I hereby give notice that a meeting will be held on:

Date:

Time:

Wednesday 19 and Thursday 20 February 2020 (if required) 9am

Meeting Room: Totara Room Venue: West Annex Building

Manukau Service Centre 31-33 Manukau Station Rd, Manukau

THE AUCKLAND DISTRICT LICENSING COMMITTEE

RE-HEARING APPLICATION FOR ON-LICENCE RENEWAL

BY VAVAU LAHI NIGHT CLUB LTD AT 7/53 CAVENDISH DRIVE, MANUKAU TO TRADE

AS VAVAU LAHI NIGHT CLUB

MEMBERS

Chairperson Andrew Baker Member Motekiai (Mote) Pahulu Member June Kearney

Wendy Stephenson HEARINGS ADVISOR

Contact Telephone: 09 890 8159 or 021 708 832 Email: wendy.stephenson@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.n

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. If any party intends to give written or spoken evidence in Maori, the Hearings Advisor must be informed of this at least five working days prior to the Hearing so that a qualified 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 On-Licence Renewal application by Vavau Lahi Night Club Ltd for premises situated at 7/53 Cavendish Drive, Manukau Auckland to trade as Vavau Lahi Night Club.

Alcohol Licensing Inspector’s Report Page 5

Application Page 13

Police Report Page 32

Medical Officer of Health Report Page 34

Public Notices Page 35

Objections – See list below Page 49

OBJECTORS: Page 49 Grant Rimmer 53 Cavendish Drive

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: Starr Alicious, Alcohol Licensing Inspector

Date: 13 November 2017

1. Application description

Applicant’s name: Vava'U Lahi Night Club Limited

Site address: 7/53 Cavendish Drive Manukau Central Auckland 2104

Trading name: Vavau Lahi Night Club

Style of licence: Tavern

Risk rating: High (16-25)

Application number: 8220009493

Date application made: 11 July 2017

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.

The applicant does not seek any changes to the licence.

Public objections have been made.

Police oppose the application.

The Medical Officer of Health does not oppose the application.

I do not oppose the application.

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3. External reports and public objections

3.1 Police

Police reported on the application on 15 August 2017 and oppose the application.

3.2 Medical Officer of Health

The Medical Officer of Health reported on the application on 14 August 2017 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 14 July 32017 N/A

Maukau Courier 20 July 2017 27 July 2017

Objection period expiry 10 August 2017 N/A

3.4 Public objections

One public objection has been made within the required timeframe. The objector appears to have greater interest in the application than the public generally because they represent a group of eight tenants and eight landlords that surround the proposed licensed premises. The objector has gathered statements from the tenants and landlords and these are attached to their submissions.

The objection relate(s) to the criteria at section 131 of the Act. The objections states amenity and good order is not being upheld by the licensee and is creating harm in the immediate surroundings.

4. The applicant

A general discussion was had with the director of the applicant company, Finau Tukuafu, during an appointment held at the council building. The applicant’s knowledge of The ACT was minimal even though he holds a managers certificate. I discussed and explained several of his responsibilities and the applicant is aware of its responsibility under the Act.

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5. The premises

5.1 Design and layout

Most of the premises is easily visible from the point of sale.

The licensed area is more precisely identified on the plan date stamped as received by Auckland Council on 11 July 2017.

There are no concerns with the design and layout of the premises.

5.2 Trading history

I visited the premises on Saturday 05 August 2017 at approximately 12.30am. There were about 10 persons present. There were sufficient staff and security to monitor the premises. I stayed until approximately 1.00am and no issues were observed. I visited the premises a second time on Friday 10 November 2017 at approximately 1.07am. Issues are bullet pointed below.

The premises have been inspected two times in the last six months, including two night-time visits.

The applicant’s manner of trading has caused concern for the Police but I have not witnessed these concerns.

5.3 Inspection

I visited the premises on 05 August 2017 at approximately 12.30am and again on 10 November 2017 at approximately 1.07am. The following points were compliant: • A manager was on duty. The manager’s full name was prominently displayed. • Food was available. • Low and non-alcoholic drinks were available. • Signage regarding alternative forms of transport was prominently displayed. • Signage regarding minors and intoxication was prominently displayed by the

point of sale. • There appeared to be sufficient levels of staff to manage the premises

effectively.

The following issues were observed: • Food menus were very small, A4 size, and only two were visible. I advised the

owner to make them bigger and make more of them. • One male was urinating on the wall behind the doormen. He attempted to

enter the premises as I left and I pointed him out to the owner who had security remove him immediately.

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The applicant appears to have appropriate systems, staff, and training to comply with the law. There are no concerns with other goods and services provided at the premises.

6. Environmental scan

6.1 Introduction

The premises are located in a commercial/ industrial area of Manukau. The premises are within an alcohol ban area. The nearest residential buildings are approximately 309 meters away.

6.2 Noise, nuisance and vandalism

During visits to the premises and to the locality generally, I have not observed any issues of noise, nuisance or vandalism that are likely attributable to these premises.

6.3 Visual amenity

The inside of premises are well kept.

6.4 Licensed days and hours sought

The licensed days and hours sought are listed at the conditions section of this report. 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.

6.5 Comment

Although there have been objections regarding amenity and good order; I myself have no evidence to contribute.

7. Other Matters

This matter will need to be set down for a hearing in order for the Police and objectors to present their evidence.

8. Conclusion

8.1 Conclusion

Based on the information stated in this report, I do not oppose this application.

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8.2 Conditions

Without prejudice, should the licence be renewed, the following conditions are recommended:

(a) No alcohol is to be sold on the premises on Good Friday, Easter Sunday, Christmas Day, or before 1 pm on Anzac Day to any person who is not present on the premises to dine.

(b) Alcohol may be sold only on the following days and during the following hours: On such days and during such hours as the premises are being operated as a Tavern but not other than on the following days and hours: Monday to Sunday 6.00pm to 3.00am

(c) Drinking water will be available to customers from the bar at all times. (d) The following steps must be taken to promote the responsible consumption of

alcohol: (i) The licensee must ensure that all staff comply with the host

responsibility plan submitted with the application for an on-licence detailing the steps to be taken by the licensee to ensure a safe drinking environment.

(e) The following steps must be taken to ensure that the provisions of the Act relating to the sale of alcohol to prohibited persons are observed: (i) Ensure that no intoxicated persons are allowed to enter or to remain

on the premises. (ii) Ensure that appropriate signs are prominently displayed detailing the

statutory restrictions on the supply of alcohol to minors and intoxicated persons adjacent to every point of sale.

(f) The following parts of the premises is designated as a Supervised area: First Floor

Prepared by

Starr Alicious Alcohol Licensing Inspector

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Counties Manukau Police Station District Licensing Unit Private Bag 76 920 MANUKAU

Telephone 09 261 1300

15th August 2017 The Secretary Auckland Council Dear Sir/Madam

POLICE REPORT APPLICATION FOR AN ON LICENCE RENEWAL

Sale and Supply of Alcohol Act 2012 This is a report in relation to the following application for an Alcohol Licence. The following application has been enquired into by the Police, in reference to their suitability to hold an Alcohol Licence at this point in time. LICENCE REF: LOCATION APPLICANT 8220009493 Vava’u Lahi Night Club Vava’u Lahi Night 7/53 Cavendish Drive Club Limited Manukau Auckland

Police oppose the granting of this application. There have been a number of intoxication, disorder and other behaviour of concern in the last 12 months requiring Police attention. Police are working with the applicant using the Graduated Response Model matrix and will be seeking a truncated renewal period. The Good Order and Amenity of the location is in question. All evidence supporting the Police submission for a truncated renewal period can be presented in a public hearing before the committee.

Please forward a copy of any licence and decision, when issued in relation to this application, pursuant to section 211, Sale and Supply of Alcohol Act 2012, for attachment to Police records.

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Yours faithfully

Pat AKARURU Constable TABO02 Alcohol Harm Prevention Officer COUNTIES MANUKAU DISTRICT LICENSING UNIT

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Cornwall Complex, Floor 3, Building 15Greenlane Clinical CentrePrivate Bag 92 605Symonds StreetAuckland 1150New ZealandTelephone: 09 623 4600Facsimile: 09 623 4665Website: www.arphs.govt.nz

14 August 2017

Private Bag 76 917ManukauAuckland 2241

Dear Sir/Madam

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

Manukau City Council

Yours faithfully

for Medical Officer of HealthAuckland Regional Public Health Service

The Liquor Licensing InspectorDistrict Licensing Agency

Your Reference: 8220009493

VAVA'U LAHI NIGHT CLUB : 7/ 53 CAVENDISH DRIVE, MANUKAU

The Medical Officer of Health has inquired into this application. At the date of this letter, the MOH has no information related specifically to this application that it believes would assist the DLC. The MOH does not oppose this application.

Peter Aye

Auckland Regional Public Health Service

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11 November 2017 Page 1 of 3

Licensed Premises Compliance Check

Date: 11 November 2017Time: 1.07amAlcohol Licensing Inspector: Starr Alicious

Premises Details

Trading Name: Vavau Lahi Night ClubLicensee: Vava'U Lahi Night Club LimitedEmail for Licensee: fintukuafu@gmail.comContract Object Number: 52090115863Type of Premises: On Licence – Tavern

Address:7/53 Cavendish Drive Manukau Central Auckland 2104

Health And Safety Report

Details Yes No

Geo Ops updated ☑ ☐

Working alone ☐ ☑

STOP – aware of any pre-existing dangers ☐ ☑

LOOK – identify any hazards ☐ ☑

ASSESS – threat of injury or damage ☐ ☑

SAFE – The inspector has identified the premises as safe to enter. The inspection has continued.

Duty Manager Details

Duty Manager: Seini tongaStatus: Certified

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11 November 2017 Page 2 of 3

Photo of Manager Name:

Statutory Requirements

STATUTORY REQUIREMENTS:

A duty manager present and on duty: YesLicence on display: YesTrading hours on display: YesFood advertised: YesFood readily available: YesLow alcohol option available: YesWater freely available: YesSigns detailing alternative transport options: YesCorrect signage on display (host responsibility, minors, intoxication): Yes

PROHIBITED PERSONS:

Minors present: NoIntoxicated persons present: No

Comments & Signatures

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11 November 2017 Page 3 of 3

Seini tonga - Comments: Finau the owner signed on behalf of dutymanager

Starr Alicious - Comments:

As we approached the venue a male wasurinating next to the front door by the 3 doorman. This male was seen inside the venue as we went to exit. I pointed him out to the owner and he was removed. I reminded the owner he needs more menus and to make them larger. This is the second time I have made this request.

Seini tonga - Signature:

Starr Alicious - Signature:

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