Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Tuesday
22 August 2017
Time: 9.30
am
Venue: Ex
National Bank Building,
11
George Street, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – stuart
st MACS BREW BAR
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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
22 August 2017
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Part
A Reports
Report for New On-licence, 12 The Octagon,
Dunedin – From Secretary, District Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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DWB Octagon Limited
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Site Address
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12 The Octagon, Dunedin
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Trading Name:
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Stuart St Mac’s Brew
Bar
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Style of Licence
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Tavern
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Application Number
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ON-7-2017
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Date received by Council
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24 March 2017
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EXECUTIVE SUMMARY
1 This is a
report for an application for a new on-licence for the premises situated at 12
The Octagon, Dunedin, and known as “Stuart St Mac’s Brew
Bar”. The criteria found at section 105 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 currently in place at the
premises and on which a temporary authority is based.
3 An
objection from the Regent Theatre has been received. The Theatre is
considered to have an interest greater than the public generally. The
Police and Medical Officer of Health do not oppose the grant of the licence.
APPLICANT AND APPLICATION
Applicant
4 The
applicant company has two director/shareholders, Mark and Nicholas Fraser, with
the Mark Fraser being the main manager for the premises. This is the first
licensed premises owned by the company. They obtained their first
temporary authority to operate the premises from 30 January 2017.
5 The
premises has been continually licensed since 1993 with the last licensee
operating for 15 years. At the last renewal of this licence the area
occupied by the licensee outside the premises was licensed with a limit on the
number of patrons able to occupy the area defined.
6 The hours
sought by the applicant are Monday to Sunday 8.00 am to 4.00 am the following
day. After discussion with the agencies the applicant has considered, and
agreed to, a one-way door being implemented from 3.00 am which would be a
condition on any licence issued. The applicant also sought a
caterer’s endorsement but after discussion with the Licensing Inspector
this was not pursued.
PUBLIC NOTICE
7 The
Regent Theatre has objected to the grant of this licence. The reasons
cited are:
a) The area is
already badly affected by the effects of existing licensed premises which
affect the patrons and operation of the theatre and in particular, the outside
area occupied by the applicant. Patrons of the theatre have reported
being insulted and/or intimidated by people sitting in front of the
applicant’s premises. Businesses in the area find vomit and urine
in their doorways which must be cleaned up before they can open for business.
b) Design and
layout: people attending the theatre are required to walk through patrons
outside the applicant’s premises. They often find the footpath
partially blocked to pedestrian access.
c) The days and
hours: concern is expressed at allowing a premises to trade to 4.00 am which
increases the levels of nuisance and vandalism in an area.
d) Noise from the
venue when they have live performers outside can be heard by those in the
auditorium stalls. It is acknowledged that when approached the bar staff
will reduce the volume.
agency reports
8 The
Police were initially concerned that there was no one-way door policy suggested
in the application. At the end of the meeting with the applicant the
Police were impressed with both the applicant and management structure put in
place.
9 The
Medical Officer of Health has no matters to raise in relation to this
application.
10 The Licensing
Inspector makes the following comment:
a) The Fire
Engineer’s report dated 1 June 2017 gives a maximum occupancy, inside and
out, of 128 people. The applicant is aware of this total and is seeking
amendments to the report but in the meantime, will abide by that maximum.
b) Design and
layout of the external area – a complaint was received in May from a
person having trouble getting past the patrons of the premises. A
discussion was had with the applicant who assured the agencies that they were
aware of the need to maintain that free access along the footpath and would
ensure patrons are kept under control.
c) There have
been no noise complaints since the applicant has taken over the premises but it
is an issue raised by the Regent Theatre.
d) The Licensing
Inspector considers that the amenity and good order of the area will be reduced
by more than a minor extent if this licence is granted.
CONCLUSION
11 While this is an
application for a new licence it is for an existing premises and the applicant
seeks the same conditions as the previous licensee.
12 The applicant has
agreed to a one-way door at 3.00 am and is not pursuing a caterer’s
endorsement at this time.
13 The objection
received from the Regent Theatre covers the amenity and good order of the
locality, design and layout of the premises, and in particular the outside area
and the days and hours of the proposed operation.
14 The hearing will be
an opportunity for the applicant to answer the concerns expressed by the
objector and Licensing Inspector.
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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Host Responsibility
Policy and Alcohol Management Plan
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26
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c
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Premises Menu
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31
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d
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Public Notices
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32
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e
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Regent Theatre
Objection
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36
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f
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Fire Service email
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38
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g
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Medical Officer of
Health Report
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39
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h
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Police Report
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45
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i
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Licensing Inspector's
Report
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47
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j
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Miscellaneous
Correspondence
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54
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