Notice of Meeting:
I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:
Date: Monday 12 December 2022
Time: 10:00am - On License Renewal Kensington Tavern
Venue: Conference Room 1, Dunedin Venues, Harrop Street, Dunedin
Sandy Graham
Chief Executive Officer
District Licensing Committee
PUBLIC AGENDA
MEMBERSHIP
Chairperson |
Colin Weatherall |
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Members |
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.Riddle@dcc.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 12 December 2022 |
ITEM TABLE OF CONTENTS PAGE
1 Apologies 4
Part A Reports (Committee has power to decide these matters)
2 Report for On-licence Renewal, Kensington Tavern, 4 King Edward Street, Dunedin – From Secretary, District Licensing Committee 5
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District Licensing Committee 12 December 2022 |
At the close of the agenda no apologies had been received.
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District Licensing Committee 12 December 2022 |
Report for On-licence Renewal, Kensington Tavern, 4 King Edward Street, Dunedin – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
Applicant’s Name: |
Akuhata Limited |
Site Address |
4 King Edward Street, Dunedin |
Trading Name: |
The Kensington |
Style of Licence |
Tavern |
Application Number |
ON-10-2021 |
Date received by Council |
25 July 2022 |
EXECUTIVE SUMMARY
1 This is a report for an application by Akuhata Limited for the renewal of an on-licence for the premises situated at 4 King Edward Street, Dunedin, and known as “The Kensington”. The criteria found at section 131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.
2 The applicant did not seek any changes to the licence however, after discussion with the Licensing Inspector, they have agreed to change in the opening time from 8.00 am to 10.00 am. The closing time of 2.00 am will remain unchanged.
3 There were no public objections to the application however the Licensing Inspector has opposed this renewal. Neither the Police nor Medical Officer of Health Delegate have opposed the renewal, but they support the position of the Inspector.
APPLICANT AND APPLICATION
Applicant
4 The applicant company, when the licence was granted on 21 July 2021, had two directors/shareholders. They were Cameron Akuhata Dylan Salisbury and Conrad William Hunaara Salisbury. A check of the Companies Register shows the sole director and shareholder to be Emma Rookes who was appointed on 28 September 2022.
5 Cameron A D Salisbury ceased being a director on 6 August 2022. Errin Rongomaianiwaniwa Salisbury was appointed a director on 8 August 2022 in place of Conrad W H Salisbury who also ceased being a director on this date.
6 Errin R Salisbury ceased being a director on 5 October 2022.
7 Section 69(1) of the Sale and Supply of Alcohol Act 2012 requires the company to notify the Alcohol Regulatory and Licensing Authority of any change in shareholding or directors within 10 working days. The Authority will then notify the appropriate District Licensing Committee of the change and whether the company needs to apply for a new licence. The Committee has not been advised of the changes therefore can assume the Authority have not been advised of any of the changes.
8 The premises, one of the early hotels in Dunedin, is situated on the edge of a large sports reserve that is also used for entertainment purposes
PUBLIC NOTICE
9 The public notice of the renewal did not attract any opposition.
10 The Police and Medical Officer of Health Delegate have not opposed the renewal, but they are in support of the opposition on the Licensing Inspector.
Objections
11 Licensing Inspector: The Inspector has made several comments after the visit to the premises by the reporting agencies:
a) Questions relating to the suitability of the applicant: comments about being willing to open at 8.00 am for televised UFC fights and to serve alcohol at this time of morning and not notifying the Authority of the change in directors/shareholders.
b) A lack of signage in the premises. This was highlighted in the first visit was still absent when the Inspector visited the following week.
c) A serious assault and a fight took place at the premises between June and August 2022, and neither were reported to the Police. When asked why they were tole, “We take care of matters here ourselves.”
d) The applicant could not produce an incident log, managers logs or evidence of staff training.
e) Concern at some of the alcohol promotions and the use of a loyalty card.
12 The Inspector does not believe the applicant is aware of their obligations under the Act. The opposition of the Inspector related to the suitability of the applicant (s.105(b)) and whether the applicant has appropriate systems, staff and training to comply with the Act (s.105(j).
CONCLUSION
13 The applicant has agreed to a reduction in trading hours by delaying the opening of the premises to 10.00 am.
14 The Inspector has raised concerns so the hearing will allow the parties to put their points of view to the Committee for consideration.
Signatories
Author: |
Kevin Mechen - Secretary, District Licensing Committee |
Authoriser: |
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Title |
Page |
⇩a |
File Cover |
8 |
⇩b |
Renewal Application |
10 |
⇩c |
Email confirming change in trading hours |
18 |
⇩d |
Licensing Inspector's Report |
20 |
⇩e |
Police Interim Opposition |
27 |
⇩f |
Police Report |
29 |
⇩g |
MOH Report |
31 |
⇩h |
FENZ Email |
33 |
⇩i |
Public Notice Declaration |
35 |
⇩j |
First Public Notice - ODT |
37 |
⇩k |
Second Public Notice - ODT |
38 |