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: 1.00 pm
Venue: Edinburgh Room, Municipal Chambers, the Octagon, Dunedin
Sue Bidrose
Chief Executive Officer
District Licensing Committee
Off Licence Application – Careys Bay Historic Hotel
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
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 Carey's Bay Historic Hotel, Off-licence application, 17 Macandrew Road, Careys Bay – From Secretary, District Licensing Committee 5
District Licensing Committee 10 July 2020 |
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.
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District Licensing Committee 10 July 2020 |
Report for Carey's Bay Historic Hotel, Off-licence application, 17 Macandrew Road, Careys Bay – From Secretary, District Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
Applicant’s Name: |
Golden Harvest Contractors Limited |
Site Address |
17 Macandrew Road, Careys Bay |
Trading Name: |
Carey’s Bay Historic Hotel |
Style of Licence |
Off-licence |
Application Number |
OFF-1-2020 |
Date received by Council |
09 April 2020 |
EXECUTIVE SUMMARY
1 This is a report for an application for a new off-licence. The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.
2 The applicant has owned the premises for the last 12 years and, up to 2017, held both on and off-licences. In 2017 they restructured the licensee company which required a new licence. At that time, they opted not to seek an off-licence.
3 In the past three years they have found there is demand for an off-licence, mainly for the sale of wine to the tourists off cruise ships, but also to the residents in the area.
4 The application was advertised with no objections being received. However, the Police and Medical Officer of Health have both opposed the grant of this licence.
APPLICANT AND APPLICATION
Applicant
5 The applicant has owned and operated the historic premises for 12 years. Accommodation is no longer available, so it operates as a tavern. In 2017 they restructured and renamed the company and applied for a new on-licence under the new entity. At the time they decided not to seek a new off-licence.
6 The premises is a popular destination for people from the cruise ships that stop in Port Chalmers. They are often asked to sell bottles of wine to the passengers so decided to apply for a new off-licence. The local drinkers also inquire about off-licence sales.
7 There are no suitability issues with the applicant and the premises is well managed. There is a well-defined bar area as well as both public and private dining areas on the ground floor. A courtyard is also available to be used by patrons.
PUBLIC NOTICE
8 The public notice did not attract any objections. However, the Police and Medical Officer of Health have both opposed the grant of this licence.
Objections
9 Police: The Police opposition makes the following points:
a) There is no problem with the premises. It is well managed.
b) The application indicates the premises is now operating as a restaurant with the majority of its income derived from food. The principal business of the premises is the sale of food.
c) It does not appear to be either a tavern or hotel therefore does not meet the requirements of s.32(1) of the Act.
10 Medical Officer of Health: This opposition is the same as that of the Police but they also make the following points:
a) The applicant self-identified the principal purpose of the premises is a restaurant.
b) The application states that the sale of alcohol has become a compliment rather than the focus of the business.
11 Licensing Inspector: While the Inspector does not make a recommendation in their report the following points are made:
a) There are no suitability issues with the applicant nor does the application go against the object of the Act.
b) The applicant states the alcohol sales make up 35 – 40% of their turnover. The applicant does not meet the requirements of s.32 of the Act.
c) Prior to 2017, at the renewal of their previous off-licence, eligibility of the company to have an off-licence was never considered. The premises looked and operated like a tavern therefore this was never considered.
discussion
12 Once advised of the agency opposition, the applicant sent a letter explaining the business. Points made in the letter include:
a) The bar is an integral part of the business and caters for the regular drinkers, including 200 Social Club members. These people are present all year round.
b) There is a strong seasonal component to the business. The summer is dominated by cruise ship passengers and independent travellers. In winter it is the local community. At any time, there will be locals sitting at the bar socialising.
c) With the Covid-19 pandemic, cruise ships will not be coming to Port Chalmers in the foreseeable future therefore alcohol sales will return to be the main income. The off-licence will help the continuation of the business.
CONCLUSION AND CONDITIONS
13 Section 32(1) of the Sale and Supply of Alcohol Act 2012 states that an off-licence can be issued to the holder of an on-licence issued for a hotel or tavern, for the premises (or part of the premises) for which the on-licence is held.
14 The premises is no longer a hotel but has operated as a tavern under the current ownership. A tavern is defined as premises used or intended to be used in the course of business principally for providing alcohol and other refreshments to the public.
15 The premises used to have an off-licence up until a company restructure in 2017 at which time they decided against seeking such a licence. Until this time the style of business was not considered at renewal times because the premises looked like and operated as a tavern.
16 While the applicant stated the principal business is a restaurant, the applicant subsequently wrote that the premises’ business is seasonal with the summer being frequented by tourists, in particular cruise ship passengers, who enjoy their premises for lunches. In the winter their main customers are the locals who meet to socialise over a drink.
17 The matter is to be determined at a hearing at which the parties can speak to their points of view.
Signatories
Author: |
Kevin Mechen - Secretary, District Licensing Committee |
Authoriser: |
|
|
Title |
Page |
⇩a |
Application for Off-licence |
2 |
⇩b |
Police Opposition |
2 |
⇩c |
Medical Officer of Health Opposition |
2 |
⇩d |
FENZ Approval |
2 |
⇩e |
Licensing Inspectors Report |
2 |
⇩f |
Letter from Applicant to Agencies |
2 |
⇩g |
Public Notice Declaration |
2 |
⇩h |
Section 32 of Act |
2 |