Notice of Meeting:
I hereby give notice that an ordinary meeting of the District Licensing Committee will be held on:
Date: Tuesday 19 September 2023
Time: 10.00 am
Venue: Conference Room One – Dunedin Centre, Harrop Street, Dunedin
Sandy Graham
Chief Executive Officer
District Licensing Committee
Opposed Off-Licence Renewal – Liquorland Andersons Bay
PUBLIC AGENDA
MEMBERSHIP
Chairperson |
Colin Weatherall |
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Members |
Karen Elliot |
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Katie Lane |
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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
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 19 September 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 Off-licence Renewal, "Andersons Bay Liquorland, 408 Andersons Bay Road, Dunedin – From Secretary, District Licensing Committee 5
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District Licensing Committee 19 September 2023 |
At the close of the agenda no apologies had been received.
Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.
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District Licensing Committee 19 September 2023 |
Report for Off-licence Renewal, "Andersons Bay Liquorland, 408 Andersons Bay Road, Dunedin – From Secretary, District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
Applicant’s Name: |
Samgan Limited |
Site Address |
408 Andersons Bay Road, Dunedin |
Trading Name: |
Andersons Bay Liquorland |
Style of Licence |
Off-licence (bottle store) |
Application Number |
OFF-3-2016 |
Date received by Council |
16 May 2023 |
EXECUTIVE SUMMARY
1 This is a report for an application for the renewal of an off-licence for the premises situated at 408 Andersons Bay Road, Dunedin, and known as “Andersons Bay Liquorland”. 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 conditions on the licence.
3 Public notice of the application did not attract any public objection.
4 Neither the Medical officer of Health nor Licensing Inspector oppose the licence renewal. However, the Police have opposed the renewal but would accept the inclusion of two additional conditions to the licence: no single unit sales of beer, cider or RTDs priced at, or less than, $6.00 per unit, and no external advertising or promotion of alcohol.
5 The Inspector has advised that the Applicant has voluntarily removed single, low-cost units from the store.
APPLICANT AND APPLICATION
6 The Applicant has been the holder of the off-licence since 17 May 2016. In the time the Applicant has been involved with the premises, no issues have been raised.
7 The Applicant is the holder of another off-licence in Dunedin.
8 Thew premises is situated in a large-scale commercial retail area with building supply stores and car sales being the predominant land use. There are fast food outlets situated across Andersons Bay Road from this premises.
PUBLIC NOTICE
9 The Notice of the renewal application did not attract any public objection.
10 Neither the Medical Officer of Health nor Licensing Inspector oppose the renewal of this licence.
11 The Police have opposed the renewal applicant. Their reasons are:
a) S.105(1)(a) – Object of the Act: the sale of single units of alcohol at a cheap price and the external adverting and promotion of alcohol does not align with the object of the Act.
b) S.105(1)(b) – Suitability of the Applicant: selling single units of alcohol at a cheap price and advertising and promoting alcohol externally adversely affects the Applicant’s suitability.
c) S.105(1)(h) – Amenity and Good Order: the area within an 800m radius of the premises is “one of the worst areas for calls for Police service in Dunedin City.” While they have no evidence of a direct link to this premises, “it is almost certain alcohol purchased at this premises results in nearby harm”.
d) S.105(1)(i) – Amenity and Good Order already badly affected: no supporting commentary supplied.
12 To mitigate their concerns, the Police are seeking the addition of two conditions to the licence:
a) That there are no single serve sales of beer, cider or RTDs priced at, or less than, $6.00 per unit.
b) No alcohol advertising or promotion of alcohol on the exterior of the premises.
CONCLUSION
13 The Police have opposed the application stating ss.105(1)(a), (b), (h) and (i).
14 Subsections (h) and (i) relate to new premises only and therefore are not for consideration at this renewal.
15 The Applicant’s suitability is questioned because they sell single units of beer, cider and RTDs at a ‘cheap price’ and external advertising and promotion of alcohol. Both these can be mitigated by the imposition of two suggested conditions to the licence.
16 The hearing is an opportunity for the parties to present their points of view.
Signatories
Author: |
Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor |
Authoriser: |
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Title |
Page |
⇩a |
Application to Renew Off-Licence |
8 |
⇩b |
Licensing Inspector's Report |
18 |
⇩c |
Medical Officer of Health Report |
21 |
⇩d |
Police Oppostion Report |
22 |
⇩e |
Fire and Emergency NZ email |
25 |
⇩f |
Notice of Declaration |
26 |
⇩g |
ODT Public Notices |
27 |
⇩h |
Misc Police emails |
28 |