Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
11 May 2018
Time: 9.30
am
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – MOSGIEL
TAVERN
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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
11 May 2018
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Part
A Reports
Report for the Renewal of an On-licence,
"Mosgiel Tavern", 150 Factory ROAd, Mosgiel – From Secretary,
District Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s Name:
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Mosgiel Tavern (2014) Limited
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Site Address
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150 Factory Road, Mosgiel
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Trading Name:
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Mosgiel Tavern
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Style of Licence
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Tavern
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Application Number
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ON-33-2013
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Date received by Council
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5 December 2017
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EXECUTIVE SUMMARY
1 This is a
report for an application for a renewal of an on-licence with variation.
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 a change to the closing time for their Sunday evening from the
current 10pm to 12 midnight. They also request that the supervised
designation for their restaurant is removed.
3 There
were no public objections but the Medical Officer of Health has opposed the
extended closing time and this is supported by the Licensing Inspector.
APPLICANT AND APPLICATION
Applicant
4 The
applicant has been the licensee at the premises for four years. There
have been no issues with the premises and there have been no suitability issues
identified. When the premises was first licensed it was surrounded by
farmland. When the applicant took procession there was some residential
activity starting in the area but it was still surrounded by paddocks.
5 They are
mindful of the proximity of the residential activity so no longer have live
music and the outside area is closed at 10pm.
6 The
current hours of trade are:
Monday to Saturday 7.00 am to 2.00 am the following day
Sunday 7.00 am to 10.00 pm
6 They are
seeking to amend the closing time for the Sunday to 12.00 midnight. the
reason is that when there is a public holiday on the Monday patrons at the
premises tend to treat the Sunday as another Saturday night and would like to
stay later than the current 10.00 pm.
7 The
applicant has also asked for the designation to be removed from the restaurant
area only. Currently the whole of the premises is designated a supervised
area. the main access to the restaurant is from the carpark therefore
there is no need for people to enter the bar area.
Comment
8 The Act
does not allow on-licensed premises to operate before 8am. The licence
will be amended appropriately at the end of the renewal process.
PUBLIC NOTICE
9 The
public notice of the renewal did not attract any public opposition.
10 However, the Medical
Officer of Health has opposed the renewal. They state:
· The
premises is surrounded by residential activity and it would be inappropriate
for the applicant to have their trading hours extended.
· They
would accept a closing time of 11.00 pm.
11 The Licensing
Inspector has supported the opposition with the following points:
· That
the Land Use Consent does not specify trading hours but relies on alcohol
licensing protocols to set hours.
· Both
the former Sale of Liquor Policy and proposed Local Alcohol Policy indicate a
11.00 pm closing time for premises in or adjacent to residential areas.
· There
is a comment that the Committee may also with to find that “the existing
hours being appropriate now that the premises is within a residential
area”.
· The
removal of the designation from the restaurant area is appropriate.
12 No issues have been
raised by the Police or Fire and Emergency New Zealand.
CONCLUSION AND CONDITIONS
Conclusion
13 The
applicant’s premises used to be surrounded by farmland. There were
plans for residential activity but when they took over the premises it had only
started and was not near to their boundaries. With the development of
dwellings on their boundaries the applicant has made changes to how they
operate, in particular, the outside area is closed at 10pm and they no longer
have live music.
14 The request for
longer hours on Sundays appears to be so they can accommodate people when the
following Monday is a public holiday.
15 The Medical Officer
of Health makes no comment on the removal of the designation from the
restaurant area however the Inspector has indicated that it’s removal is
appropriate.
16 The start time for
the premises will be amended to 8am in accordance with the Act.
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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Application to Renew
On-licence
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8
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b
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Host Reposibility
Policy
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16
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c
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Risk Mitigation Report
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17
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d
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Alcohol Management Plan
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18
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e
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Menus for Premises
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19
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f
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Fire Service email
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23
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g
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Police Memo
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24
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h
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Medical Officer of
Health Report
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25
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i
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Licensing Inspector
Report
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31
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j
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Premise Aerial
Photograph 2013
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34
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k
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Building WOF Notice
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35
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