I hereby give notice that a meeting will be held on:
Date: Time: Meeting Room: Venue:
Thursday 27 October 2016 9:30am Boardroom Groundfloor Town Hall 301-303 Queen Street
THE AUCKLAND DISTRICT LICENSING COMMITTEE APPLICATION FOR NEW ON-LICENCE BY VELVET BURGER FEDERAL ST LIMITED AT 66 VICTORIA STREET WEST TO TRADE AS VELVET BURGER MEMBERS Chairperson Member Member
Mr Grant Aislabie Mr Ian Farrell Ms Glenda Fryer
Andrea Aranha HEARINGS ADVISOR
Contact Telephone: 8908104 or 021 308126 Email:
[email protected] Website: www.aucklandcouncil.govt.nz
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.
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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.
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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.
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At any stage members of the District Licensing Committee may ask questions
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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.
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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.
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 Application by Velvet Burger Federal St Limited for a New On-licence, at 66 Victoria Street West. The following papers are provided in relation to an New On-licence application by Velvet Burger Federal St Limited for premises situated at 66 Victoria Street West Auckland to trade as Velvet Burger. Liquor Licensing Inspector’s Report
Page 1 - 6
Application
Page 7 - 43
Police Report
Page 44
Medical Officer of Health Report
Page 45 - 48
Public Notices
Page 49 - 50
Supporting Documents
Page 51 - 57
Report on an Application for a New On-licence under section 103(2) of the Sale and Supply of Alcohol Act 2012
To:
District Licensing Committee
From:
Nathan Tanevesi – Alcohol Licensing Inspector
Date:
27 September 2016
1.
APPLICATION DESCRIPTION
1.1
Application and Property Details
2.
Applicant’s Name:
Velvet Burger Federal St Limited
Site address:
66 Victoria Street West, Auckland Central, Auckland
Trading name:
Velvet Burger
Style of Licence:
Class 2 Restaurant
Risk Rating:
Medium
Application Number:
Q/ONL/2016/2635
Date Received by Council:
20 June 2016
EXECUTIVE SUMMARY
This is a report on an application for a new on-licence. The criteria found at section 105 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application. The application has resulted from the establishment of a new business of the premises. The applicant is seeking conditions consistent with the style of on-licence for the area and as such 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 of the Act. The applicant has applied for an On Licence to enable them to specifically operate a Class 2 Restaurant style premises and has paid the appropriate risk based fee for this style of licence. The applicant has agreed to the conditions attached. No public objections have been duly made. The police do not oppose this application. The Medical Officer of Health (MOH) has reported with opposition to this application. The inspector does not oppose this application.
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3.
APPLICANT
3.1
Applicant • • •
3.2
The applicant is a private company and is incorporated under the Companies Act 1993. James Arnott and George Eason are both directors of the company. A general discussion was held with the applicant on Monday 22 August 2016. The applicant is aware of its responsibilities under the Act.
Comment There is no reason to believe that the applicant is not suitable to hold a licence. There are no concerns with goods and/or services the applicant provides at the premises.
4.
PREREQUISITE CERTIFICATES
4.1
Planning Certificate A planning certificate is attached. That certificate shows that the proposed use of the premises meets the requirements of the Resource Management Act 1991.
4.2
Building Certificate A building certificate is attached. That certificate shows that the proposed use of the premises meets the requirements of the building code.
5.
OBJECTIONS AND EXTERNAL REPORTS
5.1
Public Notice The application was publicly notified in the public notices website on the following dates: • First Notice 16 June 2016 • The application was publicly notified in the Auckland City Harbour News on the following dates: • First Notice 22 June 2016 • Second Notice 29 June 2016 The objection period expired on:
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5.2
Objections No objections have been received following the public notification.
5.3
Police Report Police reported on the application on 20 June 2016. That report does not oppose the application.
5.4
Medical Officer of Health Report The MOH reported on the application on 8 July 2016. That report does oppose the application. I draw the chairs attention to the attached MOH report.
6.
PREMISES
6.1
Details • •
6.2
The principal entrance is accessed from: Victoria Street West and Federal Street. Owner’s consent is attached in support of the application.
Licensed Area The layout of the premises is open. The whole interior and exterior (Private land) area of the premises is undesignated. The defined area is more precisely identified on the plan date stamped as received by Auckland Council on 20 June 2016.
6.3
Previous History The premises have not previously traded.
6.4
Site Inspection I visited the premises on Monday 22 August 2016 at approximately 10.00am and met James Arnott. James Arnott is the owner of the business. The premises were still under construction when I visited the premises. The required signage was not displayed due to the on-going construction. At the site visit, I discussed with James about being licensed till 4am the following day. I asked James if he would consider reducing the hours to be the same as their premises on Fort Street. James informed me that they were happy to stay with the licensed hours of 8am to 4am the following day.
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The inspector will conduct a compliance visit once the premises are operating. 6.5
Comment The inspector does not oppose the design and layout of the premises. The applicant appears to have appropriate systems, staff, and training to comply with the law.
7.
ENVIRONMENTAL SCAN
7.1
Introduction The premises are located on Victoria Street West in the Auckland Central Business District (CBD). The premises are within the 24/7 alcohol ban zone for the Auckland CBD.
7.2
Neighbouring Land Use The premises are surrounded by bars, cafes, restaurants, corporate businesses, entertainment venues and hotels. There are numerous licensed premises located within the vicinity of the premises. The Skycity is located 83 metres west of the premises. The Skycity is a world class entertainment complex that has 18 bars and restaurants, two hotels, theatres and a casino. The Auckland District Court is 170 metres from the premises. The Auckland Council central building is situated at 135 Albert Street, Auckland CBD. The council building is approximately 240 metres south of the premises. The Viaduct, Princes Wharf and Britomart are a walking distance from the premises.
7.3
Proximity to Sensitive Sites Within a 300 metre radius of the premises are two churches, two early childhood centres, two medical centres, three dental centres and one educational facility. Place of Worship − St Patrick’s Cathedral, 43 Wyndham Street, Auckland CBD − St Matthews in the City, 187 Federal Street, Auckland CBD Early Childhood Centres − TVNZ Educare Centre, 100 Victoria Street West, Auckland CBD − Lollipops Educare, 92 Albert Street, Auckland CBD Educational Facility − Media Design School, 92 Albert Street, Auckland CBD Medical Centres − The Fono, Level 2, 33 Wyndham Street, Auckland CBD − Auckland City Medical Centre, 8 Albert Street, Auckland CBD Dental Centres − Lumino The Dentist, 85 Albert Street, Auckland CBD − Apex Dental, Lester Building, 7 Floor, Unit B, 9 Victoria Street East, Auckland CBD
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− 7.4
Queen Street Dental Care, 87 Queen Street, Auckland CBD
Current and Potential Levels of Noise, Nuisance and Vandalism As the premises have not yet commenced operation, there are no reports available in relation to loitering, graffiti or anti-social behaviour.
7.5
Visual Amenity The premises are still under construction. There was no graffiti or any evidence of rubbish at the time of the site inspection.
7.6
Comment There is no reason to believe that the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence.
8.
DISCUSSION
The applicant forwarded me an email between him and the MOH. That email is dated 22 August 2016. I responded to the applicants email on the 24 August 2016. I emailed the applicant about my concerns in regards to the licensed hours being till 4am. I highlighted in my email that being licensed till 4am in the morning in my view does not achieve the object of the Act. I also stated in my email to the applicant that if food is the principle activity of the business, why is there a need to be licensed to sell alcohol until 4am in the morning. I made it clear to the applicant in my email that it is common for the style of premises that they are operating to be licensed till 2am. This means that they are still able to be open to sell food after 2am. I sent an email to the applicant on the 30 August 2016, asking if they can respond to my email sent on 24 August 2016. The applicant replied to my email on 5 September 2016. The applicant stated in their email that they were happy to amend their hours to 7am – 2am and they will create management systems on how to deal with operations outside the licensed hours to sell alcohol. I replied to the applicant on 6 September 2016 and advised them that due to the national default hours, their licensed hours will be 8am to 2am the following day. A copy of the emails is attached to this file.
9.
CONCLUSION AND CONDITIONS
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9.1
Conclusion The inspector has inquired into the application, and based on the information provided, the application meets the criteria in the Act. Subject to no new or contrary evidence being presented, the inspector does not oppose this application.
9.2
Conditions The applicant has agreed in writing (copy attached) that the following conditions best suit the way they intend to operate the On Licence for the premises. The recommended conditions are as follows: (a) (b)
No alcohol is to be sold on the premises on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day to any person who is not present on the premises to dine. Alcohol may be sold only on the following days and during the following hours: On such days and during such hours as the premises are being operated as a Class 2 RESTAURANT but not other than on the following days and hours: Interior & Exterior (Private land) Monday to Sunday
8.00am to 2.00am the following day
(c)
Drinking water is to be freely available to customers from water stations.
(d)
The following steps must be taken to promote the responsible consumption of alcohol: (i)
(e)
The licensee must ensure that all staff comply with the host responsibility plan submitted with the application for an on-licence detailing the steps to be taken by the licensee to ensure a safe drinking environment.
The following steps must be taken to ensure that the provisions of the Act relating to the sale of alcohol to prohibited persons are observed: (i)
Ensure that no intoxicated persons are allowed to enter or to remain on the premises.
(ii)
(f)
Ensure that appropriate signs are prominently displayed detailing the statutory restrictions on the supply of alcohol to minors and intoxicated persons adjacent to every point of sale. The whole interior and exterior (Private land) area of the premises is UNDESIGNATED.
Prepared by
Nathan Tanevesi Alcohol Licensing Inspector
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Alcohol Harm Prevention Unit Auckland City District Police PO Box 92-002, Auckland 1142 Ph: 353 0892 Fax: 309 6826
20 JUNE 2016 The Secretary Auckland District Licensing Committee Private Bag 92-300 AUCKLAND
Dear Sir Q/ONL/2016/2630: VELVET BURGER FEDERAL STREET LIMITED: VELVET BURGER: THIS APPLICATION HAS BEEN INQUIRED INTO BY POLICE. I NOTE THAT THE APPLICANT HAS SOUGHT HOURS OF 7AM TO 4AM, 7 DAYS A WEEK. IT APPEARS THE APPLICANT IS UNAWARE THAT THE DEFAULT TRADING HOURS ARE 8AM UNTIL 4AM THE FOLLOWING DAY. THE APPLICATION IS NOT OPPOSED.
Gary WHITTLE Authorised OFFICER Auckland City District Police DHQ E-MAIL:
[email protected] DDI: 353 0892
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