I hereby give notice that a meeting will be held on: Date: Tuesday 8 June 2021 Time: 9:30am Meeting Room: Boardroom Venue: Ground Floor, Auckland Town Hall, 301 Queen Street THE AUCKLAND DISTRICT LICENSING COMMITTEE APPLICATION FOR ON LICENCE RENEWAL BY COOK BROTHERS BARS FORT STREET LIMITED AT 16-20 FORT STREET, AUCKLAND, 1010 TO TRADE AS MR MURDOCHS MEMBERS Chairperson Marguerite Delbet Member Patricia Reade Member Richard Pamatatau Laura Ager HEARINGS ADVISOR Contact Telephone: or 027 247 2794 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. Date: Friday 28 May 2021 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 Cook Brothers Bars Fort Street Limited for an On Licence Renewal, at 16-20 Fort Street, Auckland Central, 1010. The following papers are provided in relation to an On Licence Renewal application by Cook Brothers Bars Fort Street Limited for premises situated at 16-20 Fort Street, Auckland Central, 1010 Auckland to trade as Mr Murdochs. Alcohol Licensing Inspector’s Report Page 5 Application Page 22 Police Report Page 38 Medical Officer of Health Report Page 39 Public Notices Page 40 Objections – See list below Page 75 OBJECTORS: Page 75 Kamal Seth 62 Queen Street Auckland Central Page 77 Bruce and Judith Clements 6A/62 Queen Street Auckland Central Page 81 Patricia Marryatt 2C/62 Queen Street Auckland Central Mark Walker & Body Page 83 Corporate 373645 7C/62 Queen Street Auckland Central Page 3 Report on an on-licence renewal application under section 129 of the Sale and Supply of Alcohol Act 2012 To: Auckland District Licensing Committee From: Scott Evans, Alcohol Licensing Inspector Date: 4 February 2021 1. Application description Applicant’s name: Cook Brothers Bars Fort St Limited Site address: 16-20 Fort Street Auckland Central Auckland 1010 Trading name: Mr Murdochs Style of licence: Tavern Risk rating: High (16-25) Application number: 8220052771 Date application made: 7 April 2020 Changes being sought? No 2. Executive summary This is a report an on-licence renewal application. The criteria found at section 131 of the Sale and Supply of Alcohol Act 2012 (the Act) apply to the application. A waiver has been granted (attached) for the late submission of the application. The applicant does not seek any changes to the licence. Four public objections have been made. Police do not oppose the application. The Medical Officer of Health does not oppose the application. I do not oppose the application. 3. External reports and public objections 3.1 Police Police reported on the application on 22 April 2020 and do not oppose the application. 5 3.2 Medical Officer of Health The Medical Officer of Health reported on the application on 23 April 2020 and does not oppose the application. 3.3 Public notices The application has been publicly notified as follows: Type Date Second date (if relevant) alcoholnotices.co.nz 10 April 2020 N/A Sunday Star Times 19 April 2020 26 April 2020 Objection period expiry 5 May 2020 N/A 3.4 Public objections Four public objections have been made within the required timeframe. The objections have been made by the following persons: • Mark Walker & Body Corporate 373645 • Kamal Seth • Bruce and Judith Clements • Patricia Marryatt All four objectors live at the Quest on Queen Serviced Apartments/Portland Tower which is approximately 50 metres away from the premises. The objectors appear to have greater interest in the application than the public generally because they are located within 1km of the proposed licensed premises. The objections raise concerns about noise, disorder and alcohol related harm, the suitability of the applicant due to the alleged noises issues, and the open roof area at the premises. These issues relate to the following sections of the Act: • Section 105(1)(a) of the Act – The object of the Act. • Section 105(1)(b) of the Act – Suitability of the applicant. • Section 105(1)(d) of the Act – Trading hours at the premises. • Section 105(1)(e) of the Act – The design and layout. • Section 131(1)(c) of the Act – Amenity and good order. The matters brought up in the objections will be covered throughout my report. 6 4. The applicant The applicant is a private company which is permitted to hold an on-licence under section 28(1)(b) of the Act. A copy of the company’s certificate of incorporation from the New Zealand Companies Register has been provided with the application. The applicant has been operating the current licence at the premises for over a year, however they were also jointly operating the previous licence at the premises under a different company structure for the past decade. The applicant also runs the nearby Glass Goose and La Zeppa venues. The applicant has proven from the operation of these venues that they have the relevant experience to run a premises of this type. I have had numerous discussions with the managing director (James Arnott) and operations manager (George Eason). The applicant is aware of the issues raised by the objectors, in particular with noise and have been proactive in finding a solution. They have undertaken noise testing in the area and developed a suitable noise management plan for the premises. The applicant has also supplied an alcohol management plan (attached) that is suitable for the premises. The applicant is aware of its responsibility under the Act. The existing licence has no endorsements. There are no concerns with the applicant’s suitability. 5. The premises 5.1 Design and layout The principal entrance to the premises is accessed off Fort Street. The premises are a rooftop bar where part of the roof is open. This creates an outdoor type area within the premises. Most of the premises is easily visible from the point of sale, however the applicant is also aware that staff should have a roving presence across the premises to monitor patrons. The licensed area is more precisely identified on the plan date stamped as received by Auckland Council on 7 April 2020. The applicant has indicated on the application form that they wish to make no changes to the current designations.