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
District Licensing Committee
PUBLIC AGENDA
|
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
|
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
|
