Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Thursday
6 July 2017
Time: 10.00
am
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – LANE
GROUP LIMITED
T/A REGENT NIGHT ‘N DAY
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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
6 July 2017
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Part
A Reports
Report for off-licence renewal, "Regent
Night n Day", 2 Regent Road, Dunedin – From Secretary, District
Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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Lane Group Limited
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Site Address
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2 Regent Road, Dunedin
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Trading Name:
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Regent Night ‘n Day
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Style of Licence
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Off-licence - grocery
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Application Number
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OFF-2975-2006
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Date received by Council
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15 March 2017
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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. The inspector
considers that the sale and supply of alcohol under these conditions are
consistent with the purpose of the Act and meets the criteria at section 131.
3 The
University of Otago sent a letter stating they were aware there were no grounds
for objection but asked the District Licensing Committee (DLC) to do “all
in its power to address density and opening hours of liquor outlets located in
or in close proximity to the “student zone” in North
Dunedin”. The Licensing Inspector suggests this should be
considered a public objection because it covers the points required to be considered
by the Committee.
4 The
Medical Officer of Health and Licensing Inspector both oppose the renewal of
the licence because the required sales data has not been supplied and the
Inspector comments that the premises now has a large emphasis on confectionary
making it more of a convenience store than grocery store. The Inspector
also notes that the store also opens on every day of the year which is not an
option available to grocery stores.
APPLICANT AND APPLICATION
Applicant
5 The Lane
Group Limited has been licensed to sell alcohol since 1996 when their first
licence was granted by the Liquor Licensing Authority (LLA).
6 In 2011
an application to renew the licence was considered by the LLA after it was
opposed by agencies because they considered the premises to be a dairy (O J
and S A Cameron Limited and Lane Group Limited, [2011] NZLLA PH
1207-1208). In this instance the Authority stated that, “The
immediate impression was that of a small grocery store.” The
licence was renewed.
PUBLIC NOTICE
7 The
renewal application was publicly notified in the Otago Daily Times and a notice
was placed on the front of the premises.
Objections
8 While not
an objection per se the University of Otago’s Vice Chancellor sent a
letter stating that while they had no grounds for objection they implored the
DLC to do all in its power to address the density and opening hours of liquor
outlets in or close to the “Student Zone” in North Dunedin.
The letter was received within the 15 working days.
reporting agencies
9 The Police
did not raise any concerns.
Medical Officer of Health
10 Medical Officer of
Health: Opposed the renewal because the data supplied did not meet the
requirements of the legislation therefore they were not in a position to
comment on whether the premises was a grocery store or otherwise.
11 The legislation
requires that the Committee have regard to “a statement of the annual
sales revenues (or projected sales revenues) of the premises produced in
accordance with any regulations in force under this Act prescribing what
information such statements must contain and how it must be set out.”
12 The sales revenues
were supplied for one month only, that being February 2017, and not a full year
nor were they certified by a chartered accountant as required. There were
certified sales figures for a full year but they were not categorised as
required.
Licensing Inspector
13 The Licensing
Inspector opposes the renewal for the following reason:
a) A plan of the
intended single alcohol area was not submitted with the application –
section 112(3) of the Act states that at the renewal of an off-licence for a
supermarket or grocery store the single area condition imposed at the grant of
the licence, or the latest renewal, expires. A new plan is required in every
instance so the single area can be confirmed.
b) The
“Risk Mitigation Community Policy” is inadequate. It is a
copy of the “Sale of Liquor Policy” with the addition of a
statement regarding a reduction in liquor trading hours.
c) The absence of
certified annual sales revenues in the required format.
d) The size,
layout and appearance of the premises has been changed since the last renewal
and now resembles a convenience store rather than a grocery store.
e) The premises
opens every day of the year, albeit without the sale of alcohol on the
sacrosanct days of Good Friday, Easter Sunday, Christmas Day and before 1.00 pm
on Anzac Day. The Shop Trading Hours Act 1990 gives details of the types
of premises that can trade on the prohibited days. The employment.govt.nz
website lists dairies as a premises that can trade, but not grocery stores.
CONCLUSION AND CONDITIONS
14 The application is
not accompanied by the required certified, annual sales revenues because it is
done manually and would have taken too long to have the data available for the
agencies in the time requested. There is no accompanying plan of the
store showing the single alcohol area.
15 The legislation has
changed and the Committee will need to consider the information presented by
the parties.
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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Attachments
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Title
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Page
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a
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Licence Renewal
Application
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8
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b
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Sales Data
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20
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c
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Letter from University
of Otago
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22
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d
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Reporting Agency
Reports
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23
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e
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Miscellaneous emails
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34
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f
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Public Notices
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36
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