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

Chief Executive Officer

 

District Licensing Committee

PUBLIC AGENDA – Opposed off-licence

MCDONALD HOLDINGS LIMITED T/A pak ‘n’ save

 

MEMBERSHIP

 

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

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Apologies                                                                                                                                                                    4

2             Confirmation of Agenda                                                                                                                                        4

Part A Reports (Committee  has power to decide these matters)

3             Report for Renewal of Off-licence, "Pak 'n Save Dunedin", 86 Hillside Road, Dunedin – From Secretary, District Licensing Committee                                                                                                                                              5

 


District Licensing Committee

12 May 2023

 

 

1          Apologies

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

2          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


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

 

 


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District Licensing Committee

12 May 2023