Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
23 February 2018
Time: 9.30
am
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA
OFF LICENCE RENEWAL
CAVERSHAM FOUR SQUARE
SUPERMARKET AND LOTTO
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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
23 February 2018
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Part
A Reports
Report for Renewal of Off-licence, Caversham
Four Square Supermarket and Lotto – From Secretary, District Licensing
Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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Caversham Foodmarket and
Lotto Limited
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Site Address
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263 South Road, Dunedin
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Trading Name:
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Caversham Four Square
Supermarket and Lotto
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Style of Licence
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Off-licence - grocery
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Application Number
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OFF-9-2013
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Date received by Council
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20 October 2017
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EXECUTIVE SUMMARY
1 This is a
report for an application for a renewal of an off-licence for the premises
situated at 263 South Road, Dunedin, and known as the “Caversham Four
Square Supermarket and Lotto”. The criteria found at section 131 of
the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.
2 The
Applicant seeks to change the closing time from 11.00 pm to 10.00 pm.
This change is not opposed by the reporting agencies.
3 No public
objections have been received. However, both the Police and Medical
Officer of Health have opposed the renewal and this is supported by the
Licensing Inspector.
APPLICANT AND APPLICATION
Applicant
4 The
premises has only been licensed to sell alcohol since 2013 however the
Applicant also owns the neighbouring “Caversham Liquor” bottle
store. Consideration of the licence application was pursuant to the
former Sale of Liquor Act 1989.
5 At the
first renewal of the licence in 2014, consideration was pursuant to the current
Sale and Supply of Alcohol Act 2012. The agencies opposed the renewal
because they did not believe the required ‘single alcohol area’ was
compliant with the Act. The application was placed on hold because of
appeals covering this matter were made to higher authorities elsewhere in the
country. These matters have not been fully resolved but, because the
licence was due to lapse, it was renewed so the Applicant could continue
trading.
6 The sales
figures that have been supplied by the Applicant do not reflect the changes
made to the Act regarding the excise tax associated with tobacco sales.
The figures are consistent with a grocery store.
7 There
have been no enforcement issues relating to the premises.
PUBLIC NOTICE
8 Public
notice of the renewal did not attract any opposition. The reporting
agencies have, however, renewed their opposition based on the ‘single
alcohol area’ not being compliant.
Objections
9 Medical
Officer of Health: during the premises visit it was noticed that the
alcohol area extended along the back wall and was visible from every
aisle. It is contended that this does not meet the requirement stated in
section 112(1) of the Act which is to “limit (so far as reasonably
practicable) the exposure of shoppers in supermarkets and grocery stores to
displays and promotions of alcohol, and advertisements for alcohol.”
10 Police: the
report submitted by the Police is outside the required 15 day reporting time
but would like their views tabled for the attention of the Committee. It
is not submitted as opposition per se. They also comment on the extent of
the alcohol display but also note the height of the display makes it visible
from the entire premises.
11 Licensing
Inspector: the Inspector commented that the application was not accompanied
by a plan of the store showing the location of the single alcohol area.
Inquiries have determined the plan was originally attached but subsequently
removed in error. The Inspector has the same concerns expressed by the
other two agencies.
CONCLUSION AND CONDITIONS
Conclusion
12 The licence was
renewed late in 2017 with the ‘single alcohol area’ not being
resolved. The application had been placed on hold while appeals before
the Alcohol Regulatory and Licensing Authority, High Court and Court of Appeal
regarding such areas were determined. With each determination there was a
subsequent appeal so there is still no certainty regarding alcohol placement in
supermarkets and grocery stores.
13 The application
meets all other criteria.
14 The Police report
was received outside the reporting period and they have indicated it is not
submitted as opposition per se but for the information of the Committee
only. The points raised are covered by the other agencies.
15 The Committee will
need to consider section 112 of the Act and how it applies to this premises.
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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Renewal Application
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8
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b
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Host Responsibility
Policy
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15
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c
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Risk Mitigation
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16
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d
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Sales Figures
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17
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e
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Floor Plan
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18
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f
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Fire Service - email
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19
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g
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Police - report
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20
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h
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Medical Officer of
Health - report
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21
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i
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Licensing Inspector - report
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26
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j
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Public Notices
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30
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