Date: Thursday 7 December Meeting Room: Ground Floor Boardroom Auckland Town Hall Queen Street Auckland

Transcription

1 I hereby give notice that a meeting will be held on: Date: Thursday 7 December 2017 Time: 9:30am Meeting Room: Ground Floor Boardroom Venue: Auckland Town Hall Queen Street Auckland THE AUCKLAND DISTRICT LICENSING COMMITTEE APPLICATION FOR RENEWAL & VARIATION OF OFF-LICENCE BY MAX G LIMITED AT 8-10 CLONBERN ROAD, REMUERA TO TRADE AS NEW WORLD REMUERA MEMBERS Chairperson Member Member Katia Fraser Patricia Reade Dan Lynch Wendy Stephenson HEARINGS ADVISOR Contact Telephone: or wendy.stephenson@aucklandcouncil.govt.nz Website:

2 WHAT HAPPENS AT A HEARING At the start of the hearing, the Chairperson of the District Licensing Committee will introduce the Panel Members sitting on the hearing committee and he/she will briefly outline the procedure for the hearing. The Chairperson may then call upon the parties present to introduce themselves to the committee. The Chairperson is addressed as Mr Chairman or Madam Chair. If any party intends to give written or spoken evidence in Maori, the Hearings Advisor must be informed of this at least five working days prior to the Hearing so that a qualified interpreter can be provided. Catering is not provided at the hearing. The Hearing Procedure The usual procedure for a District Licensing Committee Hearing is: The applicant will be called upon to present his/her case. The applicant may be represented by legal counsel or consultants and may call witnesses in support of the application. All witnesses will be required to take either an oath on the Bible or an affirmation. After the applicant has presented his/her case, all parties with speaking rights at the hearing will have an opportunity to cross examine witnesses. Members of the District Licensing Committee may ask questions to clarify the information presented. Agency objectors or public objectors are then called upon to speak. Objectors may also be represented by legal counsel or consultants and may call witnesses on their behalf. Each speaker will be required to take either an oath on the Bible or an affirmation. All parties with speaking rights at the hearing will have an opportunity to cross examine witnesses of the objectors once again. Should you wish to present written information (evidence) in support of your application or your objection please ensure you provide the number of copies as indicated on your notification letter previously sent to you. At any stage members of the District Licensing Committee may ask questions Once objections and cross-examination has finished, the applicant or his/her representative has the right to summarise the application and reply to matters raised by objections. Members of the District Licensing Committee may ask further questions of the applicant at this stage. The chairperson then generally closes the hearing and the applicant, objectors and their representatives leave the room. Sometimes the chairperson will give a verbal decision; otherwise the District Licensing Committee will then deliberate and will release its decision in writing in due course.

3 1. WELCOME AND INTRODUCTIONS 2. DECLARATION OF CONFLICT OF INTEREST Members of the committee to confirm whether they have a conflict of interest in relation to the application. 3. OVERVIEW OF THE PROCEEDINGS The chairperson will outline the process for the hearing of evidence from the parties. 4. APPLICATION The following papers are provided in relation to an Renewal & Variation of Off-licence application by Max G Limited for premises situated at 8-10 Clonbern Road, Remuera Auckland to trade as New World Remuera. Alcohol Licensing Inspector s Updated Report 16 August 2017 Page 5 Alcohol Licensing Inspector s Report 11 November 2016 Page 13 Application Page 26 Police Report Page 45 Medical Officer of Health Report Page 46 Public Notices Page 51

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5 Report on an Application for Renewal & Variation of Off-licence under section 103(2) of the Sale and Supply of Alcohol Act 2012 To: From: District Licensing Committee Alan Delamere Alcohol Licensing Inspector Date: 16 August APPLICATION DESCRIPTION 1.1. Application and Property Details Applicant s Name: Site Address: Trading Name: Type of Premises: Risk Rating: Application Number: Max G Limited 8-10 Clonbern Road, Remuera, Auckland New World Remuera Supermarket Medium Q/OFL/2000/3190 Date Received by Council: 4 October 2016 Current Licence Expires: 3 November 2016 Changes being sought? Yes 2. EXECUTIVE SUMMARY This is a report for an application for a renewal of an off-licence. The criteria found at section 131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application. The applicant is seeking changes to the licence to ensure the Single Alcohol Area conforms with the Act. There is a disagreement between the applicant and myself regarding the proposed Single Alcohol Area. No public objections have been duly made. The Police have not opposed this application. The Medical Officer of Health has opposed this application based on the proposed Single Alcohol Area. I oppose this application on the same grounds. 5

6 3. APPLICANT AND APPLICATION 3.1 Applicant The applicant is a private company. A general discussion was had with the applicant on 26 October The applicant is aware of its responsibilities under the Act. 3.2 Comment There is no reason to believe that the applicant is not suitable to hold a licence. There are no concerns with other goods and/or services the applicant provides at the premises 4. OBJECTIONS AND EXTERNAL REPORTS 4.1 Public Notice The application was publicly notified on the public notices website on the following dates: First Notice 28 September 2016 The objection period expired on: 19 October 2016 The application was publicly notified in the East & Bays Courier on the following dates: First Notice 7 October 2016 Second Notice 14 October 2016 The objection period expired on: 31 October 2016 The public notices were not placed in accordance with the act as they notified hours outside of the default maximum trading hours. A waiver was sought and granted on 10 October Objections No objections have been received following the public notification. 4.3 Police Report Police reported on the application on 5 October That report does not oppose the application. 4.4 Medical Officer of Health Report The Medical Officer of Health reported on the application on 26 October That report opposes the application. The opposition is in regards to the proposed Single Alcohol Area and the alcohol exposure it will create for shoppers. This report has been attached. 6

7 5. PREMISES 5.1 Principal Entrance The principal entrance is accessed from: Clonbern Road, Remuera 5.2 Kind of Premises An off-licence may be renewed for this kind of premises, because it meets the description found at section 32(1)(e) of the Act. 5.3 Planning and Building Matters There have been no issues raised in regards to the building code or the Resource Management Act Previous History The premises have been inspected in the last 12 months. There were no compliance issues found during those inspections. 5.5 Site Inspection I visited the premises on 10 October 2016 at approximately 4:50pm. All required signage was clearly displayed and a manager was on duty. There was no concern with any promotion. There appeared to be sufficient levels of staff to manage the premises effectively. 5.6 Comment The premises currently hold an alcohol licence under the Sale of Liquor Act A proposed plan has been submitted with the renewal application regarding the Single Alcohol Area. I oppose the design and layout of the premises. The proposed Single Alcohol Area exposes shoppers to alcohol through: the location of the champagne chiller fridge The applicant appears to have appropriate systems, staff, and training to comply with the law. The manner in which the applicant has sold, displayed, advertised or promoted alcohol has not caused concern for the reporting agencies. 7

8 6. ENVIRONMENTAL SCAN 6.1 Current and Potential Levels of Noise, Nuisance and Vandalism Council Pathway incident records attribute no incidents of noise, nuisance or vandalism to the conveyance in the last three years. It is not expected that a renewed alcohol licence will generate noise, nuisance or vandalism. 6.2 Comment There is no reason to believe that the amenity and good order of the locality would be likely to be increased, to more than a minor extent, by the effects of a refusal to renew the licence. 7. CONCLUSION AND CONDITIONS 7.1 Conclusion In my opinion, the proposed Single Alcohol Area does not meet the appropriate criteria under s112(1) of the Act, namely limiting alcohol exposure to shoppers. In particular: Champagne Chiller: The champagne chiller fridge is located directly adjacent to the checkouts and close to the prohibited space as described in section (b) (ii). The side wall of the champagne chiller fridge is transparent, meaning while shoppers are unloading their items, they are directly exposed to an alcohol display. The champagne chiller fridge is facing down an aisle in the main body and is visible to shoppers entering and exiting this aisle. The position of the champagne chiller fridge does not limit alcohol exposure to shoppers. 8

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11 The proposed layout does not limit the exposure of alcohol to customers. Subject to new or contrary evidence being presented, the application does not meet the criteria in the Act, and I oppose this application. Prepared by... Alan Delamere Alcohol Licensing Inspector 11

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13 Report on an Application for Renewal & Variation of Off-licence under section 103(2) of the Sale and Supply of Alcohol Act 2012 To: From: District Licensing Committee Alan Delamere Alcohol Licensing Inspector Date: 11 November APPLICATION DESCRIPTION 1.1. Application and Property Details Applicant s Name: Site Address: Trading Name: Type of Premises: Risk Rating: Application Number: Max G Limited 8-10 Clonbern Road, Remuera, Auckland New World Remuera Supermarket Medium Q/OFL/2000/3190 Date Received by Council: 4 October 2016 Current Licence Expires: 3 November 2016 Changes being sought? Yes 2. EXECUTIVE SUMMARY This is a report for an application for a renewal of an off-licence. The criteria found at section 131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application. The applicant is seeking changes to the licence to ensure the Single Alcohol Area conforms with the Act. There is a disagreement between the applicant and myself regarding the proposed Single Alcohol Area. No public objections have been duly made. The Police have not opposed this application. The Medical Officer of Health has opposed this application based on the proposed Single Alcohol Area. I oppose this application on the same grounds. 13

14 3. APPLICANT AND APPLICATION 3.1 Applicant The applicant is a private company. A general discussion was had with the applicant on 26 October The applicant is aware of its responsibilities under the Act. 3.2 Comment There is no reason to believe that the applicant is not suitable to hold a licence. There are no concerns with other goods and/or services the applicant provides at the premises 4. OBJECTIONS AND EXTERNAL REPORTS 4.1 Public Notice The application was publicly notified on the public notices website on the following dates: First Notice 28 September 2016 The objection period expired on: 19 October 2016 The application was publicly notified in the East & Bays Courier on the following dates: First Notice 7 October 2016 Second Notice 14 October 2016 The objection period expired on: 31 October 2016 The public notices were not placed in accordance with the act as they notified hours outside of the default maximum trading hours. A waiver was sought and granted on 10 October Objections No objections have been received following the public notification. 4.3 Police Report Police reported on the application on 5 October That report does not oppose the application. 4.4 Medical Officer of Health Report The Medical Officer of Health reported on the application on 26 October That report opposes the application. The opposition is in regards to the proposed Single Alcohol Area and the alcohol exposure it will create for shoppers. This report has been attached. 14

15 5. PREMISES 5.1 Principal Entrance The principal entrance is accessed from: Clonbern Road, Remuera 5.2 Kind of Premises An off-licence may be renewed for this kind of premises, because it meets the description found at section 32(1)(e) of the Act. 5.3 Planning and Building Matters There have been no issues raised in regards to the building code or the Resource Management Act Previous History The premises have been inspected in the last 12 months. There were no compliance issues found during those inspections. 5.5 Site Inspection I visited the premises on 10 October 2016 at approximately 4:50pm. All required signage was clearly displayed and a manager was on duty. There was no concern with any promotion. There appeared to be sufficient levels of staff to manage the premises effectively. 5.6 Comment The premises currently holds an alcohol licence under the Sale of Liquor Act A proposed plan has been submitted with the renewal application regarding the Single Alcohol Area. I oppose the design and layout of the premises. The proposed Single Alcohol Area exposes shoppers to alcohol through: the location of the champagne chiller fridge an outward facing end of aisle display an outward facing aisle The applicant appears to have appropriate systems, staff, and training to comply with the law. The manner in which the applicant has sold, displayed, advertised or promoted alcohol has not caused concern for the reporting agencies. 15

16 6. ENVIRONMENTAL SCAN 6.1 Current and Potential Levels of Noise, Nuisance and Vandalism Council Pathway incident records attribute no incidents of noise, nuisance or vandalism to the conveyance in the last three years. It is not expected that a renewed alcohol licence will generate noise, nuisance or vandalism. 6.2 Comment There is no reason to believe that the amenity and good order of the locality would be likely to be increased, to more than a minor extent, by the effects of a refusal to renew the licence. 16

17 7. CONCLUSION AND CONDITIONS 7.1 Conclusion In my opinion, the proposed Single Alcohol Area does not meet the appropriate criteria under s112(1) of the Act, namely limiting alcohol exposure to shoppers. In particular: Champagne Chiller: The champagne chiller fridge is located directly adjacent to the checkouts and close to the prohibited space as described in section (b) (ii). The side wall of the champagne chiller fridge is transparent, meaning while shoppers are unloading their items, they are directly exposed to an alcohol display. The champagne chiller fridge is facing down an aisle in the main body and is visible to shoppers entering and exiting this aisle. The position of the champagne chiller fridge does not limit alcohol exposure to shoppers. 17

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21 Outward-Facing End of Aisle: There is an outward-facing end of aisle display which is directly facing the cheese chiller. This means the average shopper cannot purchase cheese without being directly exposed to an alcohol display. 21

22 Outward Facing Shelf One whole side of the Single Alcohol Area is outward facing. This faces directly into the frozen foods section. This exposes shoppers to alcohol. 22

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24 With the proposed layout, it is not likely a person could carry out a full shop, without being directly exposed to an alcohol display. Subject to new or contrary evidence being presented, the application does not meet the criteria in the Act, and I oppose this application. Prepared by... Alan Delamere Alcohol Licensing Inspector 24

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45 Alcohol Harm Reduction Unit Auckland City District Police PO Box , Auckland 1142 Ph: Fax: October 2016 The Secretary District Licensing Agency Private Bag Wellesley Street AUCKLAND 1142 Dear Sir Q/OFL/2000/4542: MAX G LIMITED: NEW WORLD REMUERA: Police have inquired into this application and it is not opposed. However I do note that the applicant has sought days and hours of 7am until 12 midnight and the National Default Hours are from 7am until 11pm. Gary WHITTLE Auckland City District Police Auckland gary.whittle@police.govt.nz DDI:

46 Auckland Regional Public Health Service Cornwall Complex, Floor 3, Building 15 Greenlane Clinical Centre Private Bag Symonds Street Auckland 1150 New Zealand Telephone: Facsimile: Website: 26 October 2016 Your Reference: Q/OFL/2000/3190 The Liquor Licensing Inspector District Licensing Agency Auckland City Council Private Bag Wellesley Street Auckland 1010 Dear Sir/Madam SALE AND SUPPLY OF ALCOHOL ACT 2012: Application For OFF Licence: Renewal NEW WORLD - REMUERA : 10 CLONBERN ROAD, REMUERA Inquiries resulted in an (attached) from the applicant s representatives amending the application by - Varying the licensed hours to 7.00 am till pm so that they are within the default national maximum trading hours. - Proving an amended floor plan. The Medical Officer of Health (MOH) wishes to raise matters in opposition related to the proposed single alcohol area (SAA) as described in the amended floor plan attached. The purpose of a single alcohol area as stated under section 112 of the Act is to limit alcohol exposure to shoppers, by reducing exposure to displays, promotions and advertisement of alcohol so far as reasonably practicable. The MOH has concerns that the SAA proposed does not achieve the purpose of the Sale and Supply of Alcohol Act 2012 (the Act) provisions in s112(1). In particular there is a chiller unit located past the wine alcove and next to the checkouts where the point of sale of located. The chiller is therefore very close to the prohibited space as described in section (b) (ii). This chiller unit faces outwards down the immediate aisle in front and therefore exposes most customers approaching the checkouts to the alcohol display. The MOH seeks to address these matters with the licensee in the first instance, or at a hearing, in due course. Yours faithfully Stephen Galvin 46

47 for Medical Officer of Health Auckland Regional Public Health Service 47

48 Stephen Galvin (ADHB) From: Laura Aciu Sent: Thursday, 20 October :54 To: Stephen Galvin (ADHB) Subject: FW: New World Remuera - alcohol licence renewal Attachments: Message from From: Adrian Barkla Sent: Thursday, 20 October :21 a.m. To: Laura Aciu Subject: RE: New World Remuera - alcohol licence renewal Hi Stephen Thanks for your The alcohol hours was a mistake and Alan Delamere has applied for a waiver so our hours applied for are 7am to 11pm The Single area boundary lines by the freezer we will draw along the existing shelving as you have suggested see attached new plan The champagne fridge ruling I would like to dispute this Regards Adrian Barkla From: Laura Aciu Sent: Wednesday, 19 October :08 p.m. To: Adrian Barkla Subject: FW: New World Remuera - alcohol licence renewal From: Remuera NW Office Manager Sent: Wednesday, 19 October :22 a.m. To: Laura Aciu Cc: Brent Pickering Subject: FW: New World Remuera - alcohol licence renewal From: Stephen Galvin (ADHB) [mailto:sgalvin@adhb.govt.nz] Sent: Wednesday, 19 October :57 a.m. To: Remuera NW Office Manager Cc: vanessa.tanner@aucklandcouncil.govt.nz Subject: New World Remuera - alcohol licence renewal Adrian 1 48

49 Thanks for your time the other day. I have copied in the Auckland Council Alcohol Licensing Inspector so they are also aware of our position. Having reviewed the file and reconciling the site visit the following are our concerns and would oppose the application in its current form. 1) Hours: The current hours are 7am 12 midnight and the licence has been asked to be renewed on this basis. As you are aware the default national maximum trading hours for off-licences are until 11pm and licences being renewed are being asked to be within those hours. 2) Single Alcohol Area: supermarket and grocery style off-licences must now display their alcohol in a single area. The characteristics of the single area (sections ) are a) In a single area b) The single area must be shown on a floor plan delineating the area. c) Only alcohol (and its advertising) can be in the area at all times. Alcohol (and its advertising) cannot be outside the area. d) The area must aim to limit exposure (by its locality) and must not be between the main entrance and the main body of the store, or between the main body and the point of sale. The current floor plan (attached) raises two parts of the proposed single alcohol area we would oppose this application on Champagne fridge The chiller unit located next the checkouts. We consider this breaches section (b) (ii) by being between the main body and any general point of sale and/or section 112 (1) by not limiting the exposure of shoppers to displays and promotions of alcohol. Single alcohol area includes half the aisle where customers move through I have attached a photo from my visit and a floor plan example with tighter blue/purple lines to help explain. The current layout is not accurately reflected by the floor plan. There is a large single display unit currently on site rather than the three smaller units in the floor plan in the direction of the checkout from the back of the store. Assuming the three display units location reflects the larger display unit if joined together, it would be expected the line of the single alcohol area run along that shelving unit, not into the aisle. Again by the freezer unit on the boundary wall it hug the display units. The accuracy of the floor plan cannot be underestimated for the single alcohol area. Once the area is set, it requires a variation of the licence to change it. Alcohol product outside the area, or nonalcohol product within it are a breach of the licence. By having a single alcohol area projecting into the aisles away from the display unit we consider it is not limiting exposure as per section 112 (1) as it allows alcohol to be displayed more prominently than it currently is. Any amendments you are considering need to be with me before Tuesday 26 October 2016 as I must report 15 working days after the application is received. After that time conversations can continue and usually led by the Inspector. Regards Stephen Stephen Galvin Compliance Officer Alcohol and Tobacco Enforcement Auckland Regional Public Health Service Cornwall Complex, Building 15 - Level 2, Greenlane Clinical Centre, Auckland Tel: xt Fax: Mobile: sgalvin@adhb.govt.nz Our vision: Tamaki Makaurau protecting population health, promoting future wellbeing CONFIDENTIALITY: The information contained in this message (and any attachments) is CONFIDENTIAL and may be subject to LEGAL PRIVILEGE. This information is intended only for the recipient named in this message. If the reader of this message is not the intended recipient you must not read, 2 49

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56 Q-OFL IN THE MATTER of the Sale and Supply of Alcohol Act 2012 AND IN THE MATTER of an application made by Max G Ltd pursuant to s.208 of the Act for a waiver in regard to the public notices for the renewal of an Off Licence for New World Remuera at 8-10 Clonbern Road Remuera, Auckland. BEFORE THE AUCKLAND DISTRICT LICENSING COMMITTEE Quorum: Chairperson: Margaret Miles DECISION [1] I have before me an application by Max G Ltd pursuant to s.208 of the Act for a waiver in regard to the public notices for the renewal of an Off Licence for New World Remuera at 8-10 Clonbern Road Remuera, Auckland. [2] The applicant is seeking to avoid the re-publication of their Public Notices as they notified their trading hours from 7am to 12midnight. The 12midnight finish is outside the national default maximum trading hours for an off licence (7am to 11pm). The actual hours when alcohol will be available are less than those originally published, so in my view the public should not be at any disadvantage. [3] Having given consideration to all matters to which I must have regard I approve the Waiver. Dated at Auckland this 10 th day of October 2016 Margaret Miles 56

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