Notice of Meeting:

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

 

Date:                                                    Friday 10 July 2020

Time:                                                   9.30 am

Venue:                                                Edinburgh Room, Municipal Chambers, the Octagon, Dunedin

 

Sue Bidrose

Chief Executive Officer

 

District Licensing Committee

Off-Licence Application – Biggies Pizza and Suburbia

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Colin Weatherall

 

 

Members

Andrew Noone

Cr Mike Lord

 

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.

 


District Licensing Committee

10 July 2020

 

 

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 Biggies Pizza and Suburbia Off-licence application, 153 Stuart Street, Dunedin – From Secretary, District Licensing Committee                                                                                                                               5             

 

 


District Licensing Committee

10 July 2020

 

 

1          Apologies

At the close of the agenda no apologies had been received.

2          Confirmation of agenda

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

10 July 2020

 

Part A Reports

 

Report for Biggies Pizza and Suburbia Off-licence application, 153 Stuart Street, Dunedin – From Secretary, District Licensing Committee

Department: Customer and Regulatory Services

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

AMPT Entertainment Limited

Site Address

153 Stuart Street, Dunedin

Trading Name:

“Biggies Pizza and Suburbia”

Style of Licence

Tavern

Application  Number

OFF-2-2020

Date received by Council

27 April 2020

EXECUTIVE SUMMARY

1          This is a report for an application by AMPT Entertainment Limited for a new off-licence for the premises situated at 153 Stuart Street, Dunedin, and known as “Biggies Pizza & Suburbia”.  The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.

2          There have been no public objections made to the application.  However, both the Police and Medical Officer of Health have opposed the grant of this licence.  The inspector has not made a recommendation.

APPLICANT AND APPLICATION

Applicant

3          AMPT Entertainment Limited has been the licensee company of this premises since November 2014.  There are two directors: Mr Ian Lindsay and Ms Tacey Millard.  There are no suitability issues with the applicant company.  This application is a result of the difficult trading times resulting from the Covid-19 pandemic.

4          The premises has operated primarily as a bar and nightclub with a pizza style restaurant at the street level in the evening.  The nightclub operates in a downstairs area.

5          This is the first off-licence to be held by the company.  The hours sought are Monday to Sunday, 10.00 am to 10.00 pm.

6          The intention of the applicant is to see off-licence alcohol across the bar to people coming to the premises for this purpose or when people are leaving the premises.  Deliveries will also be undertaken with and without food orders.

PUBLIC NOTICE

7          The public notice did not attract any public objections.  However, both the Police and Medical Officer of Health have opposed the grant of this licence.

8          Police:  The Police acknowledge there are no suitability issues with the applicant.  They make the following points in their opposition:

a)         The premises is in the heart of Dunedin’s CBD night-time economy.

b)        The premises is popular with the ‘student aged’ demographic and it is common to see long queues to enter the premises on Thursday, Friday and Saturday nights.

c)         In an area 500m radius from the premises, there have been 532 ‘calls for police service’ in the last 12 months, 285 (53%) of which were during the hours of trade requested in this application.

d)        An off-licence would allow people to take alcohol from a premises into an area already saturated with alcohol-related harm.

e)        Bath Street is an area where alcohol is consumed, and fights and sexual assaults occur.  Other shop owners in the area often need to clean urine and vomit from their doorways before they can open for customers.

f)         Police believe section 105(1)(h) of the Act needs to be considered by the Committee: that the amenity and good order of the area will be reduced by more than a minor extent if the licence is granted.  If the Committee believe the good order and amenity of the area is already so badly affected and it is unlikely to be further reduced, then it would be undesirable to issue further licences (section 105(1)(i) of the Act).

9          Medical Officer of Health: The Medical Officer of Health (MOH) believes the Object of the Act (section 105(1)(a)) is not met by this application and makes the following points in support of their opposition:

a)         The population living in the area is generally younger with a high deprivation status and is at a higher risk of experiencing alcohol-related harm.

b)        The applicant intends to sell a range of products including large package sizes (up to 24 packs of beer), one litre bottles of spirits and 10 packs of RTDs (ready to drink mixes).

c)         Delivery will be within 90 minutes of an order being taken.  This means people can be making the decision to order more alcohol while under the influence of alcohol.

d)        The premises is in an area where high levels of intoxication can be found.

e)        There are already 11 off-licence premises within a 1km radius of this premises.

f)         The MOH believes there is already so much alcohol-related harm in the central city that it would be undesirable to grant another off-licence.

10        Licensing Inspector:  The Licensing Inspector has not made a recommendation preferring to leave the Committee to make their decision.  The Inspector does make the following points:

a)         The applicant has extended their range of food options.

b)        The type of alcohol sold and where it is consumed could have a detrimental effect on the area.

c)         The CBD is subjected to anti-social behaviour, but it cannot be linked to the applicant’s premises.

CONCLUSION

11        This application is made with the view to expanding their revenue options in the uncertain times ahead.

12        There are no suitability issues with the applicant.

13        The reporting agencies have detailed some of the issues in the central city that are prevalent.

14        It is for the Committee to consider the issues and this application.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

 

Attachments

 

Title

Page

a

Off-licence Application

8

b

Email from Applicant - detail Business Plan

27

c

Notice of Declaration

28

d

Police Opposition

29

e

Medical Officer of Health Opposition

31

f

Medical Officer of Health Report

32

g

FENZ Report

36

h

Licensing Inspector Report

38

  


District Licensing Committee

10 July 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


 

PDF Creator


District Licensing Committee

10 July 2020

 

PDF Creator


 

PDF Creator


 

PDF Creator