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
District Licensing Committee
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.Riddle@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
12 December 2022
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Part
A Reports
Report for On-licence Renewal, Kensington
Tavern, 4 King Edward Street, Dunedin – From Secretary, District
Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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Akuhata
Limited
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Site
Address
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4
King Edward Street, Dunedin
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Trading
Name:
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The
Kensington
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Style
of Licence
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Tavern
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Application
Number
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ON-10-2021
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Date
received by Council
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25
July 2022
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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
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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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File Cover
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8
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⇩b
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Renewal Application
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10
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⇩c
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Email confirming change
in trading hours
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18
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⇩d
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Licensing Inspector's
Report
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20
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⇩e
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Police Interim
Opposition
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27
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⇩f
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Police Report
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29
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⇩g
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MOH Report
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31
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⇩h
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FENZ Email
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33
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⇩i
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Public Notice
Declaration
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35
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⇩j
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First Public Notice -
ODT
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37
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⇩k
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Second Public Notice -
ODT
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38
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