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District Licensing
Committee
18 April 2018
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Part
A Reports
Report for On-licence application, "Joe's
Garage", 21 Frederick 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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Go Fast Hospitality Limited
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Site Address
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21 Frederick Street, Dunedin
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Trading Name:
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Joe’s Garage
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Style of Licence
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Restaurant/Café
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Application Number
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ON-5-2018
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Date received by Council
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12 February 2018
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EXECUTIVE SUMMARY
1 This is a
report for an application for a new on-licence for premises situated at 21
Frederick Street, Dunedin, and to be known as “Joe’s
Garage”. The criteria found at section 131 of the Sale and Supply
of Alcohol Act 2012 (the Act) apply to this application.
2 The
premises was first licensed in about 2004 but has been closed since December
2015.
3 Six
public objections have been duly made. The reporting agencies have not
opposed this application and neither does the inspector.
APPLICANT AND APPLICATION
Applicant
4 The sole
director and shareholder of the applicant company and has extensive experience
in the hospitality industry. He is currently the owner of the “Lone
Star Café & Bar” in George Street.
5 The hours
sought by the applicant are Monday to Sunday 8.00 am to 2.00 am the following
day.
6 The applicant
has indicated that the premises is primarily a restaurant and café with
the focus on coffee, breakfast and café dining. They will be
focussing on morning and daytime trade.
7 After
discussion with the agencies the applicant is seeking a supervised designation
after 8.00 pm but no designation through the day.
8 The
reporting agencies are satisfied with the systems, processes and staff proposed
for the premises and there is no concerns regarding the suitability of the
applicant.
9 When
advised of the opposition, the applicant prepared a letter for the objectors to
try and allay their concerns (Attachment S). His letter makes the
following points:
a) The focus of
the premises is not late night drinking as previous businesses have been but
more coffee/breakfast and café dining. The normal trading expected
to be 7.00 am to 9.00 pm. Opening later will be for private functions or
events.
b) He is aware of
the concern regarding the use of the alleyway so will not allow its use after
9.00 pm. Patrons will be required to leave the premises through the main
entrance on to Frederick Street.
c) The nature of
the café will not lead to noise issues. The standard closing time
will be 9.00 pm. The courtyard doors and gate will be closed by 9.00 pm
so there will be no people in that area.
10 The letter was sent
to the objectors but no response has been received.
PUBLIC NOTICE
11 There have been six
objections lodged with Dunedin City Council within the objection period.
12 Objection 1: Dated
16 March 2017 made by Mamiko. This objection is made in terms of section
105 of the Sale and Supply of Alcohol Act 2012 and generally refers to the good
order and amenity of the area.
· The
objector has owned “Capers Restaurant”, 412 George Street, Dunedin,
for the past 11 years and shares the alley with the proposed business.
· The
opposition is based on past problems when the premises was a bar with broken
glass, vomit, urine, chewing gum, etc being found in the alley. They have
also had their window broken in the past. They believe the opening of the
premises will have a negative effect on their business. They suggest the
Frederick Street entrance is more suitable for the proposed business.
13 Objection 2: Dated
17 March 2017 made by Ms Joy Samuel. This objection is made in good order
and amenity of the area.
· Ms
Samuel has been the owner of “Romecco’s Bakery”, 422 George
Street, Dunedin, for five years.
· When
there was bar behind them they regularly needed to clean urine and vomit from
their doorway. People pre-loading also left their empty containers on
their property.
· There
have also been instances where people accessed their premises roof to drop into
the bar area to avoid security.
14 Objection 3: Dated
18 March 2018 made by Mr David Linzmeyer. This objection is made in terms
of section 105 of the Sale and Supply of Alcohol Act 2012 and generally refers
to the good order and amenity of the area.
· Mr
Linzmeyer’s property meets the proposed “Joe’s Garage”
at the rear with his frontage on George Street and the applicant’s on
Frederick Street. “Capers Restaurant” is on the ground floor
while he and an office occupy the first floor. The building is a listed
Heritage Building which overlooks Knox Church.
· Mr
Linzmeyer has dealt with various managers and operators over the past 10 years
and with one exception had no luck convincing licensees to manage the premises
properly. The exception was the manager of the “Boogie Bar”
who decided not to use the George Street entrance, did not fill the courtyard
area with people nor did he have music playing outside.
· His
objection is based on security and noise containment issues. Security
issues are related to the use of the alleyway to George Street. Noise has
been an issue with amplified music playing outside and windows and doors being
left open when bands/music is played inside.
15 Objection 4: Dated
18 March 2018 made by John and Robyn Higgins. This objection is made in
terms of section 105 of the Sale and Supply of Alcohol Act 2012 and generally
refers to the good order and amenity of the area.
· Mr
and Mrs Higgins are the owners of the “Alexis Motor Lodge” at 475
George Street, Dunedin. There motel is ‘very close to’ the
proposed George Street entrance to “Joe’s Garage”.
· They
believe patrons using the George Street entrance will compound the existing
problems of noise and disorderly behaviour in the area as well as broken glass,
urine, vomit, etc. They regularly receive complaints from guests staying
at their premises.
16 Objection 5: Dated
19 March 2018 made by Ms Alison Tait, Clerk of the Knox Church Council.
This objection is made in terms of section 105 of the Sale and Supply of
Alcohol Act 2012 and generally refers to the good order and amenity of the
area.
· Knox
Church and its grounds are situated on the corner of George and Pitt
Streets. The proposed George Street entrance for “Joe’s
Garage” is directly opposite the Church.
· The
objection is based on similar grounds as stated above. It describes
bottles being thrown at the Church, glass and vomit needing to be cleaned from
the entrance to the Church. There is an apartment on the Church grounds
and there is concern that the tenants will be affected by the resumption of a
licensed premises at the applicant’s location.
· Ms
Tait also commented that there already sufficient premises selling alcohol in
the area.
17 Objection 6: Dated 3
March 2018 made by Ms D Anderson. This objection is made in terms of
section 105 of the Sale and Supply of Alcohol Act 2012 and generally refers to
the good order and amenity of the area.
· The
objector lives in Prestwick Street, Māori Hill, and has not demonstrated
an interest greater than the public generally and therefore should not be
considered by the Committee.
CONCLUSION
Conclusion
18 The five valid
objections are concerned at the impact the new business will have on the
amenity and good order of the locality. Their points of view are based on
experience from past premises operators.
19 The application does
not mention entertainment and the floor plan for the premises indicates
predominantly a seated arrangement which is in keeping with a café and
restaurant operation.
20 The letter sent to
the objectors via the Licensing Inspector further explains the nature of the
proposed business but no response has been received.
21 All parties will
have an opportunity to voice their views at a public hearing set for 18 April
2018.
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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Licence Application
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9
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b
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Certificate of
Incorporation & Building Owner Consent
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20
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c
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Floor Plans
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22
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d
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Aerial Plan of Location
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24
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e
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Risk Mitigation Plan
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25
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f
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Host Responsibility
Policy
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27
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g
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Planning Certificate
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31
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h
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Joe's Garage Menus
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33
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i
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Fire Service emails
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45
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j
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Police Memo
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48
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k
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Medical Officer of
Health Report
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49
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l
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Licensing Inspector
Report
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55
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m
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Objection Mamiko
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59
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n
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Ojection Samuel
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60
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o
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Objection Linzmeyer
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61
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p
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Objection Higgins
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66
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q
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Objection - Knox Church
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68
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r
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Objection Anderson
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70
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s
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Applicant's letter to
Objectors
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71
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t
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Misc emails
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73
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