Notice of Meeting:

I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:

 

Date:                                                    Thursday 10 August 2023

Time:                                                   10:30 am

Venue:                                                Council Chamber, top floor, Dunedin Public Art Gallery, The Octagon Dunedin

 

Sandy Graham

Chief Executive Officer

 

District Licensing Committee

Opposed Off-Licence Renewal Application – New World Mosgiel

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Colin Weatherall

 

Deputy Chairperson

Rakei Amohau

 

 

Members

Karen Elliot

 

 

 

 

 

Senior Officer                                               Kevin Mechen, Secretary, District Licensing Committee

 

Governance Support Officer                  Lynne Adamson

 

 

 

Lynne Adamson

Governance Support Officer

 

 

Telephone: 03 477 4000

Lynne.Adamson@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

10 August 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, "New World Mosgiel", 10 Hartstonge Avenue, Mosgiel – From Secretary, District Licensing Committee                                                                                                          5

 


District Licensing Committee

10 August 2023

 

 

1          Apologies

At the close of the agenda no apologies had been received.

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

10 August 2023

 

Part A Reports

 

Report for Opposed Renewal of Off-licence, "New World Mosgiel", 10 Hartstonge Avenue, Mosgiel – From Secretary, District Licensing Committee

Department: Civic

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

A M & M E Shore Limited

Site Address

10 Hartstonge Avenue, Mosgiel

Trading Name:

New World Mosgiel

Style of Licence

Off-licence (Supermarket)

Application  Number

OFF-14-2021

Date received by Council

15 March 2023

EXECUTIVE SUMMARY

1          This is a report for an application for the renewal of an off-licence for the premises situated at 10 Hartstonge Avenue, Mosgiel, and known as “New World Mosgiel”.  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.  

3          No public objections were received.  The Police oppose the renewal of this licence and is seeking the impositions of two additional conditions to the licence.  The Medical officer of Health does not oppose the renewal of the licence, and while not opposed, the Licensing Inspector supports the Police in their attempt to achieve a ‘level playing field’ for off-licence premises in Dunedin. 

APPLICANT AND APPLICATION

4          The Applicant, A M & M E Shore Limited, is owned by Mr Ashley Shore and Mrs Melanie Shore.  They are the directors and shareholders of the company.

5          The licence for the premises was issued on 28 April 2022 with the same conditions as those of the previous licensee.  It is one of two supermarkets in Mosgiel.

6          The Applicant is not seeking a change in conditions.  The current licence hours are Monday to Sunday, 7.00 am to 10.00 pm.  The store itself is open Monday to Sunday, 8.00 am to 9.00 pm.

PUBLIC NOTICE

7          Public Notice of the renewal did not attract any public objections.  However, the Police have opposed the renewal.

8          The Medical Officer of Health did not oppose the renewal, and while not opposed, the Licensing Inspector supports the position of the Police.  They believe the Police is seeking a level playing field for off-licences in Dunedin.

9          Police have opposed the renewal pursuant to the following sections:

a)         Section 105(1)(a) – Object of the Act.  They believe the sale of single serve, high strength alcohol at a cheap price does not align to the object of the Act.  Furthermore, external advertising of alcohol exposes an already vulnerable community to further harm.

b)        Section 105(1)(b) – suitability of the Applicant.  The sale of single serve, high strength alcohol at a cheap price adversely affects the suitability of the Applicant.

10        The Police also use sections 105(1)(h) and (i) in their report.  However, these sections apply to new licence applications only.  Section 131(1)(b) discusses amenity and good order for licence renewals.

11        The Police seek the following two conditions:

a)         No external alcohol advertising or promotion of alcohol

b)        No single sales of beer or cider in containers 500ml or less (excluding craft beer).

12        The Police are aware section 114 restricts advertising for and promotion of alcohol in supermarkets and licensed grocery stores, but they do not believe it applies to the exterior of the premises itself and therefore seeks the condition as stated.

CONCLUSION 

13        The renewal of this licence has been opposed by the Police and is supported by the Licensing Inspector.

14        If the two conditions requested by the Police are included on the licence, their opposition would be nullified.

15        The Police mention the amenity and good order of the locality.  Section 131(1)(b) does mention this component, but the Committee would need to be satisfied that the amenity and good order would improve in the locality by more than a minor extent.

16        This hearing will allow the parties an opportunity to state their points of view.

 

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

 

Attachments

 

Title

Page

a

Off-licence Renewal Application

8

b

Licensing Inspector's Report

21

c

Police Opposition Report

25

d

Medical Officer of Health Report

28

e

Fire and Emergency NZ Email

29

f

Notice of Declaration

31

g

Email re Notice of Declaration

32

h

ODT Public Notices

34

i

Misc Email

35

 

 


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District Licensing Committee

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