Notice of Meeting:
I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:
Date: Friday 7 July 2023
Time: 9:30 am
Venue: Council Chambers, Level 2, Dunedin Public Art Gallery, The Octagon, Dunedin
Sandy Graham
Chief Executive Officer
District Licensing Committee
Opposed Off-Licence renewal for Countdown Central (Cumberland 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 Lynne Adamson
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 7 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 Cumberland Street", 309 Cumberland Street, Dunedin – From Secretary, District Licensing Committee 5
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District Licensing Committee 7 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 7 July 2023 |
Report for Opposed Renewal of Off-licence, "Countdown Cumberland Street", 309 Cumberland Street, Dunedin – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
Applicant’s Name: |
General Distributors Limited |
Site Address |
309 Cumberland Street, Dunedin |
Trading Name: |
Countdown Cumberland Street |
Style of Licence |
Off-licence (Supermarket) |
Application Number |
OFF-3806-2006 |
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 309 Cumberland Street, Dunedin, and known as “Countdown Cumberland 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 One public objection has been received. The Police have opposed the renewal but neither the Medical Officer of Health nor Licensing Inspector oppose the application.
APPLICANT AND APPLICATION
4 The Applicant in this matter is General Distributers Limited, an Australian based company that operates the Countdown premises throughout New Zealand. It is the largest supermarket chain in New Zealand. It provides instore and online shopping with delivery services for the general public.
5 The licence hours are 7.00 to 10.00 pm daily which are the same as the store’s operating hours. They are not seeking any change to these hours.
PUBLIC NOTICE
6 Public Notice of renewal attracted one objection from the public, the group named Students for Sensible Drug Police Ōtepoti-Dunedin. The Police have also opposed the licence renewal.
Objections
7 Students for Sensible Drug Policy Ōtepoti-Dunedin (SSDP) have objected to the renewal for the following reasons:
a) Suitability of the Applicant: the application is generic and gives no detail of how the Applicant addresses the ‘vulnerabilities’ of the community that uses the premises.
b) The believe the 10.00 pm closing on the riskier Thursday, Friday and Saturday nights is too late and does not minimise the immediate or future risk of alcohol-related harm.
c) The Applicant sells single serve beer, cider and wine, often at less than $6.00 per unit. They also do not believe the exclusion of craft beer being sought by the Police should apply in this locality.
d) External advertising and promotion of alcohol.
e) The location of the single alcohol area should be moved to the back of the premises.
f) In-store sampling of alcohol is inappropriate at this premises because of the vulnerable community it serves.
8 Other matters are also raised but they are not matters for consideration of this renewal.
9 The Police have opposed the renewal for the following reasons:
a) Object of the Act – the sale of single serve, high strength alcohol is not aligned with the object of the Act. External advertising exposes an already vulnerable community to further alcohol-related harm.
b) Suitability of the Applicant – the sale of single serve, high strength alcohol at cheap prices and external advertising and promotion of alcohol products adversely affects the suitability of the Applicant.
10 The Police also discuss amenity and good order of the locality. However, sections 105(1)(h) and (i) apply to new licence applications. Section 131(1)(b) applies to amenity and good order but the Committee must be satisfied the amenity and good order of the locality will increase by more than a minor extent if the licence was not renewed.
11 The Police have recommended the addition of two conditions to the licence:
a) No external advertising or promotion of alcohol. They are aware that s.114 restricts advertising in supermarkets but believe it does not apply to the exterior of the premises.
b) No single sales of beer or cider in vessels of 500ml or less (excluding craft beer).
CONCLUSION
12 There is opposition to the renewal of this off-licence. The Committee will need to determine if they accept the Students for Sensible Drug Policy Ōtepoti-Dunedin has an interest greater than the public generally before their opposition is considered.
13 The Police have recommended the inclusion of two conditions to the licence.
14 This hearing will allow the parties to present their points of view to the Committee for their consideration.
Signatories
Author: |
Kevin Mechen - Secretary, District Licensing Committee |
Authoriser: |
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Title |
Page |
⇩a |
Licence Renewal Application |
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 |
SSDP Opposition |
63 |
⇩g |
Notice of Declaration & Public Notices |
68 |
⇩h |
Misc Emails |
70 |