Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
31 August 2018
Time: 1.30
pm
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA
Rehearing of On-Licence for Eastern Lights Limited t/a
Carousel
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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
31 August 2018
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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 Rehearing of On-licence Renewal for Carousel, 141 Stuart Street, Dunedin
– From Secretary, District Licensing Committee 5
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District Licensing Committee
31 August 2018
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Part
A Reports
Report for Rehearing of On-licence Renewal for
Carousel, 141 Stuart 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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Eastern Lights Limited
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Site Address
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141 Stuart Street, Dunedin
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Trading Name:
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Carousel
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Style of Licence
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Tavern
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Application Number
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ON-6910-2006
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Date received by Council
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REHEARING
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EXECUTIVE SUMMARY
1 This is a
report for an application for a the rehearing of an application to renew the
on-licence for the premises situated at 141 Stuart Street, Dunedin, and known
as “Carousel”. 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/does not seek> any changes to the licence. The inspector
considers that the sale and supply of alcohol under these conditions are
consistent with the purpose of the Act and meets the criteria at section 131.
3 The
application was heard by the Dunedin District Licensing Committee on 19
February 2018 because the applicant did not agree to the voluntary adoption of
a one-way door from 3.00 am.
4 During
the hearing the applicant had indicated he would appeal the decision if a
one-way door was imposed.
5 The
Committee renewed the on-licence with a one-way door condition added to the
conditions of the licence.
REASON FOR REHEARING
6 The
decision and amended licence were sent to the applicant however they were not
received by the applicant. This fact became clear when the Police visited
the premises and there was no one-way door in place with the applicant being
unaware of the decision of the Committee. The time for the applicant to
appeal the decision had long passed.
7 The
applicant contacted the appeal body, the Alcohol Regulatory and Licensing
Authority (ARLA), and was told to seek a rehearing so he may appeal within the
correct time.
8 The
applicant has asked if new evidence can be introduced but at the time of
preparing the report the applicant had only been advised that it was possible.
9 If new
evidence is produced it will be circulated to the reporting agencies.
10 The evidence as
disclosed for the first hearing is attached.
PUBLIC NOTICE
11 The renewal
application was publicly notified and no objection was received.
12 The reporting
agencies requested the one-way door be imposed as a condition of the licence.
CONCLUSION
13 This rehearing is
unusual because it is to allow the applicant time to appeal any decision made
by the Committee.
14 At the time of
writing there is no indication that new evidence will be produced. Any
new evidence will be circulated prior to the hearing.
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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7
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b
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Applicant Brief of
Evidence
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23
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c
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Applicant Evidence -
Silgo ARLA Decision
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26
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d
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Applicant Evidence -
ARLA Cuba Liquor World Decision
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61
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e
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Inspector's Report
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81
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f
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Inspector's Evidence
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84
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g
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Police Report
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88
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h
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Medical Officer of
Health Report
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89
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i
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Fire and Emergency NZ
Report
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95
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j
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Public Notices
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97
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