007 and stamped as received by the Dunedin City Council in
November 2007. The report states the occupancy of the various parts of
the premises to be:
a) Ground floor
restaurant 50
b) Ground floor
billiards room 20
c) First floor
bar 25
d) Office and
staff facilities
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The premises also has an apartment on the first floor but no
occupancy number was provided for this area.
7 The applicant
applied to surrender the original resource consent for his business so that it
now sat within the harbour side zone. This removed the limitation on the
numbers of people he could have at the site in the District Plan.
opposition
8 The
public notice of the renewal did not attract any opposition.
9 At the
time the application was circulated to the reporting agencies there was no
opposition from the Police or Medical Officer of Health.
10 At the time of the
interview with the applicant’s agent, he said the building occupancy was
250 for the downstairs billiard room, 56 seated guests in the restaurant and
45-50 for the upstairs bar.
11 The Inspector
confirmed with the Building Compliance Officer (BCO) that this number was
excessive. The BCO sent a letter to the applicant dated 20 January 2016
advising they were required to adhere to the capacity numbers as stated on the
Fire Design Report.
12 The Inspector is
aware the advice is not being adhered to and the numbers are regularly being
exceeded. The Inspector is concerned for the safety of those using the
premises and doubts the suitability of a licensee who continually exceeds the
maximum occupancy as advised by the BCO.
13 There have been
numerous attempts to resolve the issue since early 2016.
14 It is understood the
applicant is working with the Fire Service to resolve the issues.
15 The Inspector was
dealing with the named person during this process and not Mr Broad. It is
assumed the named person has the authority of the applicant and is relaying
information when there are issues such as in this case. The person has
since left the applicants employment.
CONCLUSION AND CONDITIONS
Conclusion
16 The Committee has
stated in the past that patron safety will not be compromised in any matter
dealt with by them.
17 The applicant is
compliant with all areas required to be considered except for his
suitability. The building occupancy has been determined by a Fire
Engineer and recorded in a Fire Design Report. Until a new Fire Design
Report is submitted and accepted the occupancy stands.
18 The applicant is
working to resolve the issues and these may be presented on the day of this
hearing to assist the decision making process.
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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Application
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8
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b
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Supporting Information
for Renewal
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19
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c
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Police and MoH Reports
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31
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d
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Licensing Inspector's
Report
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38
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e
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Renewal Timeline
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44
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f
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Fire Design Report -
August 2007
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48
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g
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Surrender of Resource
Consent document
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55
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h
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Copies of Previous
Documentation re Occupancy
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60
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i
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Copies of Emails,
Letters, etc
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64
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j
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Public Notices
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126
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