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

 

 

 

 

Members

Rakei Amohau

 

 

Karen Elliot

 

 

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.

 


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

 


District Licensing Committee

12 December 2022

 

 

1          Apologies

At the close of the agenda no apologies had been received.


District Licensing Committee

12 December 2022

 

Part A Reports

 

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:

 

Attachments

 

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

 

 


District Licensing Committee

12 December 2022

 



District Licensing Committee

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District Licensing Committee

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District Licensing Committee

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District Licensing Committee

12 December 2022

 



District Licensing Committee

12 December 2022

 



District Licensing Committee

12 December 2022

 



District Licensing Committee

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District Licensing Committee

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District Licensing Committee

12 December 2022

 

 


District Licensing Committee

12 December 2022