I hereby give notice that a meeting will be held on: Date: Tuesday 9 February 2021 Time: 9:30am Meeting Room: Crosslands Lounge Venue: Mary Thomas Centre 3 Gibbons Road Takapuna THE AUCKLAND DISTRICT LICENSING COMMITTEE APPLICATION FOR SPECIAL LICENCE BY JOYLAB GROUP AT TAKAPUNA BEACH RESERVE, THE STRAND, TAKAPUNA TO TRADE AS WATERBOURNE - BEACHED MUSIC 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 Special Licences application by Joylab Group for premises situated at Takapuna Beach Reserve, The Strand, Takapuna Auckland to trade as Waterbourne -Beached Music. Alcohol Licensing Inspector’s Report Page 5 Application Page 18 Police Report Page 70 Medical Officer of Health Report Page 72 Public Notice Page 74 Report on an Application for Special Licence under section 141(2) of the Sale and Supply of Alcohol Act 2012 To: District Licensing Committee From: Clare Sturzaker – Alcohol Licensing Inspector Date: 26 January 2021 1. APPLICATION DESCRIPTION Application and Property Details Applicant’s name: Joylab Group Limited Site address: Takapuna Beach Reserve, The Strand, Takapuna, Auckland 0622 Trading name: Waterbourne Application number(s): 52000265425/8220059253 Lodgement date: Original application – 9 September 2020. Amended application – 17 November 2020. Third Run Sheet – 8 December 2020 Event Date: Saturday, 13 March 2021 from 12.00midday to 9.45pm Event: Waterbourne – Beached Music (R18) Event Times: 12.00midday to 9.45pm. The sale of alcohol to cease at 9.15pm with consumption to cease at 9.45pm 2. EXECUTIVE SUMMARY Joylab Group Limited applied to the Auckland Council for a special licence on 9 September 2020 with an amended application being received on the 17 November 2020. A further amended run sheet was received on the 8 December 2020 from Liesl Dawson, Event Operations Manager ATEED, to Bryce Law, team leader alcohol licensing North-West. The criteria found at section 142 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to this application. 5 The applicant is seeking a special licence for an R18 ticketed music event, Beached Music, involving a range of music genre from R&B/Soul to Electronic from eight different entertainers, on the 13 March 2021. The event is to be held at Takapuna Beach Reserve, 37 The Strand, Takapuna. The site plan attached with the amended application and third run sheet shows the highlighted licensed area. Attendance for the event is expected to be up to approximately 2,500 patrons throughout the day. This is the first time that this event is to take place. The applicant is the sole provider of alcoholic beverages and a range of low and non-alcoholic beverages at this event. A 10-metre kitchen, operated by Mighty Eats, will be offering a smaller range from their Americano menu; within the licence area other providers, will be supplying food (Sal’s Pizza Food Truck & Poke Poke Food Truck), non-alcoholic beverages, and with Red Badge providing the security for the event. The applicant was asked to publicly notify this event for 10 working days by the Auckland Council. The public notice was displayed from the 29 November 2020 until the 11 December 2020 inclusive. No public objections were received by Auckland Council. Police reported on the application 0n the 1 October 2020. The report is in opposition of the application. The Medical Officer of Health opposed the application in their report on the 29 September 2020. The inspector does not oppose this application. 6 3. THE APPLICANT AND APPLICATION 3.1 Applicant • The applicant is a private company: Joylab Group Limited. • The applicant is aware of its responsibilities under the Act. 3.2 Application • The general nature of the event is a Music Festival. Featuring - Theia – R&B High Hoops - Pop Dual – Electric Sunshine Soundsystem – Music Fusion hip-hop, reggae/dud Marlins Dreaming – Rock Paige – R&B Sachi – Electronic-pop • The event is known as: Waterbourne – Beached Music. • The event will be situated at: Takapuna Beach Reserve. • Owner’s consent is attached in support of the application. • The event is a ticketed event with three ticket groups as follows. $39.00 for group tickets of no less than 4 patrons to a group $44.00 for a general ticket $100.00 for a VIP Rooftop bar ticket • The following manager will be employed at the event: Andrew Paul Ruzich 007/CERT/36/2017, expires 27 June 2023 A complete staff list will be sent to the agencies once the applicant has confirmed staff working the event. 3.3 Defined Area The licensed area includes the whole of the inside fenced area as shown on the plan attached with the applications and run sheet. The area will be fenced with 1.8m high fencing and monitored by security for the duration of the special licence. As per the plan date stamped 17 November 2020, from the amended application. 3.4 Previous History This is the first time this event has taken place. 7 There will be a Police presence throughout the day and evening for the duration of the special licence. 3.5 Comment There is no reason to believe that Joylab Group Limited is not a suitable applicant to hold a licence as all discussions to date have led me to believe that the applicant has sound experience in running a large-scale event at this level. There is no concern as to other goods and/or services that the applicant needs to provide at this event. There is no opposition to the design and layout of the event. The applicant appears to have appropriate systems, staff, and training to comply with the law. 8 4. PREREQUISITE CERTIFICATES Planning and building certificates were not submitted with the application. If the event is determined to be a large-scale event by the Committee, they may request planning and building certificates under section 143(1)(b) of the Act. The promoter, Laurence Carey, has had to obtain resource consent for Takapuna Beach Reserve as even though this is a single event on its own.