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
District Licensing Committee
Opposed Off-Licence renewal for Countdown Central
(Cumberland 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 Lynne
Adamson
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
7 July 2023
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Part
A Reports
Report for Opposed Renewal of Off-licence,
"Countdown Cumberland Street", 309 Cumberland 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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309
Cumberland Street, Dunedin
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Trading
Name:
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Countdown
Cumberland 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-3806-2006
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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 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
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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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Licence Renewal
Application
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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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SSDP Opposition
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63
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⇩g
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Notice of Declaration
& Public Notices
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68
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⇩h
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Misc Emails
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70
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