Agenda of District Licensing Committee

Notice of Meeting:

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

Date: Friday 8 February 2019

Time: 9.30 am

Venue: Edinburgh Room, Municipal Chambers,

the Octagon, Dunedin

Sue Bidrose

Chief Executive Officer

District Licensing Committee

PUBLIC AGENDA – OPPOSED NEW LICENCE

SUNSET SAM

MEMBERSHIP

Chairperson

Colin Weatherall

Deputy Chairperson

Andrew Noone

Members

Peter Burrows

Senior Officer Angie Symon on behalf of 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

8 February 2019

Part A Reports

Report for New On-licence, 1 Great King Street, Dunedin, "Sunset Sam" – From Secretary, District Licensing Committee

Department: Customer and Regulatory Services

APPLICATION DESCRIPTION

Applicant’s Name:	Dudstown Limited
Site Address	1 Great King Street, Dunedin
Trading Name:	“Sunset Sam”
Style of Licence	On-licence - tavern
Application Number	ON-45-2018
Date received by Council	16 November 2018

EXECUTIVE SUMMARY

1 This is a report for an application for a new on-licence for the premises situated at 1 Great King Street, Dunedin, and to be known as “Sunset Sam”. The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.

2 The premises has been licensed in the past however it has been vacant since September 2018. Because there is no current licence the applicant has not been able to trade prior to the grant of a licence.

3 The application was publicly notified and did not attract any objections.

4 The Police have opposed the grant of this licence and while the Licensing Inspector and Medical Officer of Health have not opposed the application per se, they support the position of the Police.

5 The Dunedin Local Alcohol Policy takes effect on 1 February 2019 therefore the maximum trading time for the applicant will be 3am with a one-way door taking effect from 2.30am.

APPLICANT AND APPLICATION

Applicant

6 The applicant, Dudstown Limited, has a single director and shareholder, John Majella Devereux. Mr Devereux owns another inner-city premises, “Carousel”, and prior to this, the nightclub “Bath Street”. He has extensive experience in the hospitality industry in Dunedin.

7 The application is seeking trading hours of Monday to Sunday, 8am to 4am the following day. however, during the interview with the reporting agencies the applicant indicated he would predominantly trade Friday and Saturday evenings from 5pm to close. He has asked for the premises to be designated a supervised area.

8 While the premises will be a tavern the applicant said there will be background music and a DJ later in the evening. There will be security staff employed, either by himself or supplied by a security provider.

9 The food provision is basic but meets the requirements of the Act.

10 The maximum occupancy of the premises is 218 people.

PUBLIC NOTICE

11 The application was publicly notified and did not attract any objection.

12 Neither the Licensing Inspector nor the Medical Officer of Health opposed the application per se but they have supported the opposition submitted by the Police.

13 Police: The Police have opposed the application believing the applicant is not suitable to hold an alcohol licence. This position is based on the applicant’s sole director and shareholder’s performance at his other premises, “Carousel”. The Police have taken enforcement action to the Alcohol Regulatory and Licensing Authority seeking to have the licence suspended or cancelled and are set to be heard in April.

14 The reasons for the opposition in this matter are the same as those going before the Authority:

· Section 280(3)(a) – the premises have been conducted in breach of any of the provisions of the Act: section 53 of the Act requires a reasonable selection of food is is to be available at all times and it must be promoted

· Section 280(3)(b) – the licensee’s conduct is such that it shows he or she is not a suitable person to hold a the licence: the maximum occupancy of the premises is regularly exceeded.

15 The Police are also seeking the suspension or cancellation of the applicant’s manager’s certificate.

CONCLUSION AND CONDITIONS

Conclusion

16 The application itself has not been opposed. The Police opposition relates to the suitability of the sole director and shareholder of the applicant company in his performance at another premises.

17 This hearing relates to the suitability of Mr Devereux. It will be up to the parties to state their respective positions.

18 There is no challenge to the conditions sought, although they will be impacted by the Local Alcohol Policy that took effect on 1 February 2019 in that the maximum trading time will not exceed 3am and a one-way door will take effect from 2.30am.

Signatories