Mayor and Councillors Manager Regulatory Services

Transcription

1 Decision Report To: From: Mayor and Councillors Manager Regulatory Services Date: 13 th July 2016 File reference: Meeting date: 31 August 2016 Subject: Annual report to the Alcohol Regulatory and Licensing Authority Period ending 30 th June 2016 Recommendation: THAT the report be, and THAT the annual Hauraki District Licensing Committee report be submitted to the Alcohol Regulatory and Licensing Authority, Wellington. Purpose Section 199 of the Sale and Supply of Alcohol Act 2012 requires a report to be submitted prior to the 30 th September 2016 from the District Licensing Committee (DLC) to the Alcohol Regulatory and Licensing Authority (ARLA) covering the period ending 30 th June Overview of DLC Workload Membership of the Hauraki District Council District Licensing Committee has not changed with the following serving members continuing:- Councillor Paul Milner, the Chairperson, Councillor Gill Leonard, Deputy Chairperson and the three independent persons Mary Carmine, Denis Taylor and John Goodman. The committee presided over two formal DLC contested license applications on 10 th September 2015 an Off Licence renewal for New World and another Off Licence renewal for Waitakaruru Country Store on 25 February The DLC Chairperson has been kept busy reviewing and approving uncontested license applications throughout the period. Local Alcohol Policy The Council three appeals to the Provisional LAP from Progressive Enterprises Ltd, Super Liquor Holdings Ltd, and Liquorland Ltd relating to the Policy s Off Licence conditions. The New Zealand Police, Waikato Population Health and Food Stuffs Ltd joined the proceedings as interested parties. Council has worked with ARLA and the appellants to resolve the appeals to the Policy. The Council s legal counsel presented the amended Provisional LAP, as agreed upon by all parties, to the Judge of the Alcohol Regulatory and Licensing Authority (ARLA) on 4 February Page 1 of 8

2 2015. The Judge asked for submissions from legal Counsel on the appropriate process to approve a Provisional LAP. In April/May 2015 the Council re-consulted with original submitters to the Draft LAP to establish if those submitters wanted to join the proceedings as interested parties. No other submitters joined the proceedings. The Council s legal counsel submitted the same Provisional LAP to the ARLA with a joint memorandum of all parties at the end of May After consideration of the Provisional LAP the ARLA indicated it had concerns with the reworded density provision (clause 4.4 Further issuing of off-licences in the District). Progressive Enterprises Ltd made a legal submission on this matter to the ARLA. The ARLA asked for a hearing of submissions on the Provisional LAP scheduled for 3 June 2016 to consider clause 4.4 Further issuing of off-licences in the District. At this hearing the ARLA indicated that the redrafted density clause was ultra vires and recommended new wording. The Judge felt that the wording of the density provision was introducing additional criteria for the licensee to meet that was not permitted by the Act. The Provisional LAP was amended at the request of the Judge and was resubmitted to the ARLA for its final determination. Statistical Information The following is the number of Liquor License applications processed over the last 2015/16 financial year. Table 1- Return to the Alcohol Regulatory and Licensing Authority (ARLA) to June 2016 On-licence, off-licence and club licence applications : Application Type in fee Very Low in Fee Low in Fee Medium in Fee High in Fee Very High On-licence new On-licence variation ON-licence renewal Off-licence new Off-licence variation Off-licence renewal Club licence new Club licence variation Club licence renewal Total Total fee paid to ARLA (GST incl.) $ $ $ $ $- Page 2 of 8

3 Table 2 - Annual fees for existing licences : Licence Type in in in Fee in in fee Fee Fee Fee Very Low Low Medium High Very High On-licence Off-licence Club licence Total Total fee paid to ARLA (GST incl.) $ $ $ $ Table 3 - Manager s certificate application s : Manager s certificate new 40 Manager s certificate renewal 58 Total 98 Total fee paid to ARLA (GST incl.) $2, Table 4 - Special licence applications Class1 Class 2 Class 3 Special licence Table 5 Temporary authority applications Temporary Authority 2 Table 6 Permanent club charter payments Permanent club charter payments 0 Total to be paid to ARLA $ Page 3 of 8

4 Conclusion Again the focus this year has been the settling in of the District Licensing Committee, lobbying associated with the provisional Local Alcohol Policy and the implementation of the requirements of the Sale and Supply of Alcohol Act R T Bierre Manager Regulatory Services Page 4 of 8

5 On, Off Club Licences in the Hauraki District updated 11/04/2016 Table One: Off-Licence Premises, their Physical Location event number (7) Hotel 4 Belmont Road, Four Square 104 Normanby Road, Ohinemuri Club Normanby Road, Liquor Belmont Road, Countdown Belmont Road, Liquor King Normanby Road, Thirsty Liquor 125 Normanby Road (5) Rob Roy Hotel Seddon Street, Superliquor 11 Rosemont Road, Countdown Rosemont Road, New World Rosemont Road, Commercial Hotel Seddon Street, Ngatea (2) Ngatea Hotel Orchard West Road, Ngatea Ngatea Four Square 25 Orchard West Road, Ngatea Kaiaua/ Bay View Hotel 943 East Coast Miranda (2) Road, Kaiaua Miranda Holiday Park 595 Front Miranda Road, Waikino/ Karangahake/ Whiritoa Miranda Ohinemuri Estate Moresby Street, Karangahake Waikino Tavern State Highway 2, Waikino Whiritoa Beach Store 4 Fisherman s Bend, Whiritoa LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR Page 5 of 8

6 Town Premises Name Location Licence reference (5) One3one Restaurant Bar 131 Normanby Road, Hotel 4 Belmont Road, L P Cafe 2 Seymour Street, Sawasdee Thai 130 Normanby Road, Restaurant Tues-Sun 12noon 10pm Kumar s Something Special 76 Normanby Road, LQR LQR LQR LQR LQR LQR (7) Rob Roy Hotel Seddon Street, LQR LQR Ti Tree Cafe 14 Haszard Street, LQR Sterling Hotel 112 Seddon Street, LQR Kava Cafe Bar 40 Seddon Street, LQR Commercial Hotel Seddon Street, LQR LQR Thai Lemongrass Restaurant Seddon Street, Tandoori Chambers 22 Haszard Street, Ngatea (1) Ngatea Hotel Orchard West Road, Ngatea Waitakaruru The Corner Stone 30 SHWY 25 (1) Waitakaruru Kaiaua/ Bay View Hotel 943 East Coast Road, Miranda (2) Kaiaua Kaiaua Fisheries 941 East Coast Road, Kaiaua Waikino (3) Ohinemuri Estate Moresby Street, Karangahake Karangahake (1) Waikino Tavern State Highway 2, Turua Waikino Mangatarata (1) Waikino Station 5 Queen Street, Patetonga (1) Cafe Waikino (rural) (1) Falls Retreat 25a Waitawheta Road, Waikino Water Lily Gardens 441 Pukekauri Road, LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR LQR am 12minight, Monday- Sunday Page 6 of 8

7 Woodturners Cafe 3815 SH 2, Mangatarata Oasis Garden 6 Tramline Road, Restaurant Patetonga LQR am 4pm, Monday-Sunday LQR am 8pm, Monday-Sunday Table Two: On-Licence Premises, their Physical Location and Opening Hours Page 7 of 8

8 Table Three: Club Premises, their physical Location and Opening Hours Town Premises Name Location Opening Hours (8) RSA 69 Belmont Road LQR West RFC Corner Corbett and King Street LQR Centennial Towers Street LQR Park Board (Old Boys) Ohinemuri Club Princes Street LQR LQR Bowling Cnr Riverbank and Te LQR Club Aroha Roads Golf Club 524 Rotokohu Road LQR Thames Deerstalkers Valley 101 Morrison Road, LQR Lawn Tennis and Squash Club Te Aroha, LQR (4) RSA Memorial Seddon Street LQR Bowling Club Clarke Street LQR RFC Kenny Street LQR Golf Club 113 Woodlands Road LQR Ngatea (2) Plains (3) Ngatea RFC Orchard West Road LQR Hauraki Memorial Club RSA 8 Pipiroa Road Ngatea LQR Hauraki Golf Club SH 2, Ngatea LQR Whiritoa (1) Kerepehi (1) Kaiaua (1) Hauraki Club Bowling Hauraki North Rugby Football Club SH 2, Ngatea 701 SHWY 25 Waitakaruru Surf Lifesaving Club Kon Tiki Road, Whiritoa Kerepehi Bowling 202 Kaikahu Road, Club Kerepehi Kaiaua Rural Fire Force 995 East Coast Road RD 3, Pokeno LQR LQR LQR LQR LQR Page 8 of 8