Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Tuesday
10 November 2020
Time: 1.00
pm
Venue: Edinburgh
Room, Municipal Chambers, the Octagon, Dunedin
Sandy Graham
District Licensing Committee
New Off-Licence Application – Wobblys Sports Bar
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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Rakei Amohau
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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 November 2020
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Part
A Reports
Report for New Off-licence, "Wobblys
Sports Bar", 146 Victoria Road, Dunedin – From Secretary, District
Licensing Committee
Department: Customer and Regulatory Services
APPLICATION DESCRIPTION
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Applicant’s
Name:
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Adiaar
Holdings PVT Limited
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Site
Address
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146
Victoria Road, Dunedin
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Trading
Name:
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Wobblys
Sports Bar
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Style
of Licence
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Tavern
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Application
Number
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OFF-5-2020
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Date
received by Council
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27
August 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 is seeking the off-licence for a premises that has held an on-licence
for over 20 years, but this will be the first time an off-licence has been
sought in the last 10 years.
3 There
have been no public objections made however the Police and Medical officer of
Health have opposed the grant of this licence.
APPLICANT AND APPLICATION
Applicant
4 The
applicant has held an on-licence for the premises since 2018 and trades as
“Equinox Restaurant and Bar”. In the time the applicant has
had the premises there have been no matters of concern. The applicant has
another premises in Dunedin and this also operates without issues.
5 The
applicant is seeking an off-licence to sell alcohol Monday to Sunday between
9am and 10pm. The activity is covered by an existing Land Use Consent.
6 The
premises is below one of the stands belonging to the Forbury Park Trotting
Club. The area owned by the Club is approximately 12 ha with the
buildings near one corner. There is an early childhood service on one
boundary, but it is approximately 267m from the entrance of this premises.
7 It
is proposed that sales take place over the bar but there will be an open area
where alcohol will be displayed.
objections
8 There
were no objections received after public notice of the application.
However, both the Police and Medical Officer of Health have opposed the grant
of the licence.
Police
9 The
Police have no suitability concerns regarding the applicant. However,
they do have concerns about the layout of the proposed off-licence area which
is situated within the current on-licensed area. There will be shelving
forming an alcove adjacent to the bar which raises concerns about the security
of stock on a busy night.
Medical Officer of Health
10 The
Medical Officer of Health (MoH) has raised several areas of concern.
· The
Act refers to the principle business of a premises and, while “Wobblys
Sports Bar” has the appearance of a tavern, “Equinox” does
not. The applicant advised that 60-65% of his existing business is from
the sale of food which would mean the principle business is not that of a
tavern.
· The
population living in this area is at a higher risk of experiencing
alcohol-related harm due to factors such as area deprivation.
· The
design and layout will mean patrons will select alcohol off the shelves to take
to the bar for purchase.
· The
premises is within 1km of four schools and four early childhood services,
including one which has a common boundary.
· The
Local Alcohol Policy states that “new hotels, taverns or bottle
stores will not generally be granted for premises that is near to or adjacent
to any ‘sensitive facility’” and to “avoid
misinterpretation, ‘near to or adjacent to’ will be defined as
being within 100m of the nearest boundary to the sensitive facility.”
An early childhood service is a ‘sensitive facility’.
CONCLUSION
11 The
Police and MoH have opposed the grant of the licence pursuant to:
· s.32
– the kinds of premises that can be granted an off-licence
· s.105(1)(a)
– the object of the Act
· s.105(1)(e)
– design and layout of the premises
· s.106(1)(b)(i)
– the purposes for which land near the premises is used.
12 The
Committee will first need to consider whether the premises can be granted a
licence before considering the location of and layout of the premises.
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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Off-licence Application
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8
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⇩b
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Licensing Inspectors
Report
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24
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⇩c
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Medical Officer of
Health Email
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29
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⇩d
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Medical Officer of
Health Opposition
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30
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⇩e
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Police Opposition
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36
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⇩f
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Planning Consent
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38
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⇩g
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FENZ Email
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41
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⇩h
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Public Notice
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43
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⇩i
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Notice of Declaration
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44
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⇩j
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Map showing distance to
ECE Service
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45
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