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
Chief Executive Officer
District Licensing Committee
PUBLIC AGENDA – DUNEDIN FINE WINES & SPIRITS
OPPOSED NEW OFF-LICENCE
MEMBERSHIP
Chairperson |
Colin Weatherall |
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Deputy Chairperson |
Andrew Noone
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Members |
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
Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.
District Licensing Committee 9 April 2019 |
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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 Off-licence application for Dunedin Fine Wines & Spirits, 111 George Street, Dunedin – From Secretary, District Licensing Committee 5
District Licensing Committee 9 April 2019 |
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At the close of the agenda no apologies had been received.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
District Licensing Committee 9 April 2019 |
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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
Applicant’s Name: |
Sri Sai Liquor Limited |
Site Address |
111 George Street, Dunedin |
Trading Name: |
Dunedin Fine Wines & Spirits |
Style of Licence |
Bottle store |
Application Number |
OFF-3-2019 |
Date received by Council |
28 January 2019 |
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
Author: |
Kevin Mechen - Secretary, District Licensing Committee |
Authoriser: |
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Title |
Page |
⇩a |
Licence Application |
8 |
⇩b |
Risk Mitigation Plan |
19 |
⇩c |
Social Responsibility Report |
21 |
⇩d |
Police Opposition Report |
24 |
⇩e |
Medical Officer of Health Opposition Report |
28 |
⇩f |
Licensing Inspector Opposition Report |
34 |
⇩g |
Fire Service Report |
37 |
⇩h |
Compliance Certificates |
38 |
⇩i |
Miscellaneous Documents |
42 |
⇩j |
Public Notices |
46 |