Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Monday
21 August 2017
Time: 9.30
am
Venue: Ex
National Bank Premises, 11 George Street, Dunedin
Sue Bidrose
District Licensing Committee
COMMITTEE AGENDA
SUPER LIQUOR – OPPOSED
NEW OFF-LICENCE
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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
21 August 2017
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Part
A Reports
Report for New Off-licence, 695 Great King
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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McCarthy Enterprises Limited
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Site Address
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695 Great King Street,
Dunedin
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Trading Name:
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Super Liquor Dunedin
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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-5-2017
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Date received by Council
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26 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 is establishing a new off-licence in the former McDuffs Brewery site.
The application is accompanied by a Planning Certificate and Building
Compliance Certificate advising the premises meets the requirements of the
Resource Management Act, Dunedin’s District Plan and the Building Code.
3 An
objection from the University of Otago has been received. The University
is considered to have an interest greater than the public generally and is
therefore a valid objection. All of the reporting agencies have opposed
this application.
APPLICANT AND APPLICATION
Applicant
4 The
applicant company, McCarthy Enterprises Limited, is owned and operated by
William and Patricia McCarthy. They also own Mosgiel Super Liquor and
Super Liquor Andersons Bay.
5 Mr and
Mrs McCarthy are also the Directors and Shareholders of Jethro Holdings Limited
and MJ Enterprises Limited which operate Super Liquor Kaikorai and Quicker
Liquor respectively.
6 Super
Liquor Dunedin used to be situated at 5 Malcolm Street, Dunedin, but this
premises was forced to close when the building was sold and their lease not
renewed by the owner. At about the same time the owners of McDuffs
Brewery decided to cease operations and this provided the opportunity for
McCarthy Enterprises Limited to re-establish to that location.
7 The
applicant’s companies have been before the Authority for sales to minors
in the past with the last breach being in 2015.
8 The
applicant is seeking to trade Monday to Sunday, 9.00 am to 10.00 pm.
PUBLIC NOTICE
9 Public
notice of the application attracted an objection from the University of
Otago. They are considered to have an interest greater than the public
generally. The reasons for their opposition are:
a) Object of
the Act: The premises will sell alcohol to a large student population
living in the area. Research has demonstrated students drink more heavily
than their non-student peers.
b) Suitability
of the applicant: The applicant has a history of breaches of the
Act. The location has a ‘high density’ of alcohol outlets, a
large population of young people and a high rate of alcohol-related harm.
The applicant’s history suggests they are not suitable to operate at this
location.
c) Days and
hours: Consider the proposed hours to be excessive at this location.
d) Amenity and
good order: Granting this licence would mean the range and amount of
alcohol available in this locality would increase and this would likely reduce
the amenity and good order of the locality.
e) Not
desirable to issue further licences: The University does not believe
this can be treated as the relocation of a premises. However, if the
Committee considered it was a relocation, this location is closer to the main
body of student residential activity than the previous premises and therefore
will increase the potential for problems to arise.
agency opposition
10 The three reporting
agencies have opposed the grant of this licence.
Police
11 The Police have
considered the criteria detailed in section 105 and have opposed the
application for the following reason:
a) Object of the
Act: they believe there is a large number of alcohol-related offending in a
residential area. The Police suggest allowing a new off-licensed premises
in this area will not minimise alcohol-related harm.
b) Suitability of
the applicant: reference is made to Authority decision PH 361-67/2016 which
details undertakings made by the applicant regarding training of staff.
The Police do not believe the undertakings have been complied with and
therefore the applicant’s suitability is questioned.
c) Amenity and
good order: the Police have suggested that the area of the proposed premises in
neither pleasant nor agreeable and another off-licensed premises in the area
will add to the problems. They state there is a direct correlation
between alcohol consumed away from licensed premises and alcohol-related harm.
Medical Officer of
Health
12 The Medical Officer
of Health (MOH) has opposed the application for the following reasons:
a) Object of the
Act: similar grounds as above but in particular the vulnerable nature of the
community surrounding the proposed premises.
b) Amenity and
good order: similar to the Police
c) Staff and
training: the undertaking made to the Authority referred to by the Police was
considered by the MOH. They found that while the applicant has stated
some action had been taken, it was unclear whether or not the undertaking had
been complied with generally and therefore they could not be sure about the
training processes used by the applicant. If the undertakings have not
been complied with the MOH also questions the suitability of the applicant.
Licensing Inspector
13 The Licensing
Inspector has supported the positions of both the Police and MOH. The
Inspector has made the following additional comments:
a) There are
three off-licensed premises within 200m of the proposed premises:
i. Super Liquor Cumberland
ii. Meenans Wines and
Spirits
iii. Baaa Sports Bar and Cafe
CONCLUSION
14 This application has
attracted opposition from the University of Otago and the three reporting
agencies with the areas of concern relating to:
a) The object of
the Act
b) Suitability of
the applicant
c) Days and hours
d) Amenity and
good order of the locality
e) Systems, staff
and training.
15 This hearing will be
required for the applicant to satisfy the Committee on the points mentioned.
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 Application
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8
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b
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Host Repsonsible Policy
/ Risk Mitigation Report
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20
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c
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Public Notices
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22
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d
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University of Otago
Objection
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27
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e
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Police Opposition
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29
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f
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Medical Officer of
Health Opposition
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34
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g
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Licensing Inspector Opposition
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40
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h
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Miscellaneous Papers
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45
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