Notice of Meeting:

I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:

 

Date:                             Wednesday 11 October 2017

Time:                            9.30 am

Venue:                          Edinburgh Room, Municipal Chambers,

                                      the Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

District Licensing Committee

PUBLIC AGENDA

 FC TRADING LIMITED T/A FRESH CHOICE ROSLYN

 

MEMBERSHIP

 

Chairperson

Colin Weatherall

 

Deputy Chairperson

Andrew Noone

 

Members

Colin Lind

 

 

 

 

 

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.

 


District Licensing Committee

11 October 2017

 

 

 

ITEM TABLE OF CONTENTS                                                                   PAGE

 

1        Apologies                                                                                                  4

2        Confirmation of Agenda                                                                              4     

Part A Reports (Committee  has power to decide these matters)

3          Report for Off-licence Renewal, Fresh Choice Roslyn, 279 Highgate, Dunedin – From Secretary, District Licensing Committee                                                          5             

 

 


District Licensing Committee

11 October 2017

 

 

 

1     Apologies

At the close of the agenda no apologies had been received.

2     Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.

    


District Licensing Committee

11 October 2017

 

 

Part A Reports

 

Report for Off-licence Renewal, Fresh Choice Roslyn, 279 Highgate, Dunedin – From Secretary, District Licensing Committee

Department: Customer and Regulatory Services

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

FC Trading Limited

Site Address

279 Highgate, Dunedin

Trading Name:

Fresh Choice Roslyn

Style of Licence

Off-licence – Supermarket

Application  Number

OFF-6366-2006

Date received by Council

25 March 2015

EXECUTIVE SUMMARY

1      This is a report for an application for a renewal of an off-licence for “Fresh Choice Roslyn”, 279 Highgate, Dunedin.  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.

3      The application had been placed on hold pending the outcome of High Court appeals regarding the single alcohol areas in supermarkets.  The appeals have been released but the applicant in this matter has not followed the lead of other premises in the district and is still not considered complaint by the reporting agencies.

4      There have been no public objections but the three reporting agencies have opposed the renewal of the off-licence.

APPLICANT AND APPLICATION

Applicant

5      FC Trading Limited has held the licence for the premises since 2005 when the supermarket first opened at this location. 

6      A floor plan showing the premises layout and location of the required single alcohol area was submitted two weeks after the application after being requested by the Licensing Inspector.  The layout did not meet the approval of the Medical Officer of Health or the Inspector but because there were appeals before the High Court they recommended the matter be held until the result of the appeal was released.

7      The applicant continued to trade without restricting the alcohol display areas.

8      In March 2016 the Inspector was asked to visit the premises by the applicant to view proposed changes to the alcohol area.  The Inspector noted the alcohol area had not been changed to comply with the plan submitted in April the previous year: the alcohol was still positioned as it was when the premises opened in 2005 and alcohol continued to be displayed at various other locations within the store.

9      The applicant was asked for a proposed floor plan to be submitted by 31 May 2017 that met with the approval of the reporting agencies.  A plan was submitted on 29 June 2017.  This was circulated to the reporting agencies and they have indicated they still have concerns.  The applicant was advised the matter would be referred to a hearing.

PUBLIC NOTICE

Objections

10    Public notice of the renewal application did not attract any objections.

Reporting Agencies

11    Police: The Police did not raise any matters of concern to the renewal.  However, subsequent to the High Court decision being released, they have indicated their concerns at the layout of the single alcohol area proposed.

12    Medical Officer of Health: The Medical Officer of Health (MOH) opposed the renewal because they believed the store did not meet the requirements of section 112(1) of the Act in that it did not limit, so far as reasonably practicable, the exposure of shoppers to displays and promotions of alcohol.  In particular, the use of the end of aisles for alcohol displays was contrary to the limitation of alcohol exposure to the customers.

13    Licensing Inspector: The Inspector commented in his report that the applicant continued to trade without restriction because the application was yet to be determined had still had alcohol displayed in various parts of the store.  Comment was made that the plan submitted appeared to satisfy the requirements of the Act, albeit with ends of aisle displays.  An appeal of a decision that restricted end of aisle displays was before the High Court.

additional information    

14    In April 2016 a second plan was submitted by the applicant.  The Inspector commented that the store layout had not been changed to reflect the plan submitted with the renewal application and the second plan still contained elements of the first, that is, there was still end of aisle displays.

15    The premises was changed around but alcohol was still clearly in peoples view and adjacent to commonly purchased items.  This was brought to the attention of the applicant and some minor changes were made.

16    In November 2016 the High Court released their decision (CA37/2016 [2016] NZCA 539, J & C Vaudrey Limited).  A copy was sent to the applicant who subsequently forwarded a third plan for their store.  The reporting agencies advised they still did not believe the store met the requirements of the Act.

CONCLUSION 

17    The applicant provided a floor plan to accompany the renewal application in 2015.  In 2016 the Inspector was invited to the premises to look at a proposed change and found there had been no change to comply with the plan submitted a year earlier.

18    The premises did undergo some changes to the layout in 2016 but it was still found to be non-complying.

19    A third plan was provided and circulated to the reporting agencies.  They replied that they did not feel the premises met the requirements of the Act.

20    The applicant will need to convince the Committee that their proposal does meet the requirements of the Act so the licence can be renewed.

21    The delay in getting the matter before the Committee is a result of the waiting for the appeal decision to be released by the High Court.  The applicant, unlike the other supermarkets in the district, did not make the changes indicated by the Authorities and after prompting from the Committee, submitted a plan that is still considered non-compliant. 

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Renewal Application

8

b

Host Responsibility/Risk Assessment

17

c

Floor Plan submitted 2015

24

d

Floor Plan submitted 2016

25

e

Floor Plan submitted 2017

26

f

Police 2015 Report

27

g

Medical Officer of Health 2015 Report

28

h

Licensing Inspector 2015 Report

33

i

Licensing Inspector 2016 Memo

37

j

Police email to Licensing Sgt voicing concern (incl images)

38

k

Applicant 2017 Plan and Agency Responses (email)

43

l

Public Notices

48

m

Misc. Correspondence

52

n

High Court Appeal Decision: Vaudrey

76

  


District Licensing Committee

11 October 2017

 

 

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