Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Tuesday
9 April 2019
Time: 1.00
pm – Please note new time
Venue: Edinburgh
Room, Municipal Chambers,
the
Octagon, Dunedin
Sue Bidrose
District Licensing Committee
PUBLIC AGENDA – DUNEDIN
FINE WINES & SPIRITS
OPPOSED NEW OFF-LICENCE
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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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Cr Mike Lord
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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
9 April 2019
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Part
A Reports
Report for Off-licence application for Dunedin
Fine Wines & Spirits, 111 George 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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Sri Sai Liquor Limited
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Site Address
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111 George Street, Dunedin
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Trading Name:
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Dunedin Fine Wines &
Spirits
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Style of Licence
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Bottle store
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Application Number
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OFF-3-2019
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Date received by Council
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28 January 2019
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EXECUTIVE SUMMARY
1 This is a
report for an application for a new off-licence for the premises situated at
111 George Street, Dunedin, and known as “Dunedin Fine Wines &
Spirits”. The criteria found at section 105 of the Sale and Supply
of Alcohol Act 2012 (the Act) apply to this application.
2 The
application was publicly notified and no public objections have been
received. Both the Police and Medical Officer of Health have opposed this
application. The inspector also opposes the application.
APPLICANT AND APPLICATION
3 The
applicant is Sri Sai Liquor Limited, a company with a single director
and shareholder, Himabindu Koralla. The applicant is also associated with
two other bottle stores. There has not been any enforcement action taken
against any of the applicant’s stores.
4 The
applicant has bought the premises and is seeking to trade Monday to Sunday from
10.00 am to 10.00 pm and have requested the premises to be a supervised
area. the hours requested area compliant with the Dunedin Local Alcohol
Policy (LAP).
5 The
premises was first licensed in 2017 after a public hearing. The hearing
was a result of agency opposition based on amenity and good order issues and
outlet density. The licence was issued because the business case
presented was one for a ‘high-end’ alcohol market and the applicant
at that time presented a list of products that would be stocked as well as a
list of product lines they would not carry.
6 When the
reporting agencies visited the premises there were more
‘mainstream’ products on display which were not present before the
applicant took over the premises.
PUBLIC NOTICE
7 The
public notice of the application did not attract any public opposition.
8 However,
all three reporting agencies have opposed the grant of the licence.
Objections
9 Police:
The Police have opposed the application stating that the premises is in the
‘epicentre’ of alcohol related crime and disorder. George
Street in a major thoroughfare for students walking into the central
city. The Police believe an off-licence trading in single sales of beer
and RTDs can only increase the alcohol related crime and disorder in the
area.
10 The Police have
opposed the application citing the following sections of the Act:
· Section
105(1)(a) – Police believe the granting of the licence would be contrary
to the object of the Act.
· Section
105(1)(b) – suitability of the applicant.
· Section
105(1)(i) – the Police believe the amenity and good order of the area is
already so badly affected by the effects of the issue of existing licences that
it is undesirable to issue further licenses.
· Section
105(1)(j) – the applicant does not have appropriate systems, staff and
training to comply with the law.
11 Medical
Officer of Health: After a visit to the premises the Medical
Officer of Health has opposed the grant of this licence. The premises
name implies the sale of quality, high-end wines and spirits but the visit to
the premises showed no significant difference between this store and any other
‘common’ bottle store. The visit revealed large numbers of
boxes of generic beer in the front window, boxes of generic beers stacked in
chillers and in locations throughout the store as well as substantial
quantities of RTDs promoted in chillers and in the body of the store.
12 The Medical Officer
of Health has opposed the application:
· Section
105(1)(a) – object of the Act
· Section
105(1)(e) – the design and layout of the premises is not consistent with
a premises selling high-end product.
· Section
105(1)(i) – the amenity and good order of the area is already so badly
affected by the effects of the issue of existing licences that it is
undesirable to issue further licenses.
13 Licensing
Inspector: the Licensing Inspector supports the positions of the
Police and Medical Officer of Health. The report notes that the initial
concept of the store has changed with more ‘mainstream products’
now being sold. the changes are no longer palatable to the reporting
agencies.
14 The Inspector has
recommended that if a licence was to be granted the Committee should consider a
9.00 pm closing time.
CONCLUSION AND CONDITIONS
15 This is an
application for an existing premises. When the first licence was issued
the applicant had put forward a case for a premises that sold high-end products
mainly to the tourist market. The original licence had a maximum trading
time of 9.30 pm but this was put out to 10.00 pm at the first renewal.
16 The applicant in
this matter appears to be turning the store into a more standard bottle store
which will market the types of alcohol found in a ‘typical’ bottle
store rather than the high-end product previously sold and which the new name
would have one believe.
17 The reporting
agencies have opposed the application as indicated above but the reports do not
detail the grounds for the opposition, just the sections in the Act that have
been used.
18 The Committee will
need to consider to the reasons for the opposition and the applicant’s
responses before considering whether or not the licence should be granted.
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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Licence Application
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8
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⇩b
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Risk Mitigation Plan
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19
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⇩c
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Social Responsibility
Report
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21
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⇩d
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Police Opposition
Report
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24
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⇩e
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Medical Officer of
Health Opposition Report
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28
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⇩f
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Licensing Inspector
Opposition Report
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34
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⇩g
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Fire Service Report
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37
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⇩h
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Compliance Certificates
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38
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⇩i
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Miscellaneous Documents
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42
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⇩j
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Public Notices
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46
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