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
District Licensing Committee
Opposed Off-Licence Renewal Application – New
World Mosgiel
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
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.
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District Licensing Committee
10 August 2023
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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
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Applicant’s
Name:
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A
M & M E Shore Limited
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Site
Address
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10
Hartstonge Avenue, Mosgiel
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Trading
Name:
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New
World Mosgiel
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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-14-2021
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Date
received by Council
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15
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 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
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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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Off-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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21
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⇩c
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Police Opposition
Report
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25
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⇩d
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Medical Officer of
Health Report
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28
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⇩e
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Fire and Emergency NZ
Email
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29
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⇩f
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Notice of Declaration
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31
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⇩g
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Email re Notice of
Declaration
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32
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⇩h
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ODT Public Notices
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34
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⇩i
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Misc Email
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35
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