the auckland district licensing committee

I hereby give notice that a meeting will be held on:
Date:
Time:
Meeting Room:
Venue:
Wednesday 30 September 2015
9:30am
Council Chamber
Takapuna Service Centre
Level 3
1 The Strand, Takapuna
THE AUCKLAND DISTRICT
LICENSING COMMITTEE
APPLICATION FOR OFF-LICENCE
BY ALBANY FOOD WAREHOUSE LIMITED AT
139-163 DON MCKINNON DRIVE, ALBANY,
AUCKLAND TO TRADE AS PAK N SAVE
ALBANY
MEMBERS
Chairperson
Member
Member
Gavin Campbell
Pamela Peters
Michael Goudie
Wendy Stephenson
DEMOCRACY ADVISOR HEARINGS
Contact Telephone: 09 890 8159 or 021 708
832
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 Democracy Advisor Hearings 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.
Scheduling objectors to be heard
Approximately one week prior to the hearing, a timetable for all objectors who have returned
their hearing attendance form will be prepared. Please note that during the course of the
hearing, changing circumstances may mean that the proposed timetable is delayed or
brought forward. Objectors wishing to be heard are therefore requested to ensure that they
can be available to attend the hearing and present their evidence, as and when they may be
required. The Democracy Advisor - Hearings will advise objectors, at the earliest possible
opportunity, on any changes to the timetable.
The Hearing Procedure
The usual procedure for a District Licensing Committee Hearing is:
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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.
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 Albany Food Warehouse Limited for an Off-licence, at 139-163
Don McKinnon Drive, Albany, Auckland
The following papers are provided in relation to an Off-licence application by Albany
Food Warehouse Limited for premises situated at 139-163 Don McKinnon Drive,
Albany, Auckland Auckland to trade as Pak n save Albany.
Liquor Licensing Inspector’s Report
Page 5
Application
Page 14
Police Report
Page 37
Medical Officer of Health Report
Page 38
Public Notices
Page 39
Supporting Documents
Page 43
Report on an Application for
Renewal of Off-licence
under section 103(2) of the Sale and Supply of Alcohol Act 2012
To:
District Licensing Committee
From:
Dougal Elvin - Alcohol Licensing Inspector
Date:
30 July 2014
1.
APPLICATION DESCRIPTION
1.1.
Application and Property Details
2.
Application Number(s):
007/OFF/25/2011
Site Address:
139-163 Don McKinnon Drive, Albany, Auckland, 0632.
Applicant’s Name:
Albany Food Warehouse Limited
Lodgement Date:
13 June 2014
Classification:
Supermarket – High Risk
EXECUTIVE SUMMARY
Albany Food Warehouse Limited applied to the Auckland Council to renew off-licence
007/OFF/25/2011 on 13 June 2014. The criteria found at section 131 of the Sale and
Supply of Alcohol Act 2012 (the Act) apply to this application.
The premises are known as PAK N SAVE ALBANY and are that of a supermarket offlicence. The premises are situated at 139-163 Don McKinnon Drive, Albany, Auckland,
0632, which is on the North Shore. There is no reason to believe that the renewal of this
licence will disadvantage any neighbouring landowner or occupier.
The applicant does not seek any changes to the licence. I consider that the sale and supply
of alcohol under these conditions is consistent with the purpose of the Act and meets the
criteria at section 131.
The Ministry of Health has opposed this application. The inspector and the police do not
oppose this application.
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3.
THE APPLICANT, APPLICATION AND UNDERTAKINGS
3.1.
Applicant
• The applicant is a private company: Albany Food Warehouse Limited.
• A general discussion was had with the applicant on 9 July 2014.
• The applicant is aware of its responsibilities under the Act.
3.2.
Application
•
•
•
•
•
This application was received on 13 June 2014.
The existing licence expires on 29 July 2014.
The general nature of the business is that of a supermarket.
This application seeks no changes to the present conditions.
The following managers are employed at the licensed premises:
Paul Blackwell
Liam Barrett
Geoff banks
Yew Hsin Cheng
Dinesh Chand
Paul Dobbs
Jamie Eru
Michael Field
Laurie King
Wey Tsong Lim
Mark McAdams
Bob McCloughen
Sam Cockroft
Harry Rain
Shampreet Sekhon
Mick Whiter
Stuart Hulse
Andrea Heasman
3.3.
MGR/685/1993
007/297/2013
005/97/2008
005/169/2002
005/196/2008
005/278/2005
007/126/2013
005/281/2005
005/186/2010
005/188/2010
007/210/2011
007/51/2012
007/359/2013
005/98/2008
007/366/2012
005/280/2005
GM/007/250/2011
007/cert/100/2014
Undertakings
The applicant has not given any undertakings.
3.4.
Comment
There is no reason to believe that Albany Food Warehouse Limited is not a suitable
applicant to hold a licence. There is no objection to other goods and/or services the
applicant provides at the premises.
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4.
ENVIRONMENTAL SCAN
4.1.
Introduction
Pak’ n Save Albany is an independently owned franchised supermarket situated in Albany
within the Westfield Mall site. Pak’ n Save claim to aim to provide New Zealand’s lowest
food prices. The store is distinguishable by its yellow and black store branding.
This store is situated within the Albany Westfield shopping area; although not in the actual
mall, it is situated adjacent to the mall and within the boundaries of Don McKinnon Drive.
In 2008 the Albany Westfield shopping mall was once New Zealand’s largest shopping site.
Westfield Albany provides over 2,000 car parking spaces for around 150 specialty stores,
as well as a large-format two floor 10,000 m² Farmers, a Kmart and a New World, and also
contains an Event Cinemas multiplex cinema and a 560 seat food court which includes
major fast food franchises.
4.2.
Neighbouring Land Use
Within a 250 metre radius there is only one other licensed premises, which is a café with an
on-licence. However marginally beyond this radius there are several licensed premises
within Westfield Mall, including a Cinema, a café, a restaurant, two taverns and a New
World Supermarket.
The supermarket stands alone on the edge of Westfield Mall and is surrounded by car
parking. Behind the supermarket is an AMI Insurance Office and a Westpac bank. Pak’ n
Save also have their own petrol station. Opposite the store and across Don Mckinnon Drive
is a further shopping area primarily dedicated to the larger stores such as Kathmandu, Noel
Leeming and the Warehouse.
4.3.
Proximity to Sensitive Premises
There are no sensitive sites within a 250 metre radius.
4.4.
Current and Potential Levels of Noise, Nuisance and Vandalism
There are no reports from the police and no visual signs of crime in the local vicinity. There
is no information to suggest the supermarket is associated with criminal behaviour.
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4.5.
Visual Amenity
There is no visual evidence of anti-social behaviour such as discarded RTD bottles, cans or
litter to indicate the parking facilities are being used to pre-load.
4.6.
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.
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5.
PREMISES
5.1.
Details
●
The premises are situated at: 139-163 Don McKinnon Drive, Albany, Auckland, 0632.
●
The principal entrance is accessed from: Car park off Don McKinnon Drive.
The premises’ name is: PAK N SAVE ALBANY .
●
5.2.
Kind of Premises
An off-licence may be issued 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 1991.
5.4.
Previous History
The premises were inspected once in the last 12 months. There were no compliance issues
found during those inspections.
5.5.
Site Inspection
The Inspector visited the premises on 9 July 2014 at approximately 5.20 pm. 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 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. The
manner in which the applicant has sold, displayed, advertised or promoted alcohol has not
caused concern for the Inspector or the Police. However the Ministry of Health has
opposed the renewal of this licence.
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6.
OBJECTIONS AND EXTERNAL REPORTS
6.1.
Public Notice
The application was publicly notified in the North Shore Times and the Alcohol Notices
Website on the following dates:
•
•
6.2.
First Notice
Second Notice
20 June 2014
27 June 2014
Objections
No objections have been received following the public notification.
6.3.
Police Report
Police reported on the application on 24 June 2014. That report does not oppose the
application.
6.4.
Medical Officer of Health Report
The Medical Officer of Health reported on the application on 9 July 2014.
That report opposes the application.
The Medical Officer of Health opposes the renewal of the off licence as she believes the
proposed “single alcohol area” within the plans provided for these premises will not meet
the requirements of section 112(1) of the Sale and Supply of Alcohol Act 2012.
However; the medical officer of Health wishes to advise she does not require being present
at the hearing.
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7.
DISCUSSION
As the Inspector, I am not opposed to the renewal of this licence.
Section 112(1)
The purpose of this section and sections 113 and 114 is to limit (so far as is reasonably
practicable) the exposure of shoppers in supermarkets and grocery stores to displays and
promotions of alcohol, and advertisements for alcohol.
My observations indicated there were no promotions or any signs of alcohol upon the
entrance of the store. Whilst walking round the store I saw no alcohol until I reached the
one area where alcohol is available for purchase.
It is clearly obvious that the exploitation of consumer behaviour psychology is utilised in
determining where items are placed within a supermarket.
There were no alcohol displays, alcohol promotions or advertisements between the main
body of the store and the checkout tills.
I also considered the items that are generally purchased on a daily basis such as bread and
milk as these items if situated close to alcohol would unnecessarily expose shoppers to
alcohol.
The milk is situated at the rear of the store and therefore a shopper must pass several
aisles and many lines of food products in order to reach the milk. Such product placement
is deliberate in order to expose the shopper to as many food items as possible in the vain
hope the shopper will pick more items on their journey to the purchase the milk. However a
shopper does not have to pass the alcohol area to reach the milk.
Bread is normally placed at the rear of store for exactly the same reason. Pak’ n Save
Albany has the bread at the front of the store close to the alcohol section. I immediately
questioned such a decision and was informed the bread was situated at the front of the
store due to customer feedback. Shoppers didn’t like the fact they had to go to the rear of
the store to choose their bread only to have it crushed and distorted by the weight of other
items on top of the bread by the time they reached the checkout tills.
Consequently Pak’ n Save placed the bread at the front of the store to minimise this
problem and make sure as best they could the bread is situated on top of the shopping
trolley on the way to the tills and hence prevent the bread from being distorted.
Even though the bread section is close to the alcohol section I do not feel a shopper will be
compelled to purchase alcohol as there is no direct or indirect correlation between bread
and alcohol, except for in the religious sense.
Therefore it is my belief that the store has gone above and beyond in order to satisfy the
needs of the Sale and Supply of Alcohol Act 2012 and moved all its alcohol to one area,
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away from the entrance and exits and removed all displays, promotions and advertisements
in those prominent areas that exploit consumer behaviour.
There are no promotions or advertisements for any non-alcoholic products inside the
alcohol area.
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8.
RECOMMENDATION AND CONDITIONS
8.1.
Recommendation
The inspector has inquired into the application, and based on the information provided, the
inspector believes the application meets the criteria in the Act. Subject to no new or
contrary evidence being presented, the inspector does not oppose this application. The
police do not oppose this application; however the Ministry of Health do.
8.2.
Conditions
The current conditions are as follows:
•
Monday to Sunday:
•
The whole of the premises is to be undesignated.
•
I recommend the standard condition be applied to this licence.
•
The current conditions are consistent with this type of off-licence.
•
No changes to these conditions have been sought by the applicant or the reporting
agencies.
7.00 am to 11.00 pm.
Prepared by
...................................................
Dougal Elvin
Alcohol Licensing Inspector
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Waitematä Police District
North Shore Policing Centre
P O Box 102912 (52 Parkway Dr)
MAIRANGI BAY
Telephone
09 489 1391
24th June 2014
The Secretary
District Licensing Agency
c/- Auckland Council
Private Bag 92300
AUCKLAND 1142
Dear Sir/Madam
REPORT ON APPLICATIONS
The following application has been vetted.
application.
The Police offer NO OPPOSITION to the
Council Reference
Number: 007/OFF/25/2011
Applicant Name: Pak n Save
Albany
Address: 139-163 Don
McKinnon Dr, Albany
Any information passed on to the Auckland Council from the New Zealand Police
Department relating to named individuals applying for licences under the Sale and Supply
of Alcohol Act 2012 shall only be used for that purpose. The New Zealand Police will not
accept any liability for the misuse of that information by any party.
Should you require any further information in relation to this application, please contact me
at the North Shore Police Centre 489 1391
Yours faithfully
Sam McErlean
Sergeant 8605
Alcohol Harm Prevention Officer
North Shore Police
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Auckland Regional Public Health Service
Cornwall Complex, Floor 3, Building 15
Greenlane Clinical Centre
Private Bag 92 605
Symonds Street
Auckland 1150
New Zealand
Telephone:
09 623 4600
Facsimile:
09 623 4665
Website:
www.arphs.govt.nz
9 July 2014
Your Reference: 007/OFF/25/2011
The Liquor Licensing Inspector
District Licensing Agency
North Shore City Council
Private Bag 93 500
Takapuna
Auckland 622
Dear Sir/Madam
SALE AND SUPPLY OF ALCOHOL ACT 2012: Application For OFF Licence:
Renewal
PAK N SAVE - ALBANY : 139-163 DON MCKINNON DRIVE, ALBANY
This letter is to advise you that the Medical Officer of Health opposes the renewal off licence
application for PAK’nSAVE Albany. The Medical Officer of Health believes that the proposed
“single alcohol area” within the plans provided for this premises will not meet the requirements of
Sections 112(1) of the Sale and Supply of Alcohol Act 2012 (SaSAA 2012).
Section 112(1) of SaSAA 2012 states that the purpose of the single alcohol areas “is to limit (so
far as is reasonably practicable) the exposure of shoppers in supermarkets and grocery stores
to displays and promotions of alcohol, and advertisements for alcohol”.
The plans provided and my observation at the premises on 26 June 2014 show that the end-ofaisle alcohol displays are visible on five occasions when shoppers progress through all the
aisles as many of them will do. This is considered excessive alcohol exposure to shoppers.
The Medical Officer of Health will consider withdrawing her opposition if the end-of-aisle alcohol
displays are permanently removed to achieve compliance. Alternatively, she would like to
maintain her opposition and wishes to advise that she does not require to present at hearing in
this instance.
Yours faithfully
Ying Li
for Medical Officer of Health
Auckland Regional Public Health Service
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This map/plan is illustrative only and all information
should be independently verified on site before taking
any action.Copyright Auckland Council. Land Parcel
Boundary information from LINZ (Crown Copyright
Reserved). Whilst due care has been taken, Auckland
Council gives no warranty as to the accuracy and
completeness of any information on this map/plan and
accepts no liability for any error, omission or use of
the information.Height datum: Auckland 1946.
Pak' n Save Albany
250 metre
Date: 30-7-2014
43
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From:
To:
Cc:
Subject:
Date:
Attachments:
Ying Li (ADHB)
DLC Hearings
Denise Barnfather (ADHB); Angela Culpin (ADHB)
RE: MOH opposition to Pak N Save and New World
Monday, 25 August 2014 2:55:00 p.m.
image001.jpg
Hi Matthew,
Thank you for your email.
We maintain our opposition to both New World and Pak N Save Albany.
For New World Albany, we will appear at the hearing. However, we do not wish to present at the
hearing for Pak N Save Albany.
Should you have further queries please do not hesitate to contact me.
Kind regards
Ying Li | Compliance Officer
Auckland Regional Public Health Service
Cornwall Complex, Building 15 – Level 2, Greenlane Clinical Centre, Auckland
Tel: 09-623 4600 x27191 | Fax: 09-623 4665 | Mob: 021 517 236
Email: [email protected] | Website: www.arphs.govt.nz
Our vision: Tamaki Makaurau - protecting population health, promoting future wellbeing
CONFIDENTIALITY: The information contained in this email 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, disclose, copy, distribute or use the information in any way. If you have received this message
in error please notify the sender immediately and then delete this email message. Thank you.
From: DLC Hearings [mailto:[email protected]]
Sent: Monday, 25 August 2014 12:09 p.m.
To: LiquorLicence
Subject: MOH opposition to Pak N Save and New World
Good afternoon
Please see the inspectors reports attached for New World and Pak n Save Albany.
Could you please advise if the opposition still stands and if so does the MOH wish to
attend a hearing.
Kind regards,
Matt
Matthew Foster | Democracy Advisor
Hearings | Democracy Services
Ph 307 7317 | Ext (40) 7317 | Mobile 021 840 547
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