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The Auckland District Licensing Committee Application for Off Licence Renewal by General Distributors Ltd at 144-150 Williamson

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The Auckland District Licensing Committee Application for Off Licence Renewal by General Distributors Ltd at 144-150 Williamson I hereby give notice that a meeting will be held on: Date: Thursday 27 May 2021 Time: 9:30am Meeting Room: Council Chamber Venue: Ground Floor Auckland Town Hall 301-303 Queen Street, Auckland THE AUCKLAND DISTRICT LICENSING COMMITTEE APPLICATION FOR OFF LICENCE RENEWAL BY GENERAL DISTRIBUTORS LTD AT 144-150 WILLIAMSON AVENUE, GREY LYNN TO TRADE AS COUNTDOWN GREY LYNN CENTRAL MEMBERS Chairperson Katia Fraser Member Wilson Young Member Deirdre Hilditch Wendy Stephenson HEARINGS ADVISOR 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 also confirms that they and the committee members don’t have any conflicts of interest and are able to consider the application impartially. 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. Any party intending to give written or spoken evidence in Māori or speak in sign language should advise the hearings advisor at least five working days before the hearing so that an 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 either personally or through a representative. 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, the committee may have questions for them and their witnesses. The chairperson then invites the reporting agencies (Police, Medical Officer of Health and licensing inspector) and any objectors to ask questions. This questioning is called cross-examination. Members of the District Licensing Committee may ask questions to clarify the information presented. • Reporting agencies (Police, Medical Officer of Health and licensing inspector) are then called upon to speak. They can make submissions and are then sworn in (by oath or affirmation) if they are going to present any evidence. The agencies must answer questions from the committee. The applicant and objectors may also ask them questions when it’s their turn to cross-examine • Objectors who wish to speak will be called next. Objectors may speak themselves or 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. Objectors cannot introduce new grounds for objecting but can present evidence to support their reasons for objecting. The committee members or chairperson may question the objector or their witnesses. The applicant and the reporting agencies can also ask questions about the evidence • 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. Should you wish to present written submissions or evidence in support of your application or objection please ensure you provide the number of copies as indicated on your notification letter previously sent to you. At any stage during the hearing, members of the District Licensing Committee may ask questions. 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 Off Licence Renewal application by General Distributors Ltd for premises situated at 144-150 Williamson Avenue, Grey Lynn Auckland to trade as Countdown Grey Lynn Central. Alcohol Licensing Inspector’s Report Page 5 Application Page 24 Police Report Page 68 Medical Officer of Health Report Page 69 Public Notices Page 70 Report on an off-licence renewal application under section 129 of the Sale and Supply of Alcohol Act 2012 To: Auckland District Licensing Committee From: Robert Abbott, Alcohol Licensing Inspector Date: 22 March 2021 1. Application description Applicant’s name: General Distributors Limited Site address: 144-150 Williamson Avenue Grey Lynn Auckland 1021 Trading name: Countdown Grey Lynn Central Kind of premises: Supermarket Risk rating: High (16-25) Application number: 8220051593 Date application made: 26 February 2020 Changes being sought? No 2. Executive summary This is a report on an off-licence renewal application. The criteria found at sections 32(1)(e), 125 and131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to the application. The application was made just over a year ago but due to Covid 19 and a difference of opinion over whether the premises is a supermarket, is only now being reported on. The applicant does not seek any changes to the licence. No public objections have been made. Police do not oppose the application. The Medical Officer of Health opposes the application. I oppose the application due to the premises no longer being a supermarket; the premises have become what the applicant calls a ‘dark store’. I also oppose for the failure to minimise the exposure of shoppers to alcohol in the single alcohol area. 5 3. External reports and public objections 3.1 Police Police reported on the application on 28 February 2020 and do not oppose the application. 3.2 Medical Officer of Health The Medical Officer of Health reported on the application on 18 March 2020 and does oppose the application. The MOH considers that the single alcohol area does not limit exposure of alcohol so far as is reasonably practicable. The MOH also questions the suitability of the applicant due to the applicant not making changes to the single alcohol area as agreed to in 2017. 3.3 Public notices The application has been publicly notified as follows: Type Date Second date (if relevant) alcoholnotices.co.nz 28 February 2020 N/A Sunday Star Times 8 March 2020 15 March 2020 Objection period expiry 20 March 2020 N/A 3.4 Public objections No public objections have been made. 4. The applicant Discussions have been held with the applicant over the last year. The applicant is aware of its responsibility under the Act. The existing licence has no endorsements. I have no concerns with the applicant’s suitability. 6 5. The premises 5.1 Kind of premises At the time the application for renewal of the licence was made the premises was trading as a supermarket, with customers that came to the store to personally do their own shopping by selecting in store the goods they wanted to buy. At that time Countdown supermarkets also provided click and collect services and online ordering and delivery services. However, with the arrival of Covid 19 and the vast expansion in online shopping by the public this premises was closed to the public and became a distribution centre for online orders placed by customers. Alcohol is sold from the premises by way of online sales. Orders are received by the premises and staff then go around the premises selecting the items ordered by the customer. The order is then packed and dispatched to the customer. It is my contention that the premises no longer fit the definition of a “supermarket”. The term supermarket is not defined in the Act, but various dictionary definitions are: “A very large shop that sells food and other products for the home. You go around the shop pushing a trolley and putting things in it, then you pay for your goods at the checkout.” Macmillan dictionary “A self-service retail market selling especially food and household merchandise”. Merriam Webster dictionary “A large shop that sells food, drinks and goods used in the home. People choose what they want from the shelves and pay for it as they leave.” Oxford dictionary “A large self-service store retailing food and household supplies.” Collins dictionary The commonality in all these definitions is that the customer/purchaser enters the premises and selects their own goods and takes them to a checkout. At Countdown Grey Lynn Central no customers enter the premises and any goods sold, including alcohol, are selected, and processed by Countdown staff. The applicant contends that the premises are set up as supermarket, with aisles and goods on display as they would be if customers were allowed in the store and it has the characteristics of a supermarket. It is my contention that the premises although having the appearance of a supermarket inside (absent trolleys and checkouts) is in fact a warehouse distribution centre. As the premises is no longer a supermarket, they are no longer premises for which by virtue of section 32(1)(e) an off licence can be issued, and therefore under section 125 of the Act the Committee must not renew the off-licence. 7 8 A typical aisle with a staff member ‘picking’ an order (16.3.21) 9 A view to what was previously the checkout and customer service area (16.3.2021) 5.2 Single alcohol area The single alcohol area is more precisely identified on the plan date stamped as received by Auckland Council on 28.02.2020.
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