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
District Licensing Committee
Opposed Off-License Renewal for Countdown Mailer
Street
PUBLIC AGENDA
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Chairperson
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Colin Weatherall
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Deputy Chairperson
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Rakei Amohau
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Members
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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
or
gso@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
6 July 2023
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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
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Part
A Reports
Report for Opposed Renewal of Off-licence,
"Countdown Mailer Street", 43 Mailer Street, Dunedin – From
Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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General
Distributors Limited
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Site
Address
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43
Mailer Street, Dunedin
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Trading
Name:
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Countdown
Mailer Street
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Style
of Licence
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Off-licence
(Supermarket)
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Application
Number
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OFF-3807-2006
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Date
received by Council
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16
March 2023
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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
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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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Application to Renew
Off-licence
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8
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⇩b
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Licensing Inspector's
Report
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53
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⇩c
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Police Opposition
Report
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58
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⇩d
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Medical Officer of
Health Report
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61
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⇩e
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Fire and Emergency NZ
Email
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62
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⇩f
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Proof of Fee Payment
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63
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⇩g
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Public Notice
Declaration
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64
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⇩h
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ODT Public Notices
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65
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⇩i
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Misc Emails
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66
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