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
District Licensing Committee
Off Licence Application – Careys Bay Historic
Hotel
PUBLIC AGENDA
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Chairperson
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Colin Weatherall
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Members
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Andrew Noone
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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
10 July 2020
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Part
A Reports
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
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Applicant’s
Name:
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Golden
Harvest Contractors Limited
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Site
Address
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17
Macandrew Road, Careys Bay
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Trading
Name:
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Carey’s
Bay Historic Hotel
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Style
of Licence
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Off-licence
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Application
Number
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OFF-1-2020
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Date
received by Council
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09
April 2020
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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
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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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Application for
Off-licence
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2
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⇩b
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Police Opposition
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2
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⇩c
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Medical Officer of
Health Opposition
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2
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⇩d
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FENZ Approval
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2
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⇩e
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Licensing Inspectors
Report
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2
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⇩f
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Letter from Applicant
to Agencies
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2
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⇩g
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Public Notice
Declaration
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2
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⇩h
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Section 32 of Act
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2
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