Notice of Meeting:

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

 

Date:                                               Tuesday 29 August 2023

Time:                                               9:00 am

Venue:                                            Conference Room 1, Level 1, Dunedin Venues, 1 Harrop Street, Dunedin

 

Sandy Graham

Chief Executive Officer

 

District Licensing Committee

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

29 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 Off-licence Renewal, "New World Gardens", 6 North Road, Dunedin – From Secretary, District Licensing Committee           5

 


District Licensing Committee

29 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

29 August 2023

 

Part A Reports

 

Report for Opposed Off-licence Renewal, "New World Gardens", 6 North Road, Dunedin – From Secretary, District Licensing Committee

Department: Civic

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

Basnef Limited

Site Address

6 North Road, Dunedin

Trading Name:

New World Gardens

Style of Licence

Off-licence (Supermarket)

Application  Number

OFF-10-2021

Date received by Council

28 March 2023

EXECUTIVE SUMMARY

1         This is a report for an application for the renewal of an off-licence for the premises situated at 6 North Road, Dunedin, and known as “New World Gardens”.  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 has been one public objection received.  Neither the Licensing Inspector not Medical Officer of Health have opposed this application.  However, the Police have opposed the renewal but are seeking the imposition of two extra conditions to the licence.  

APPLICANT AND APPLICATION

4         The applicant has two directors, Mr Craig Broderick and Mrs Julie Broderick.  They, along with a trust, are the shareholders of the company.  The Applicant is very experienced operating supermarkets.

5         The licence was issued for the premises on 8 April 2022 after a District Licensing Committee hearing into the matter.

6         The Applicant does not seek any changes to the licence conditions.  They operate from Monday to Friday, 7.00 am to 10.00 pm. Their single alcohol area remains unchanged from when the licence was granted.  They are looking at extending their zero-alcohol range because of increased demand for the product.

pUBLIC NOTICE

7         Public notice of the renewal application attracted one objection from the Students for Sensible Drug Policy Ōtepoti-Dunedin (SSDP) received on 2 May 2023.  The matters raised in the objection are:

a)        Single sales of beer, cider, and wine, often at less than $6.00 per unit.

b)       The Applicant, in selling these products, raises doubts as to their suitability.

c)        The licensed hours for the premises do not take into account the demographics of the area in which it sits.  The premises is adjacent to student accommodation.  SSDP believe alcohol should stop being sold earlier than the current 10.00 pm on Thursday, Friday and Saturday nights to minimise the immediate or future risk of alcohol-related harm.

d)       The licence allows for in-store sampling of alcohol.  SSDP believe this is inappropriate for a premises in this area.

8         Other matters unrelated to those to be considered for a renewal as dictated in s.131 of the Act.

reporting agencies

9         Neither the Licensing Inspector nor Medical Officer of Health opposed the renewal of this licence.  However, the Police have opposed the renewal. 

10       The Police have opposed the renewal under sections 105(1)(a), (b), (h) and (i).  However, ss.105(1)(i) and (h) are not criteria for consideration as stipulated in s.131 of the Act.

11       Object of the Act (s.105(1)(a)): Police believe the sale of single serve, high strength alcohol at cheap prices is contrary to the object of the Act.  The premises is situated in a vulnerable community which is susceptible to alcohol-related harm.  Advertising on the exterior of the premises further exposes that community to harm.

12       Suitability of the applicant (s.105(1)(b)): Sales of single serve, high alcohol at cheap prices adversely affects the suitability of the Applicant.

13       The Police also discuss the amenity and good order of the locality pursuant to s.105(1)(i) and (h).  these are not matters to consider for a renewal.  Amenity and good order is mentioned in s.131(b) but the Committee will need to be satisfied that the amenity and good order would be improved by more than a minor extent if the licence is not renewed.

14       The Police seek the imposition of two conditions:

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

b)       No external alcohol advertising or promotion of alcohol.

CONCLUSION 

15       The licence to be considered at this hearing was issued after a hearing twelve months ago during which the Committee considered the same matters.

16       The Committee will need to determine whether SSDP has an interest greater than the public generally.

17       It will then need to consider the arguments of the parties to determine the outcome of the application.

 

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 - no opposition

28

e

Fire and Emergency NZ Email

29

f

SSDP Opposition

30

g

Misc. Emails

36

h

Notice of Declaration

39

i

ODT Public Notices

40

 

 


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