Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Monday
7 August 2017
Time: 9.30
am
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA
SUPER LIQUOR ANDERSONS BAY AND
KAIKORAI VALLEY AND QUICKER LIQUOR
POSTPONED FROM 25 JULY 2017
WILL NOW BE HELD ON 7 AUGUST 2017
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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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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
25 July 2017
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Part
A Reports
Report for Opposed Off-licence Renewals: Super
Liquors Andersons Bay and Kaikorai Valley and Quicker Liquor – From
Secretary, District Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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McCarthy Enterprises Limited
Jethro Holdings Limited
MJ Enterprises Limited
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Site Addresses:
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500 Andersons Bay Road,
Dunedin
185 Kaikorai Valley Road,
Dunedin
384 George Street, Dunedin
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Trading Names:
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Super Liquor Andersons Bay
Super Liquor Kaikorai Valley
Quicker Liquor
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Style of Licence
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Bottle Store
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Application Numbers
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OFF-7179-2006
OFF-1-2013
OFF-11-2012
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Dates received by Council
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3 March 2017
13 February 2017
2 May 2017
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EXECUTIVE SUMMARY
1 This is a
report for applications for the renewal of three off-licensed premises.
The licensees for each are different companies but each has the same directors
and shareholders, Kenneth William McCarthy and Patricia Margaret
McCarthy. The criteria found at section 131 of the Sale and Supply of
Alcohol Act 2012 (the Act) apply to these applications.
2 The
applicant seeks to reduce the operating hours in two of the premises,
“Super Liquor Andersons Bay” and “Quicker Liquor”. They
do not seek any changes to the third premises. All other conditions are
the same.
3 There
have been no public objections received. However, the Police, Medical
Officer of Health and Licensing Inspector all oppose the renewal of these
licences.
4 The
reasons for the opposition are the same for each application so it is
appropriate that all matters are heard at the same time.
APPLICANT AND APPLICATION
Applicant
5 Mr and
Mrs McCarthy are directors and shareholders of three companies that have four
off-licensed premises. They have had Super Liquor Andersons Bay since
2007 and both Super Liquor Kaikorai Valley and Quicker Liquor since 2013.
The fourth premises is not a matter for this hearing.
6 They also
have an off-licence application for a new premises currently being reported on by
the reporting agencies.
7 There
have been seven enforcement actions taken against the companies owned by Mr and
Mrs McCarthy with each resulting from sales to minors during Police Controlled
Purchase Operations (CPO). A suspension was imposed on each occasion.
8 At this
renewal, the current trading hours for both Super Liquor Andersons Bay and
Quicker Liquor are Monday to Sunday 9.00 am to 11.00 pm. For both of
these the applicants are requesting a reduction to Monday to Sunday 9.00 am to
10.00 pm. No further changes are requested.
PUBLIC NOTICE
9 The
public notices were placed in the Otago Daily Times and on the front of each
premises within the required times. No objections have been received from
the public..
Opposition
10 The two reporting
agencies, Police and Medical Officer of Health, both oppose the renewal of the
licences. This opposition is supported by the Licensing Inspector.
Police
11 The Police
opposition is that they question the suitability of the applicant after they
have, in their opinion, failed to comply with an undertaking ordered by the
Alcohol Regulatory and Licensing Authority (ARLA). A summary of the
undertaking is:
a) To engage a
reputable and independent professional advisor to review their business
operations and management structure
b) Implement any
reasonable advice of the advisor, finances permitting
c) Engage a
reputable hospitality industry educator to provide workplace training to all
staff. this was to be completed by all staff within three months of 18
May 2016
d) Meet with the
“Super Liquor” local Operations Manager within a month of the issue
of the ARLA decision to discuss to Super Liquor Operations Manual and make
changes to comply with the manual.
12 The Police do not
believe the applicant has complied with the undertaking and this reflects on
their suitability to hold alcohol licences.
Medical Officer of Health
13 The Medical Officer
of Health similarly cited the undertaking ordered by ARLA after the hearing of
17 May 2016. Their inquiries revealed some of the undertakings had been
complied with but the detail is insufficient to ascertain whether the applicant
now has appropriate systems, staff and training to comply with the legislation.
14 Because of this
uncertainty they have opposed the renewals so the matters can be discussed
fully at the hearing.
Licensing Inspector
15 The Licensing
Inspector summarised the positions of the two agencies and is in support of the
opposition.
16 The Inspector has
considered the matters required in section 131 and, other than the suitability
of the applicant and whether or not they have appropriate systems, staff and
training, the three premises meets the criteria for renewal.
17 With regards to the
change of trading hours sought by the applicants for two premises, there is not
opposition and should not be a matter for the hearing.
CONCLUSION AND CONDITIONS
Conclusion
18 This hearing will
consider three renewal applications with three different applicants. The
directors and shareholders for each of the companies is the same people.
19 The first matter to
consider is whether or not the applicants complied with the undertakings
detailed in McCarthy Enterprises Limited and MJ Enterprises Limited
and Jethro Holdings Limited and Kitt Enterprises Limited v Police
[2016] NZARLA PH 361-367. The undertakings at [28] of the decision were
made by the applicant to ARLA and not an ‘order’ per se.
However, not complying with such undertakings still raises questions regarding
the suitability of the person/entity making the undertakings.
20 Whether or not there
are appropriate systems, staff and training to comply with the legislation will
be an assessment made during the hearing.
21 The variation to the
trading hours of both Super Liquor Andersons Bay and Quicker Liquor is not
opposed therefore does not need to be considered during this hearing.
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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Application: Super
Liquor Andersons Bay
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9
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b
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Application: Super
Liquor Kaikorai Valley
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20
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c
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Application: Quicker
Liquor
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29
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d
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Host Responsibility
Policy: Super Liquor Andersons Bay
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42
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e
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Host Responsibility
Policy: Super Liquor Kaikorai Valley
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44
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f
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Host Responsibility Policy:
Quicker Liquor
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46
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g
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Opposition Reports:
Super Liquor Andersons Bay
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48
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h
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Opposition Reports:
Super Liquor Kaikorai Valley
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61
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i
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Opposition Reports:
Quicker Liquor
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86
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j
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ARLA Decision: [2016]
NZARLA PH 361-367
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101
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k
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Public Notices
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110
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