An on-licence application for Mela Eatery, a restaurant on the ground floor of 11 The Octagon, was challenged at a hearing of Dunedin’s District Licensing Committee today.
Students for Sensible Drug Policy (SSDP) Otepoti cast doubt on the suitability of the eatery's two applicants - Mrs Yuba Khattri and Mr Prakash Khattri - to hold an alcohol licence, which was echoed by police and other agencies.
Mrs Khattri, who is also the owner and director of Mela Eatery, was convicted of driving with an excessive breath alcohol concentration in July last year and her manager's certificate was suspended for 28 days.
Meanwhile, Mr Khattri came under fire last year due to his involvement with Eleven Bar & Club, that previously occupied the premises.
The bar was ordered to close ‘‘effective immediately’’ by the committee in July last year, after witnesses came forward with reports ranging from breaches of Covid-19 guidelines and alcohol licensing laws to incidents of teenage women being locked in rooms with older men.
Police, the medical officer of health and the Liquor Licensing Authority echoed these concerns about the application.
Speaking at the hearing, counsel for 3S Food Limited Werner Van Harselaar said the application was for "essentially ... a curry house in the octagon".
"In my view a curry house with just normal drinks and reduced hours is better for the Octagon than what could have been there, and was there not long ago," he said.
Mr Van Harselaar said Mrs Khattri was working hard to get her family through "a difficult situation" and personal issues had contributed to her drink-driving conviction.
"A singe conviction in this industry is not uncommon," he said.
"It's incorrect, improper . . . but she has been dealt with by the district court penalty."
The applicants already owned another premises under the same name, in George St, and the intention was to "surrender" its licence in order to operate a licensed premises from the Octagon.
Both stores would remain open but alcohol would only be sold at the Octagon, while the George St store would offer takeaways and dine-in catering to the nearby student population.
Mr Van Harselaar said the Octagon was away from the student area, but acknowledged students could visit there.
He estimated the eatery would provide 80% food and 20% alcohol as the eatery's focus was to allow customers to have one or two drinks with their meal, which added to the ambience of the Octagon.
It was not the same as the previously run Eleven Bar & Club, he said.
"What was there before was an upstairs-downstairs operation that had long hours – this is not the same thing."
The pair's daughter, Susmita Khattri, had recently received a manager's certificate herself.
Speaking on behalf of her mother, Ms Khattri said the business was family-owned and had "nothing to do" with Eleven Bar.
A total of four licensed managers, including herself, would be on-site as well as a chef.
While her father, Prakash Khattri, did have a manager's license, he would be working at the eatery as the chef.
Ms Khattri said they were actively recruiting more staff and having them complete online alcohol training courses.
These courses would build knowledge on host responsibility and dealing with intoxication, and it was their intention they would be trained before they could be awarded a licence, she said.
Ms Khattri said customers at their George St store usually drank a beer with a curry or chow mein.
Because they couldn't sell alcohol at their Octagon store, customers were being lost and they had lost event bookings due to the lack of a licence.
"What they want on sunny day is a curry with an alcoholic beverage sitting outside, because it is the Octagon."
"We are actually losing customers now rather than gaining."
She said they intended to only sell alcohol from 12-2pm and 5-9.30pm at the Octagon store, Tuesday to Sunday.
The hearing continues this afternoon.
