Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
30 October 2020
Time: 9.00
am - Green Man Brewery
Venue: Edinburgh
Room, Municipal Chambers, the Octagon, Dunedin
Sandy Graham
District Licensing Committee
PUBLIC AGENDA
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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 David Benson-Pope
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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
30 October 2020
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Part
A Reports
Report for Renewal of Off-licence for
"Green Man Brewery", 9 Grange 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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Green
Man Brewery Limited
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Site
Address
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9
Grange Street, Dunedin
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Trading
Name:
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Green
Man Brewery
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Style
of Licence
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Off-licence
for Brewery
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Application
Number
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OFF-10-2015
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Date
received by Council
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23
October 2019
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EXECUTIVE SUMMARY
1 This
is a report for an application for the renewal of an off-licence for the
premises known as “Green Man Brewery”, 9 Grange Street,
Dunedin. The criteria found at section 131 of the Sale and Supply of
Alcohol Act 2012 (the Act) apply to this application.
2 The
applicant qualified for an off-licence pursuant to section 32(1)(d) of the Act
where, in the opinion of the Committee at the time the licence was issued, the
principal business carried on was the manufacture of alcohol. The
applicant does not seek any changes to the licence.
3 There
were no public objections received after the public notice of the
renewal.
4 However,
all three reporting agencies, the Police, Medical Officer of Health and
Licensing Inspector, have opposed this application.
APPLICANT AND APPLICATION
Applicant
5 The
applicant company has a sole director and shareholder, Mingchun Qiu, who is
based in Christchurch. Mr Yue Xu is the Dunedin based manager for the
business.
6 When
the business was purchased in 2015, Mr Qiu was quoted in the Otago Daily Times
(ODT) as saying the premises was being ‘resurrected’ with a new
focus on export sales to Asia. New equipment was to be imported with a
view to have an annual capacity of 8-10 million (330ml) bottles but they would
begin with smaller volumes.
7 The
premises is currently licensed to sell alcohol Monday to Sunday, 9am to
9pm. The retail part of the premises is designated a supervised area.
objections
8 The
reporting agencies interviewed the applicant’s representative, Mr Xu, at
the premises.
Police
9 The
Police itemised summarised the findings of the meeting:
· There
has been no brewing take place at the premises since 2017
· The
beer being sold is from the last brew which is being stored in two refrigerated
vats
· Kombucha
is being manufactured in site which is being sold
· They
currently have up to two customers per week
· The
owner only occasionally visits the premises.
10 The
police have reservations as to the legitimacy of the application. There
is little income from the sale of product and there has been no beers brewed
since 2017.
They asked the Committee to seek financial returns pursuant
to section 201(3) of the Act to determine the nature of the business being
undertaken and whether or not the applicant may be the holder of an
off-licence.
Medical Officer of Health
11 The
Medical Officer of Health has opposed the renewal of this licence for the
following reasons:
· The
premises is no longer manufacturing alcohol
· There
is no brewer employed at the premises
· The
equipment essential for the brewing of alcohol is not present or in a state of
disrepair.
12 The
Medical Officer of Health does not believe the applicant is eligible to hold an
off-licence.
Licensing Inspector
13 The
Licensing Inspector reiterates the points made by the other two agencies and
supports their opposition. He said, despite public declarations being
made by the applicant in 2015, the premises is not being operated as a brewery
and to produce beer, there would need to be significant financial outlay to set
it up before production could take place.
summary
14 Excise
Tax payments were obtained from the applicant. The latest payment made
was March 2019 despite the agencies being told there has been no production
since 2017.
15 The
amount of excise tax paid between April 2017 and March 2019 indicates a total
production of 9626 bottles (assuming the bottles are 330ml at 4% abv).
conclusion
16 Section
32(1)(d) allows the manufacturer of alcohol to obtain an off-licence.
17 It
is for the Committee to decide whether the applicant is manufacturing
alcohol. This will determine whether the licence can be renewed.
Signatories
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Author:
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Kevin Mechen - Secretary, District Licensing Committee
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Attachments
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Title
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Page
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⇩a
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Renewal Coversheet
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8
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⇩b
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Renewal Application
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9
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⇩c
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Host Responsibility
Policy
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17
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⇩d
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Excise Duty Summary
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20
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⇩e
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Licensing Inspector's
Report
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21
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⇩f
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Police Report
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24
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⇩g
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Medical Officer of
Health Report
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26
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⇩h
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Fire and Emergency NZ
Email
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30
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⇩i
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ODT Article 3 June 2015
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31
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⇩j
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Public Notices
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33
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⇩k
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Letter to Applicant
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37
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⇩l
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Miscellaneous
Information
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41
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⇩m
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Copy of Off-licence
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46
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