Notice of Meeting:

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

 

Date:                             Monday 30 October 2017

Time:                            9.30 am

Venue:                          Edinburgh Room, Municipal Chambers,

                                      the Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

District Licensing Committee

PUBLIC AGENDA – RATBAGS, INNOCENT BYSTANDER

 

MEMBERSHIP

 

Chairperson

Colin Weatherall

 

Deputy Chairperson

Andrew Noone

 

Members

Peter Burrows

 

 

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

30 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 On-licence Renewal of "Ratbags, Innocent Bystander", 11 The Octagon, Dunedin – From Secretary, District Licensing Committee                                   5             

 

 


District Licensing Committee

30 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

30 October 2017

 

 

Part A Reports

 

Report for On-licence Renewal of "Ratbags, Innocent Bystander", 11 The Octagon, Dunedin – From Secretary, District Licensing Committee

Department: Customer and Regulatory Services

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

Ratbags Limited

Site Address

11 The Octagon, Dunedin

Trading Name:

“Ratbags, Innocent Bystander”

Style of Licence

Tavern

Application  Number

ON-5-2010

Date received by Council

11 May 2017

EXECUTIVE SUMMARY

1      This is a report for an application for a renewal of an on-licence for the premises situated at 11 The Octagon, Dunedin, and known as “Ratbags, Innocent Bystander”.  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      There have been no public objections received but all of the reporting agencies have submitted adverse reports. 

APPLICANT AND APPLICATION

4      The applicant took over the premises in 2010 with the area known as “Ratbags” being operated on the ground floor while “Innocent Bystander” occupies the first floor and is accessed from Lower Stuart Street as well as an internal stairway.  There is free movement of patrons between the two areas.

5      During the day the premises focus is the provision of food.  Later in the day/evening the premises becomes more of a tavern with entertainment.

6      The applicant, under a different entity, is the licensee of another bar in the Octagon.

7      When there are large events in the city the applicant obtains special licences to allow them to run ‘tent villages’ in the Octagon.

8      The suitability of the applicant has not been challenged.

PUBLIC NOTICE

9      The public notice of the intention to renew the licence did not attract any opposition.  However the three reporting agencies, the Police, Medical Officer of Health and Licensing Inspector have all raised similar matters in opposition.

a)     The two areas are distinct bars with their own entrances.  The applicant has one duty manager covering both areas.  The agencies believe the areas cannot be adequately supervised by one person, especially on the busy Thursday, Friday and Saturday nights, and recommend two duty managers being employed at those busy times.

b)     Ratbags uses the area in front of the premises in the Octagon pursuant to the Commercial Use of Footpaths Policy and allow patrons to consume alcohol there by agreement.  However, the area is not part of the licensed premises therefore the applicant is breaching the conditions of their licence by allowing people to remove alcohol from the licensed area.  The Octagon is in the alcohol ban area so patrons are also in breach of that bylaw.

c)     The agencies highlight the amount of alcohol-related harm in the area and its effect on the amenity and good order of the locality.  They recommend a 3.00 am one-way door would assist in reducing that harm.  Some of the premises in the Octagon have one-way door policies imposed and they believe consistency would be of value in the area.

10    The agencies refer to ‘other’ premises in the area with one-way door policies being imposed and in the absence of a Local Alcohol Policy, their recommendations would allow consistency in the area.

CONCLUSION AND CONDITIONS

11    The application is for a premises that has been operating for the past seven years without issue.  However, the premises does not have a one-way door policy similar to those that has been imposed on other premises in the area at either renewal time or when the licence has been granted. 

12    The outside area of a premises recently licensed was included in the defined area.  This means the licensee is required to have greater control of the area and removes any suggestion of legislative breaches.

13    The applicant has advised that they do have two duty managers present in when they are busy with one positioned in each of the bars. 

14    The matter has been set to be heard on 30 October 2017.

 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

Ratbags Renewal Application

8

b

Host responsibility & Risk Mitigation Report

15

c

Premises Menu

17

d

Fire Service Approval

19

e

Police Opposition Letter

20

f

Medical Officer of Health Report

22

g

Licensing Inspector Report

29

h

Applicant's Response to Opposition

32

i

Public Notices

34

  


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30 October 2017

 

 

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