Licence opposed over ‘serious' concerns

Otago Daily Times

2 days ago

A Dunedin tavern has come under fire for "serious compliance concerns" after trying to sidestep alcohol laws by outsourcing food to nearby eateries.
An on-licence and off-licence renewal application for Mackies Hotel, in Port Chalmers, has been opposed by a licensing inspector and the medical officer of health delegate.
The applicant company, Sefton Holdings Ltd, had operated the tavern for about the past 40 years, a report to Dunedin's district licensing committee said.
As well as a bar, accommodation and a separate gaming machine area, a small bottle store was located within the premises.
In the completed renewal application form submitted to the Dunedin City Council, Mackies Hotel owner and operator Wayne Sefton said the premises were "surrounded by eating establishments".
This was reiterated in another document submitted listing 10 Port Chalmers restaurants, supermarkets and cafes.
"In order to comply with our liquor licence we must have food available at all times during our licensed hours," it read.
"As we are surrounded by food outlets, here is a list and phone numbers for them all (within 75m).
"You are welcome to ring and order from any of these and bring it back here to eat in comfort."
Salt and pepper, serviettes, tomato sauce and knives and forks would be offered free of charge.
Microwave food was also available from the freezer, Mr Sefton said.
Medical officer of health delegate Aaron Whipp said he opposed the application due to "serious compliance concerns" that he and the inspector observed during a site inspection in mid-April.
That included "no food ... available for purchase or consumption on the premises" and the tavern's duty manager not being present on-site during trading hours.
Water, while available, was "not actively promoted".
"These are clear breaches of licence conditions and raise significant concerns about the operation of the premises."
The absence of a duty manager — who was legally required to always be on duty when alcohol was being sold or supplied — indicated a "serious failure of management and supervision" and increased the risk of alcohol sales to intoxicated people or minors, Mr Whipp said.
In her report, council chief licensing inspector Tanya Morrison said a staff member present, when asked about the available food options, "could not locate a menu within the bar, nor could advise of three substantial food options available on-site".
"Due to the lack of manager on-site and lack of advertised food options, this brings into question the suitability of the applicant and the object of the [Sale and Supply of Alcohol] Act."
Fire and Emergency New Zealand business services co-ordinator Nikki White also noted there had not been a trial evacuation completed at the premises in two years.
Mr Sefton did not respond to a request for comment before deadline.
But a lawyer who contacted the Otago Daily Times said the matters raised in opposition to the application would be addressed at an upcoming hearing.
The application form also asked applicants to specify how staff were trained to ensure compliance with liquor laws.
"Long-serving staff were trained years ago and only get better over the years," Mr Sefton answered.
A hearing has been scheduled for Thursday.
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