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

 

Deputy Chairperson

Rakei Amohau

 

Members

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

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.

 

 


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

 


District Licensing Committee

6 July 2023

 

 

1          Apologies

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

6 July 2023

 

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

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:

 

Attachments

 

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

 

 


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