Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Monday
14 November 2022
Time: 09:30
am - Super Liquor Cumberland Street
Venue: Plaza
Conference Room, Civic Centre, The Octagon, Dunedin
Sandy Graham
District Licensing Committee
Renewal of Off-Licence Application – Super
Liquor Cumberland Street
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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Karen Elliot
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Senior Officer Kevin
Mechen, Secretary, District Licensing Committee
Governance Support Officer Lauren
Riddle
Lauren Riddle
Governance Support Officer
Telephone: 03 477 4000
Lauren.Riddell@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
14 November 2022
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Part
A Reports
Report for Renewal of Off-licence, Super
Liquor Cumberland Street – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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Kitt
Enterprises Limited
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Site
Address
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867
Cumberland Street, Dunedin
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Trading
Name:
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Super
Liquor Cumberland Street
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Style
of Licence
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Off-licence
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Application
Number
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OFF-5602-2006
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Date
received by Council
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1
June 2022
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EXECUTIVE SUMMARY
1 This
is a report for an application for the renewal of an off-licence for
“Super Liquor Cumberland Street” situated at 867 Cumberland 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 is seeking to extend the footprint of the bottle store and to move
the entry from the rear of the premises to the Cumberland Street
frontage. There is no change to the trading hours being sought.
3 There
have been no public objections received. All the reporting agencies, the
Police, Medical Officer of Health and Licensing Inspector have opposed the
application.
APPLICANT AND APPLICATION
4 The
applicant, Kitt Enterprises Limited, has had the premises since 2003.
5 The
premises was originally in the workshop space of a BP Service Station after the
workshop closed. Initial access to the premises was via the front from
the carpark area for the workshop. However, the entry was moved to the
rear of the premises so there was no connection to the service station.
6 The
BP has closed and the applicant has negotiated with the owner to extend their
premises into the whole building and to relocate the main entrance to the front
for ease of access and for the safety of staff.
7 The
applicant is not seeking any change to the trading hours of the premises.
8 The
application mentions there are plans for a proposed development on the site but
there is no indication regarding the future of the applicant’s store.
PUBLIC NOTICE
9 Public
Notice of the application did not attract any objections.
10 However,
each of the reporting agencies have submitted adverse reports.
Medical Officer of Health
11 The
Medical Officer of Health Delegate has opposed the application because the
premises is located within a population of people at particular risk of alcohol
related harm. The increase in the footprint of the store will enable an
increase in stock levels therefore enabling a higher turnover of alcohol.
this will increase the alcohol-related harm within this population. The
sections of the Act cited are:
a) The
Object of the Act (s.105(1)(a)) is that the sale, supply and consumption of
alcohol should be undertaken safely and responsibly, and the harm caused by the
excessive or inappropriate consumption of alcohol should be minimised.
b) The
design and layout (s.105(a)(e)).
c) The
effects of the renewal of this licence on the amenity and good order of the
locality (s.106)(2)) in relation to current and possible future noise levels
and nuisance and vandalism.
Police
12 The
Police have opposed the renewal on the following grounds:
a) Section
105(1)(a) – Object of the Act: the sale of high alcohol content, single
serve alcohol cheaply does not align with the object of the Act. The
premises is situated in a vulnerable community and the sale of such products,
and the exposure to external advertising of alcohol, will increase
alcohol-related harm.
b) Section
105(1)(b) – Suitability of the Applicant: selling single serve, high
alcohol content drinks at a cheap price puts the suitability of the applicant
into question.
c) Section
105(1)(h) & (i) – Amenity and Good Order: the area surrounding the
premises has the highest calls for Police service for alcohol-related incidents
in Dunedin City. Parties in Castle Street regularly spill onto the street
blocking traffic. The applicant’s premises is the closest source of
off-licence alcohol to the problem areas.
Licensing Inspector
13 The
Licensing Inspector makes similar comments to the previous two agencies.
The Inspector comments that an increase of the store footprint has the
potential to increase the range of product available and volume sold. At
the time of the agency visit to the store, there was a very high volume of
alcohol stacked in the aisles with movement within and between aisles was
limited.
14 The
premises is situated in an area experiencing considerable alcohol-related
harm. Amenity and order issues arise from the amount of alcohol consumed
in the area and calls to the noise service occur on a regular basis.
Rubbish is an issue and can be attributed to alcohol use.
15 The
applicant’s store is the nearest to the problem areas.
CONCLUSION
16 The
application before the Committee is for the renewal of an off-licence situated
in the heart of the student accommodation area in North Dunedin.
17 They
are seeking to extend their store footprint and to relocate the entrance to the
Cumberland Street side of the building.
18 There
are plans attached to the application showing a possible redevelopment of the
site. There is no timeline associated with the plans and the future of
the store is not mentioned.
19 The
reporting agencies have opposed the application.
20 The
hearing will give the parties an opportunity to put forward their respective
positions.
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 Renewal Application
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8
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⇩b
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Proposed New Floor Plan
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22
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⇩c
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Licensing Inspector's
Opposition
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23
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⇩d
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Police Opposition
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28
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⇩e
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Medical Officer of
Health Opposition
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31
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⇩f
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FENZ OK Email
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32
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⇩g
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Applicant Security
Measures
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33
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⇩h
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Single Can Sales
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35
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⇩i
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High Alcohol Beer
Display Photograph
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36
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⇩j
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Photographs of Premises
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37
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⇩k
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Proposed rear fencing
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40
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⇩l
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Aerial Photograph of
Site
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41
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⇩m
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First Public Notice ODT
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42
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⇩n
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Second Public Notice
ODT
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43
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⇩o
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Public Notice
Declaration
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44
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