Notice of Meeting:
I hereby give notice that an ordinary meeting of the
District Licensing Committee will be held on:
Date: Monday
8 September 2025
Time: 9.30
am
Venue: Council
Chamber, top floor, Dunedin Public Art Gallery, the Octagon, Dunedin
Sandy Graham
District Licensing Committee
Opposed Off-Licence Renewal – Bottle O Andersons
Bay
PUBLIC AGENDA
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Chairperson
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Katie Lane
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Members
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Colin Weatherall
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Pieter Van De Klundert
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Senior Officer Kevin
Mechen, Secretary, District Licensing Committee
Governance Support Officer Jean
Cockram
Jean Cockram
Governance Support Officer
Telephone: 03 477 4000
Jean cockram@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.
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District Licensing Committee
8 September 2025
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Part
A Reports
Report for Opposed Renewal of Off-licence for "Bottle
O Andersons Bay", 500 Andersons Bay Road, Dunedin – From Secretary,
District Licensing Committee
Department: Civic
APPLICATION DESCRIPTION
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Applicant’s
Name:
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McCarthy
Enterprises Limited
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Site
Address
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500
Andersons Bay Road, Dunedin
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Trading
Name:
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Bottle
O Andersons Bay
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Style
of Licence
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Off-licence
(Bottle Store)
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Application
Number
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OFF-7179-2006
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Date
received by Council
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4
March 2025
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EXECUTIVE SUMMARY
1 This
is a report for an application by McCarthy Enterprises Limited for the renewal
of an off-licence for their premises situated at 500 Andersons Bay Road,
Dunedin, and known as “Bottle O Andersons Bay”. 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 however both
the Medical Officer of Health Delegate and Chief Licensing Inspector have
opposed the renewal of the licence. The Police did not report on the
application.
APPLICANT AND APPLICATION
4 The
applicant company, McCarthy Enterprises Limited, has equal directors and
shareholder, Patricia and Kenneth McCarthy. The premises was first
licensed by the Applicant in 2007.
5 The
Applicant is not seeking any changes to the conditions of the licence.
6 The
premises has been on the market for sale for some time. There was a
suggestion a sale was imminent but it did not eventuate.
7 The company
structure has recently been changed. Both Mr and Mrs McCarthy have been
removed as directors and Ms Corrina McCarthy has replaced then as the sole
director of the business.
PUBLIC NOTICE
8 Public
notice of the application did not attract any objection.
9 The
Medical Officer of Health Delegate and Chief Licensing Inspector have both
opposed the renewal of the licence. The Police did not report on the
application.
Objections
10 The
Medical Officer of Health Delegate has opposed the licence renewal for the
following reasons:
a) The
current closing time of 10.00 pm increases the potential for excessive alcohol
consumption and associated alcohol-related harms, for example road crashes and
alcohol-related injuries. It is suggested that a reduction in licence
hours will see a reduction in alcohol-related harm.
b) The suitability
of the Applicant is in doubt. Wanting to retain the 10.00 pm closing time
is inconsistent with the object of the Act which is that the sale, supply, and
consumption of alcohol is undertaken safely and responsibly and that the harm
caused by the excessive or inappropriate consumption of alcohol is minimised.
11 The
Chief Licensing Inspector has opposed the application for the following
reasons:
c) McCarthy
Enterprises Limited had their renewal application for Bottle O Mosgiel declined
in May 2024. The directors of the company, Mr and Mrs McCarthy, were
directors of MJ Enterprises Limited which had the renewal application for
Quicker Liquor declined in July 2023. Both licences were declined because
of suitability issues.
d) Errors in the
current application for Bottle O Andersons Bay were highlighted to the
Applicant but they remain unchanged. The Inspector is not confident the
Applicant will undertake the sale and supply of alcohol responsibly.
12 There was a
suggestion that Mr and Mrs McCarthy would be removed as directors and
shareholders of the company. At the time of writing the opposition
report, no changes had been made. A change is directors has since been
notified but Mr and Mrs McCarthy are still the sole shareholders of the
business.
CONCLUSION
13 This application
for the renewal of an off-licence has been opposed because the Applicant has
previously had a licence renewal declined because of suitability issues.
Another premises operated by a different company, but with the same directors,
also had its licence renewal declined.
14 There has now
been a change in the directors for the applicant company but the shareholding
has remained the same.
15 This hearing is
an opportunity for the Applicant to satisfy the Committee the change in
directors for the company will make a difference and that they now have the
processes and systems in place to ensure the sale and supply of alcohol id
undertaken properly.
Signatories
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Author:
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Kevin Mechen - Alcohol, Psychoactive Substances and
Gambling Advisor
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Authoriser:
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Attachments
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Title
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Page
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⇩a
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Off-licence Renewal
Application
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7
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⇩b
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Inspector's Report
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17
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⇩c
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Medical Officer of
Health Delegate's Report
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21
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⇩d
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FENZ Email
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24
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⇩e
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ODT Public Notices
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25
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⇩f
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DLC File Cover
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26
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