Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
21 October 2022
Time: 9.30
am
Venue: Plaza
Conference Room, Civic Centre, The Octagon, Dunedin
Sandy Graham
District Licensing Committee
New On-Licence Application – Mornington
Thai
PUBLIC AGENDA
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Chairperson
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Colin Weatherall
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Members
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Rakei Amohau
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Katie Lane
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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
21 October 2022
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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 On-licence, "Mornington Thai", 18 Mailer Street, Dunedin –
From Secretary, District Licensing Committee 5
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District Licensing Committee
21 October 2022
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Part
A Reports
Report for On-licence, "Mornington
Thai", 18 Mailer Street, Dunedin – From Secretary, District
Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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Pride
Thai Limited
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Site
Address
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18
Mailer Street, Dunedin
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Trading
Name:
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Mornington
Thai
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Style
of Licence
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On-licence
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Application
Number
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ON-8-2022
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Date
received by Council
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30
May 2022
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EXECUTIVE SUMMARY
1 This
is a report for an application for a new on-licence for the premises situated
at 18 mailer Street, Dunedin, and known as “Mornington Thai”.
The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012
(the Act) apply to this application.
2 The
applicant bought the business from the former operators of an Indian
Restaurant.
3 Public
notice of the application did not attract any opposition and the reporting
agencies have not submitted any adverse report.
4 However,
after reading the application and documents requested by the agencies, the
Committee has some concerns they would like addressed at a public hearing.
APPLICANT AND APPLICATION
5 The
sole director and shareholder of the applicant company is Sonthaya Nongyang, a
resident in Dunedin. They were a former director and shareholder of
Savoury Japan 2015 Limited but ceased these roles in October 2021.
6 The
applicant’s current business was bought from Navnik Limited. One of
the directors of Navnik Limited, Naveen Malhotra, is currently very involved
with the day-to-day running of Mornington Thai which is part of the purchase
agreement signed by the parties. Mr Malhotra is also assisting the
applicant with the licence application process.
7 The
hours originally sought in the application were 10.00 am to 12.00 midnight each
day of the week. However, the Planning Certificate limits trade on Sunday
to Thursday to 11.00 pm. After discussion, the hours now sought are
Sunday to Thursday 10.00 am to 10.00 pm, Friday and Saturday 10.00 am to 12.00
midnight.
PUBLIC NOTICE
8 Public
Notice of the application did not attract any objections.
9 While
the reporting agencies have not opposed the grant of the licence, the following
comments were made by the Licensing Inspector:
a) Naveen
Malhotra is one of three directors another company associated with an
on-licence in Dunedin. The Police are seeking a cancellation of this
licence.
b) Mr
Malhotra is the sole director and majority shareholder of a company in
liquidation.
c) The
sale and purchase of the applicant’s business was done privately with no
apparent legal overview. While not unlawful, it is uncommon, as are the
terms of the agreement.
d) Ms
Nongyang was a former employee of the vendor company, albeit for a short time.
10 The
inspector stated that the applicant is very forthcoming with information as it
has been requested. There is nothing to suggest the applicant is
unsuitable therefore there is no opposition.
CONCLUSION
11 This
application has not been opposed by the reporting agencies nor have there been
any objections recorded.
12 However,
the terms of the purchase agreement and the continued association with the
previous licensee has raised some concern for the Committee so they have asked
for the matter to be heard before a decision is made.
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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On-licence application
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8
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⇩b
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Licensing Inspector's
Report
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27
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⇩c
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Medical Officer of
Health Report
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33
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⇩d
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Police Report
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34
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⇩e
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FENZ OK Email
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35
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⇩f
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Planning Certificate
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37
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⇩g
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Building Compiance
Certificate
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40
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⇩h
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Email re Outdoor
Tables/Chairs
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41
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⇩i
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Notice of Management
Change
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42
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⇩j
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Proposed Roster
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44
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⇩k
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Email Response after
Inspector Discussion
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45
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⇩l
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Email re Licence Hours
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46
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⇩m
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Email Query re Managers
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47
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⇩n
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First Public Notice ODT
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49
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⇩o
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Second Public Notice
ODT
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50
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