Notice of Meeting:

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

 

Date:                                                    Friday 15 November 2024

Time:                                                   10:00am -

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

 

Sandy Graham

Chief Executive Officer

 

District Licensing Committee

Opposed On-License Renewal for the Regent Theatre Trust

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Katie Lane

 

Deputy Chairperson

 

 

Members

Cr Marie Laufiso

Cr Lee Vandervis

 

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

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

15 November 2024

 

 

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 On-licence Renewal, "Regent Theatre", 17 The Octagon, Dunedin – From Secretary, District Licensing Committee                                                                                                                                              5

 

 


District Licensing Committee

15 November 2024

 

 

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

15 November 2024

 

Part A Reports

 

Report for Opposed On-licence Renewal, "Regent Theatre", 17 The Octagon, Dunedin – From Secretary, District Licensing Committee

Department: Civic

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

The Regent Theatre Trust of Otago

Site Address

17 The Octagon, Dunedin

Trading Name:

Regent Theatre

Style of Licence

On-licence

Application  Number

ON-3317-2006

Date received by Council

21 August 2024

EXECUTIVE SUMMARY

1          This is a report for an application by The Regent Theatre Trust of Otago for the renewal of an on-licence for the premises situated at 17 The Octagon, Dunedin, and known as the “Regent Theatre”.  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          Public notice of the application did not attract any public objections.  Neither the Police nor Medical Officer of Health raised any matters in opposition.

4          The Licensing Inspector, however, has concerns that the Applicant does not have the appropriate systems, staff nor training to comply with the legislation.

APPLICANT AND APPLICATION

5          The Applicant is a trust established in 1972 to preserve the Regent Theatre as a predominantly live performance venue for Dunedin.  It also hosts film festivals and offers space for smaller functions/performances.  When the theatre is being used, they utilise the services of volunteers.

6          The current hours on the licence are Monday to Saturday, 8.00 am to 2.00 am the following day, on such days and during such hours as the premises is being operated as an entertainment venue.  The Applicant is not seeking any changes to these conditions.

PUBLIC NOTICE

7          Public notice of the application did not attract any objections.

8          Neither the Police nor Medical Officer of Health have raised any matters of concern.

9          The Licensing Inspector has raised some concerns and has requested the matter be heard by the District Licensing Committee to ensure their concerns have been addressed.

10        The matters raised in the Inspectors report include:

a)         The premises has been operating without a certified manager being appointed.  This resulted in the Police issuing a ‘Graduated response Model’ warning.  During the process, it became apparent the Trust was not maintaining the required ‘Register of Duty Managers’ as required by s232 of the Act. 

b)        While there are substantial food options available, there is a warning they may take some time (not quantified) to prepare.  Intervals during performances are about 20 minutes long and this type of food cannot be taken into the theatre; this may be seen as discouraging the purchase of substantial food.

c)         The volumes of wine served is also a concern.  One can order either a ‘regular’ (185ml) or ‘large’ (250ml) pour.  Assuming the wine is 12.5% ABV, the large pour is about 2.75 standard drinks which, when no substantial food can be taken into the theatre with the wine, close monitoring of the audience would be required.

11        The Inspector does not believe there are appropriate systems, staff or processes in place at the theatre which has lead to there being no certified managers.  The ‘situation’ with the substantial food requirement may be considered contrary to the requirements of their licence.

CONCLUSION AND CONDITIONS

12        The Applicant in this matter has been warned for not having a certified manager appointed and are taking steps to have new managers appointed.

13        The availability of substantial food options for consumption during shows does need clarification to ensure compliance with the legislation.

14        The hearing will provide the Applicant the opportunity to assure they are taking appropriate steps to ensure compliance with the conditions of their licence.

 

Signatories

Author:

Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor

Authoriser:

 

Attachments

 

Title

Page

a

Application to Renew On-licence

8

b

Licensing Inspector's Report

23

c

Medical officer of Health Interim Opposition

28

d

Police Report

29

e

Fire and Emergency NZ Email

30

f

Police Email re GRM Warning

31

g

Graduated Response Model Warning

32

h

Regent Theatre Risk Mitigation Action Plan

33

i

Applicant Email

35

j

Notifications of Change of Managers

36

k

Public Notice Declaration

39

l

Otago Daily Times Public Notices

40

m

DLC Cover Sheet

42

 

 


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