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)

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. The Medical Officer of Health has opposed the application and considers that the single alcohol area does not limit exposure of alcohol so far as is reasonably practicable. It should be noted that that opposition was made prior to this store becoming a ‘dark store’ and processing online orders only.

During my inspection I noted that the part of the single alcohol area that the MOH is opposed to has changed configuration as against the submitted plan. As the photo below shows the shelving shown on the plan at the top right-hand corner of the single alcohol area is no longer there. This has opened up the visibility of the alcohol stacked in the shelving at the end of the aisle opposite. The packs of Heineken and Becks beer stacked at the very end of the aisle does nothing to minimise the exposure of shoppers to alcohol. For those reasons, I oppose the single alcohol area.

This is all rather academic however as there are no customers to be exposed to alcohol which rather supports my contention that this is not a supermarket as envisaged by Parliament, given that all supermarkets must have a single alcohol area that minimises exposure of shoppers to alcohol promotion and display.

View of end of the single alcohol area (right hand side of the plan) (16.3.2021)

5.3 Trading history

The premises have been inspected four times in the last four years, including a Controlled Purchase Operation. No issues were identified during those inspections.

I visited the premises on 16 March 2021 at approximately 11.14am.

11 • A manager was on duty. The manager’s name was displayed. • A copy of the licence was displayed near what used to be the main customer entrance but was covered up by stacked boxes. However, there are no customers to view the licence. • Signage regarding minors and intoxication was not displayed as required by the licence, by the points of sale, as there are no longer any points of sale.

It is not known if the applicant has appropriate systems, staff, and training to comply with the law in relation to the sale of alcohol to customers in store as customers no longer shop in store.

6. Environmental scan

6.1 Introduction

The premises are located in a shopping and residential area of Grey Lynn. The premises are not within an alcohol ban area. The nearest residential buildings are approximately 30 metres away.

6.2 Visual amenity

The premises building is well kept from the outside. The carpark has a large fenced off area for delivery trucks to park and to back up to the premises to be loaded with orders from a covered area that has been added to the premises for the purpose.

View of the loading area in the carpark of the premises (16.3.2021)

6.3 Licensed days and hours sought

12 The licensed days and hours sought are 7am to 11pm Monday to Friday. There is no information to suggest that these licensed hours have had a negative impact on the locality or on alcohol-related harm while the premises have been trading.

6.4 Comment

There is no reason to believe that the amenity and good order of the locality would be likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence

7. Conclusion

7.1 Conclusion

In summary, based on the information stated in this report, I oppose the application as the premises is no longer a supermarket and so is not premises for which an off- licence can be renewed, in terms of sections 32(1)(e) and125 of the Act.

I also do not believe that the display of alcohol at the end of aisles and shelving at the right-hand side of the plan of the single alcohol area minimises the exposure to shoppers of displays of alcohol. As stated earlier though this is rather academic as the premises has no shoppers to be exposed.

14 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.

15 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

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.

16 5. The premises

5.1 Kind of premises

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 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

A typical aisle with a staff member ‘picking’ an order (16.3.21)

A view to what was previously the checkout and customer service area (16.3.2021)

5.2 Single alcohol area

View of end of the single alcohol area (right hand side of the plan) (16.3.2021)

5.3 Trading history

The premises have been inspected four times in the last four years, including a Controlled Purchase Operation. No issues were identified during those inspections.

I visited the premises on 16 March 2021 at approximately 11.14am.

20 • A manager was on duty. The manager’s name was displayed. • A copy of the licence was displayed near what used to be the main customer entrance but was covered up by stacked boxes. However, there are no customers to view the licence. • Signage regarding minors and intoxication was not displayed as required by the licence, by the points of sale, as there are no longer any points of sale.

It is not known if the applicant has appropriate systems, staff, and training to comply with the law in relation to the sale of alcohol to customers in store as customers no longer shop in store.

6. Environmental scan

6.1 Introduction

The premises are located in a shopping and residential area of Grey Lynn. The premises are not within an alcohol ban area. The nearest residential buildings are approximately 30 metres away.

6.2 Visual amenity

View of the loading area in the carpark of the premises (16.3.2021)

6.3 Licensed days and hours sought

21 The licensed days and hours sought are 7am to 11pm Monday to Friday. There is no information to suggest that these licensed hours have had a negative impact on the locality or on alcohol-related harm while the premises have been trading.

6.4 Comment

There is no reason to believe that the amenity and good order of the locality would be likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence

7. Conclusion

7.1 Conclusion

23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 From: [email protected] on behalf of [email protected] To: Alcohol Central Area One Subject: 8220051593 - COUNTDOWN GREY LYNN (OFFR) - General Distributors Ltd Date: Friday, 28 February 2020 9:15:20 AM

28February 2020 The Secretary District Licensing Committee Private Bag 92-300 Wellesley Street Auckland 1142

Dear Sir / Madam

This application has been inquired into. It is not opposed. Marius Snetler Constable MSZ754 Alcohol Harm Prevention Tamaki Makaurau Administration Team

E [email protected]

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68 Wednesday, 18 March 2020 Your Reference: 8220051593

Alcohol Licensing Auckland Council - Central Private Bag 92300 Auckland 1142

Dear Sir/Madam

SALE AND SUPPLY OF ALCOHOL ACT 2012: Application For OFF Licence: Renewal

COUNTDOWN - GREY LYNN CENTRAL : 144 WILLIAMSON AVENUE, GREY LYNN

The Medical Officer of Health (MOH) wishes to raise matters in opposition related to the single alcohol area (SAA) as described in the proposed plan attached with the renewal application.

The MOH considers that the proposed SAA does not limit exposure so far as is reasonably practicable because the end of aisle display between aisles 2 and 3, facing the rear thoroughfare of the premises, increases the exposure of alcohol.

In the previous renewal, in 2017, it was agreed by the GDL representative that this end of aisle stack display would become a sideways facing shelving unit as per the proposed SAA floor plan in this application. This, in conjunction with other changes, is why the MOH withdrew their opposition.

The MOH contends that because the applicant has not undertaken the changes agreed to also raises issues in relation to the suitability of the applicant.

Therefore it may be necessary for section 117 to be utilised to impose conditions related to the SAA if conditions are reasonable and not inconsistent with the Act. The MOH considers that conditions under section 117 may be necessary to appropriately limit the exposure of alcohol and properly constitute a SAA.

Yours faithfully

Stephen Galvin for Medical Officer of Health Auckland Regional Public Health Service

Auckland Regional Public Health Service Cornwall Complex, Floor 2, Building 15 | Greenlane Clinical Centre, Auckland |Private Bag 92 605, Symonds Street |Auckland 1150, New Zealand Telephone: +64 9 623 4600 | Fax: +64 9 623 4665 | www.arphs.govt.nz 69 Important - Please highlight your individual notice before sending to the District Licensing Committee.

8th March 2020 – Sunday Star Times

70 Important - Please highlight your individual notice before sending to the District Licensing Committee.

15th March 2020 – Sunday Star Times

73 74