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: 1:00pm
Venue: Plaza
Conference Room, Ground Floor, Civic Centre, The Octagon, Dunedin
Sandy Graham
District Licensing Committee
Quicker Liquor - Renewal of Off-Licence
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 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
14 November 2022
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Part
A Reports
Report for Renewal of Off-licence,
"Quicker Liquor" – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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MJ
Enterprises Limited
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Site
Address
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384
George Street, Dunedin
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Trading
Name:
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Quicker
Liquor
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Style
of Licence
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Off-licence
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Application
Number
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OFF-11-2012
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Date
received by Council
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5
May 2022
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EXECUTIVE SUMMARY
1 This
is a report for an application for the renewal of an off-licence for the
premises situated at 384 George Street, Dunedin, and known as “Quicker
Liquor”. The criteria found at section 131 of the Sale and Supply
of Alcohol Act 2012 (the Act) apply to this application.
2 The
applicant dd not seek any changes to the licence however, after discussion with
the reporting agencies, the licence hours will be reduced.
3 Public
Notice of the renewal did not attract any objections. The Police has
opposed the application and has suggested the inclusion of extra conditions,
and this is supported by the Licensing Inspector.
APPLICANT AND APPLICATION
4 The
Applicant company, MJ Enterprises Limited, has two director/shareholders, Mrs P
McCarthy and Mr K McCarthy. They have several businesses operating
off-licence premises in Dunedin.
5 The
licence for this premises was first issued on 15 May 2013 by the Alcohol
Regulatory and Licensing Authority after it had been opposed by the Police and
Licensing Inspector. At the hearing the parties indicated they wanted to
negotiate an outcome which was subsequently confirmed by the Authority.
6 The
licensed hours of the first licence were Monday to Sunday 8.00 am to 11.00
pm. The closing time was amended to 10.00 pm at the 2017 renewal.
PUBLIC NOTICE
7 Public
Notice of renewal application did not attract any objections.
8 The
reporting agencies, Police, Medical Office of Health and Licensing Inspector
have reported. The Police has opposed the renewal application but seeks
two additional conditions to be included on the licence if the renewal is
granted. The Licensing Inspector supports the stance of the Police.
The Medical Officer of Health has no issue with the application.
Police
9 The
Police concern is related to the type of product being sold in an area that
targets the vulnerable student market community as well as the inner-city
homeless population.
a) The
sale of single serve, high alcohol content at cheap prices is contrary to the
object of the Act. Selling these products in single units, within the
community the premises is situated, is exposing people to higher levels of
harm.
b) The
suitability of the licensee is questionable because they are knowingly carrying
out the sale of the abovementioned products.
c) The
amenity and good order of the area is affected by the sale of alcohol to
residents in the area where flat parties are often the subject of Police calls
for service. While there is no evidence directly relating the alcohol
consumed in these situations as being bought from this premises, it is one of
the closest off-licences to the area of high Police demand.
10 The
Police believe that the inclusion of a condition to exclude external
advertising of alcohol and that there shall be no single unit sales of RTDs,
shots or beer or cider in containers of 500 ml or less, with the exception of
craft beer, would help mitigate further alcohol-related harm in the area.
Licensing Inspector
11 The
Licensing Inspector agrees with the Police position that the two suggested
conditions for inclusion on the licence would create a fairer and even playing
field for off-licence premises in the city.
12 The
Inspector has twice requested a copy of the store’s roster, but this has
not been supplied. The reason for the request was to confirm there were
sufficient staff to ensure compliance with the provisions of the employment
laws.
13 The
suitability of the applicant is in doubt because the information supplied
appears to show there is insufficient staff rostered to cover legally required
breaks during a shift. An email sent by the applicant shows only one
person to cover operating hours of 10.00 am to 10.00 pm.
CONCLUSION
14 This
application is for the renewal of an off-licence situated in the northern end
of George Street’s shopping precinct. This area is close to student
residential accommodation and the Police comment is that they are regularly
receiving calls for service to alcohol-fuelled disorder.
15 The
main issue for the Police is the sale of single unit, high alcohol drinks at
cheap prices.
16 They
have suggested the inclusion of two conditions to the licence: to not have
external advertising/promotion of alcohol and the prohibition of selling single
units of RTDs, shots, beer or cider in containers 500 ml or less. This
would not include craft beer.
17 The
Licensing Inspector has questioned the staffing of the premises. It would
appear that there are insufficient staff rostered to comply with the employment
laws in New Zealand and this is exacerbated by the applicant not supplying
rosters when requested.
18 The
applicant has agreed to a reduction in licensed hours to better reflect their
trading practice. The new hours would be Monday to Sunday 10.00 am to
10.00 pm.
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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Licensing Inspector's
Report
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19
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⇩c
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Police Opposition
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23
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⇩d
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Medical Officer of
Health Report
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26
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⇩e
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FENZ Email
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27
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⇩f
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Email to Confirm
Reduction in Hours
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28
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⇩g
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Email re Roster
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30
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⇩h
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Email - Second Request
for Rosters
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31
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⇩i
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Public Notice
Declaration
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32
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⇩j
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First Public Notice ODT
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33
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⇩k
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Second Public Notice
ODT
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34
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