Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Thursday
20 July 2017
Time: 9.30
am
Venue: Edinburgh
Room, Municipal Chambers, the Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – KSK PVT
LIMITED
T/A THE BOTTLE O
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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
20 July 2017
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Part
A Reports
Report for Off-licence, "Bottle O",
72 Princes 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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KSK PVT Limited
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Site Address
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72 Princes Street, Dunedin
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Trading Name:
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Bottle O
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Style of Licence
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Off-licence – bottle
store
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Application Number
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OFF-3-2017
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Date received by Council
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3 May 2017
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EXECUTIVE SUMMARY
1 This is a
report for an application for a new off-licence. The criteria found at
section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this
application.
2 The
applicant has bought the business and has asked for the same conditions as the
previous licence.
3 There
have been no public objections made to this application. However, the Police
and Medical Office of Health have raised matters in opposition and these have
been supported by the Licensing Inspector.
APPLICANT AND APPLICATION
Applicant
4 The
applicant company, KSK PVT Limited, has a sole director and shareholder.
He has not held an alcohol licence in the past but has worked in off-licensed
premises.
5 The
premises is situate on the corner of Princes Street and Moray Place which is in
the Central Activity Zone where the sale of alcohol is a permitted activity;
the application is accompanied by a Planning Certificate advising the premises
meets the requirements of the Resource Management Act and the District Plan.
6 There is
also a Building Compliance Certificate with the application.
7 The
applicant does not seek any variance from the current licence.
PUBLIC NOTICE
8 The
public notice did not attract any opposition from the community. However,
the reporting agencies have raised matters in opposition.
Police
9 The
Police report arrived outside the reporting period in error. The
Licensing Inspector has indicated the Police will be called as a witness if
required.
10 While the applicant
has not owned a premises before he does have experience in off-licensed
premises. There were enforcement issues with the previous licensee that
the applicant is aware of and because of that he has only retained one of the
previous staff. The Police do not have any issue with the
applicant’s suitability.
11 The concern of the
Police is with the amenity and good order of the locality. Their evidence
indicates significant alcohol-related offending near this premises and the
amount of broken glass, discarded bottle and cans in the immediate area
indicates to the Police that this premises contributes to the poor amenity and
good order of the area.
12 The Police refers to
section 105(1)(i) of the Act which refers to the granting of the licence
unlikely to make the amenity and good order worse in the area but it would be
undesirable to issue any further licenses.
Medical Officer of Health
13 The Medical Officer
of Health’s Delegate comments on the well-known existing amenity and good
order issues in the central city. They comment that if this was an
application for a new premises it would be strongly opposed however this is an
existing premises that is undergoing a change of ownership where previously it
was the behaviour of the licensee that was the cause of concern. It is
considered the new operation is likely to be an improvement on the previous
situation.
14 The concern
expressed relates to the amenity and good order of the surrounding area and the
body of evidence of the adverse impact by licensed premises in in this area of
Dunedin.
Licensing Inspector
15 The Licensing
Inspector notes the issues with the previous licensee related to serving people
under the age of 18 years and intoxicated people.
16 The store is in a
high risk area and requests the default national closing time of 11.00
pm. The Inspector suggests a precautionary approach is taken with respect
to the closing time and should be consistent with the other inner city bottle
stores.
17 The Inspector defers
to the knowledge of the Police and Medical Officer of Health with regard to the
amenity and good order matters. It is recommended this hearing will allow
those agencies expand on their evidence for the Committee to consider.
CONCLUSION
Conclusion
18 This application
results from the change of ownership of an existing off-licence in the central
city. There were issues when it was operated by the previous licensee but
there is no indication how the applicant is managing the premises.
19 The applicant has
not previously owned a premises but has experience working in them as a duty
manager. His suitability has not been raised as a matter of concern.
20 The closing time
requested is the default national time of 11.00 pm. It has been suggested
a precautionary approach is adopted and for this premises to have a consistent
closing time with other bottle stores in the area.
21 The Police believe
the premises contributes to the poor amenity and good order of the locality.
22 The Committee will
need to consider the evidence presented and then, if it is of a mind to grant
the licence, decide on appropriate conditions.
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
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23
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c
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Planning and Building
Certificates
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34
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d
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Fire Service approval
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39
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e
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Medical Officer of
Health Delegate's Report
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40
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f
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Police Opposition
Letter
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45
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g
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Licensing Inspector's
Report
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47
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h
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Public Notices
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51
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