Notice of Meeting:
I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:
Date: Thursday 6 July 2023
Time: 10:00 am
Venue: Council Chambers, Level 2, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
District Licensing Committee
Opposed Off-License Renewal for Countdown Mailer Street
PUBLIC AGENDA
MEMBERSHIP
Chairperson |
Colin Weatherall |
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Deputy Chairperson |
Rakei Amohau |
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Members |
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
or
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 6 July 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 Opposed Renewal of Off-licence, "Countdown Mailer Street", 43 Mailer Street, Dunedin – From Secretary, District Licensing Committee 5
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District Licensing Committee 6 July 2023 |
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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District Licensing Committee 6 July 2023 |
Report for Opposed Renewal of Off-licence, "Countdown Mailer Street", 43 Mailer Street, Dunedin – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
Applicant’s Name: |
General Distributors Limited |
Site Address |
43 Mailer Street, Dunedin |
Trading Name: |
Countdown Mailer Street |
Style of Licence |
Off-licence (Supermarket) |
Application Number |
OFF-3807-2006 |
Date received by Council |
16 March 2023 |
EXECUTIVE SUMMARY
1 This is a report for an application for the renewal of an off-licence for the premises situated at 43 Mailer Street, Dunedin, and known as “Countdown Mailer Street”. 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 considers that the sale and supply of alcohol under these conditions are consistent with the purpose of the Act and meets the criteria at section 131.
3 There were no public objections received and the Medical Officer of Health and Licensing Inspector have not opposed the renewal. However, the Police have opposed the application.
APPLICANT AND APPLICATION
4 The Applicant in this matter is General Distributors Limited. They are an Australian based company and operate all of the Countdown premises throughout New Zealand. It is the largest supermarket chain in the country and provides both instore and online shopping and includes a delivery service.
5 They are not seeking any changes to the licence conditions. The current licence hours are Monday to Sunday, 7.00 am to 10.00 pm. The store trading hours are Monday to Sunday, 8.00 am to 9.00 pm.
PUBLIC NOTICE
6 Public Notice of the application did not attract any public opposition. The Medical Officer of Health and Licensing Inspector did not object to the application.
7 However, the Police have opposed the application. Their reasons are:
a) Section 105(1)(a) – Object of the Act. The Police believe the sale of single serve, high strength alcohol at a cheap price, and the external advertising and promotion of alcohol, does not align with the object of the Act.
b) Section 105(1)(b) – Suitability of Applicant. The sale of single serve, high strength alcohol at a cheap price, and the external advertising and promotion of alcohol, adversely affects the suitability of the applicant.
8 The Police also mentions amenity and good order of the locality pursuant to ss.105(1)(h) and (i) of the Act. However, these sections apply to new applications, not renewals. Section 131(1)(b) is relevant to the amenity and good order, however the Committee must be satisfied that it would improve by more than a minor extent if the licence was not renewed.
9 To satisfy the Police opposition, they seek the imposition of two additional conditions to the licence:
a) No external advertising or promotion of alcohol.
b) No single serve sales of beer or cider in vessels 500ml or less (except craft beer).
CONCLUSION
10 The Police have opposed the renewal of this licence. However, they recommend the imposition of two conditions relating to the sale of single serve beer and cider and external advertising and promotion of alcohol.
11 The Police opposition is not supported by the Medical Officer of Health or Licensing Inspector.
12 The hearing will allow the Committee to consider the points of view of the parties.
Signatories
Author: |
Kevin Mechen - Secretary, District Licensing Committee |
Authoriser: |
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Title |
Page |
⇩a |
Application to Renew Off-licence |
8 |
⇩b |
Licensing Inspector's Report |
53 |
⇩c |
Police Opposition Report |
58 |
⇩d |
Medical Officer of Health Report |
61 |
⇩e |
Fire and Emergency NZ Email |
62 |
⇩f |
Proof of Fee Payment |
63 |
⇩g |
Public Notice Declaration |
64 |
⇩h |
ODT Public Notices |
65 |
⇩i |
Misc Emails |
66 |