Notice of Meeting:

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

 

Date:                                                    Monday 9 December 2024

Time:                                                   10:00 am

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

 

Sandy Graham

Chief Executive Officer

 

District Licensing Committee

Opposed On-Licence Application – Loboski Venues Limited t/a Dropkicks

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Colin Weatherall

 

 

 

 

Members

Katie Lane

 

 

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

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

9 December 2024

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

 

Part A Reports (Committee  has power to decide these matters)

1             Report for New On-licence, "DropKicks", 354 Great King Street, Dunedin – From Secretary, District Licensing Committee                                                                                                                                                                 5

 

 


District Licensing Committee

9 December 2024

 

 

 

Part A Reports

 

Report for New On-licence, "DropKicks", 354 Great King Street, Dunedin – From Secretary, District Licensing Committee

Department: Civic

 

 

 

 

APPLICATION DESCRIPTION

Applicant’s Name:

Loboski Venues Limited

Site Address

354 Great King Street, Dunedin

Trading Name:

DropKicks

Style of Licence

On-licence

Application Number

ON-10-2024

Date received by Council

4 July 2024

EXECUTIVE SUMMARY

1          This is a report for an application for a new on-licence for the premises situated at 354 Great King Street, Dunedin, and to be known as “DropKicks”.  The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application.

2          This is a new licence for the upstairs area of the former Captain Cook Hotel.  The focus for the new premises will be as a live entertainment venue.  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 105.

3          Public notice of the application attracted two objections.  The first is from the Students for Sensible Drug Policy Ōtepoti Dunedin, and the other from Mr B Crestani and Ms E Ibs. 

4          The reporting agencies have not opposed the application.

APPLICANT AND APPLICATION

5          The Applicant in this matter has a sole director, Ms Miliana Lobo Linwood, and shared shareholding between Ms Linwood and Mr Baden Oxley.

6          The purpose of this venue is to provide a safe space for all to enjoy great, quality entertainment.  The Applicant’s website states that they are “founded in response to the overwhelming need for an affordable bar and accessible live music & entertainment venue in North Dunedin.”

7          The Applicant is seeking licence hours of Monday to Sunday, 11.00 am to 3.00 am the following day.  They have asked for the premises to be designated a ‘restricted’ area.

AGENCY COMMENT

8          Neither the Medical Officer of Health nor the Licensing Inspector have opposed the application.  The Police did not report.

9          The Licensing Inspector has commented on a promotion at another venue operated by the Applicant.  This was dealt with after a meeting with the three agencies.

10        During the meeting regarding the abovementioned matter, the Applicant was asked about the social media advertising a gig at the venue for the end of August.  The Applicant was adamant they did not know about this gig until they read about it on the social media themselves.

11        The Inspector stated that the concept of a student bar is well supported so long as it is run in a manner that ensures the safe and responsible sale and supply of alcohol.

PUBLIC NOTICE

12        Public notice of the application attracted two objections: the Students for Sensible Drug Policy Ōtepoti Dunedin (SSDP) and Mr B Crestani and Ms E Ibs via Dr L Gordon. 

Mr Crestani and Ms McMillan

13        The objection relates to:

a)         Sections 3 and 4 – the purpose and object of the Act

b)        Section 105(1)(b) – suitability of the Applicant

c)         Section 105(1)(h) – amenity and good order of the locality

d)        Section 105(1)(j) – whether the Applicant has appropriate systems, staff and training to comply with the law.

14        The concerns stated is that the location of the premises, media coverage of the proposed venue before the expiry of the objection period and purpose of the venue to provide a safe place for low-cost entertainment indicates it will be a student bar.  No other detail relating to the grounds for objection is provided.

Students for Sensible Drug Policy Ōtepoti Dunedin

15        SSDP state they became aware of extensive social media campaigns by the Applicant announcing the date of the opening of the venue which was well before the close of the public objection period.  They believe the actions of the Applicant were a ‘complete disregard to the fair and due process required’ in the Act. 

16        SSDP said they are committed to bringing back safer and well-managed student bars but cannot support and potential student bar when there is a clear identifiable risk that the prospective licensee will make things worse for students.

17        The grounds for objection stated by SSDP are:

a)         Section 105(1)(a) – object of the Act

b)        Section 105(1)(b) – suitability of the Applicant

c)         Section 105(1)(h) – amenity and good order of the locality

d)        Section 105(1)(j) – whether the Applicant has appropriate systems, staff and processes to comply with the law.

18        No other detail regarding the grounds for objection is provided.

CONCLUSION AND CONDITIONS

19        The Applicant in this matter is establishing the premises so there is another live entertainment venue in Dunedin that is safe for all.

20        Advertising an opening before a licence is issued can be considered presumptuous on the part of the Applicant but it is for the Committee to determine if this places doubt on the Applicant’s suitability to hold an alcohol licence.

21        The hearing will allow the parties to speak to their submissions before the Committee determines the outcome of the application.

Signatories

Author:

Kevin Mechen - Alcohol, Psychoactive Substances and Gambling Advisor

Attachments

 

Title

Page

a

On-licence Application

8

b

Applicant Supporting Letter

31

c

Email re Managers/Food

39

d

Email re Trading Name

40

e

Licensing Inspector's Report

41

f

Medical Officer of Health

46

g

Fire and Emergency NZ

47

h

Students for Sensible Drug Policy Ōtepoti - objection

48

i

Mr Crestani/Ms Ibs Objection

52

j

Planning Certificate

54

k

Building Compliance Certificate

57

l

Notice of Declaration

58

m

Otago Daily Times Advertisements

59

n

Misc. Emails

60

o

POL/BCC Application

63

p

Application Invoice

65

q

Planning/Building Invoice

66

 

 


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