Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Friday
12 May 2023
Time: 1.00
pm
Venue: Council
Chamber, top floor, Dunedin Public Art Gallery, the Octagon, Dunedin
Sandy Graham
District Licensing Committee
PUBLIC AGENDA – Opposed
off-licence
MCDONALD HOLDINGS LIMITED T/A
pak ‘n’ save
|
Chairperson
|
Rakei Amohau
|
|
|
Commissioner
|
Colin Weatherall
|
|
|
Members
|
Karen Elliot
|
|
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.
|
|
District Licensing Committee
12 May 2023
|
Part
A Reports
Report for Renewal of Off-licence, "Pak
'n Save Dunedin", 86 Hillside Road, Dunedin – From Secretary,
District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
|
Applicant’s Name:
|
McDonald Holdings Limited
|
|
Site Address
|
86 Hillside Road, Dunedin
|
|
Trading Name:
|
Pak ‘n’ Save
Dunedin
|
|
Style of Licence
|
Supermarket
|
|
Application Number
|
OFF-3646-2006
|
|
Date received by Council
|
03 August 2022
|
EXECUTIVE SUMMARY
1 This
is a report for an application for the renewal of an off-licence for the
premises situated at 86 Hillside Road, Dunedin, and known as “Pak
‘n’ Save 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 does not seek any changes to the licence. The inspector comments that
there are no suitability concerns with the applicant and that the premises
complies with the relevant legislation.
3 Public
notice of the application did not attract any objections and the Medical
Officer of Health has no matters in opposition. The Police do, however,
oppose the renewal of the application.
APPLICANT AND APPLICATION
4 The
applicant has been the licensee of the premises since August 1997. During
that time there has been no compliance issues with the premises.
5 The
premises used to be open 24 hours per day however, with the introduction of the
Sale and Supply of Alcohol Act 2012 (the Act), and then Dunedin’s Local
Alcohol Policy (LAP), the trading hours are now 7.00 am to 10.00 pm. The
applicant is not seeking any change to the current licence conditions.
6 While
the supermarket is situated in South Dunedin, it is the only “Pak
‘n’ Save” in Dunedin therefore attracts shoppers from around
the city.
PUBLIC NOTICE
7 Public
notice of the renewal did not attract any public objection.
8 The
Medical Officer of Health has not opposed the renewal.
9 The
Police have opposed the renewal. The grounds for their opposition are:
a) Section
105(1)(a): Object of the Act – the sale of single serve, high alcohol
content alcohol at cheap prices is contrary to the Act’s object.
The premises is situated in a vulnerable community which is being exposed to
higher levels of alcohol-related harm. The external advertising of
alcohol further exposes the community to harm.
b) Section
105(1)(b): Suitability of the Applicant – the sale of single serve, high
strength alcohol at cheap prices raises questions regarding the
applicant’s suitability.
10 The
Police also have concerns relating to the amenity and good order of the
location. They highlight the locations of family harm and disorder
incidents within a 1 km radius of the premises and, while they cannot link the
harm to alcohol purchased from the premises, they say it is ‘almost
certain’ alcohol purchased from this premises has contributed to some of
the harm.
11 The
Police have suggested the addition of two extra conditions to the licence:
i. No
external advertising or promotion of alcohol; and,
ii. No
single serve sales of RTDs, beer or cider in containers 500ml or less,
excluding craft beer.
12 The
Licensing Inspector has not opposed the renewal stating there are no issues in
relation to the suitability of the applicant and the premises is compliant with
all relevant legislation.
CONCLUSION AND CONDITIONS
13 While
the Police have opposed the renewal of this licence, they would be satisfied
with the addition of two extra conditions relating to single serve sales of
RTDs, beer and cider and the external advertising and promotion of alcohol.
14 The
Committee will need to consider the evidence presented by the parties at the
hearing.
Signatories
|
Author:
|
Kevin Mechen - Secretary, District Licensing Committee
|
|
Authoriser:
|
|
Attachments
|
|
Title
|
Page
|
|
⇩a
|
Off-licence Renewal
Application
|
8
|
|
⇩b
|
Licensing Inspector's
Report
|
21
|
|
⇩c
|
Medical Officer of
Health Report
|
26
|
|
⇩d
|
Police Interim
Oppsition
|
27
|
|
⇩e
|
Police Opposition
Report
|
32
|
|
⇩f
|
FENZ Email
|
35
|
|
⇩g
|
Public Notice
Declaration
|
36
|
|
⇩h
|
Public Notices
|
37
|
