26. 11. 97

BEACHCOMBER RESTAURANT SPECIAL COMMITTEE

14 OCTOBER 1997

A meeting of the Beachcomber Restaurant Special Committee

was held on Tuesday 14 October 1997 at 9.00 am

PRESENT:

Councillor Denis O'Rourke (Chairman), Councillors Graham Condon and Carole Evans.

The Special Committee reports that:

PART C - REPORT ON DELEGATED DECISIONS TAKEN BY THE COMMITTEE

1. ELECTION OF CHAIRMAN

The Committee resolved that Councillor O'Rourke be appointed Chairman of the Special Committee.

 

2. BEACHCOMBER RESTAURANT - LEASE RR 6412

At its meeting on 28 May 1996 the Council appointed the Beachcomber Restaurant Special Committee, comprising Councillors Graham Condon, Carole Evans and Denis O'Rourke, and delegated to the Committee the power to hear, consider and make decisions on submissions and objections in relation to the proposal by the Council to grant a lease to Beachcomber Restaurant Limited for a term of 15 years, including renewals, pursuant to section 54(1)(d) of the Reserves Act 1977.

The leasing proposal was advertised on 14 June 1997, with submissions closing on 22 July 1997. In total 17 written submissions were received and all submitters were notified of the date of the hearing and of their right to be heard in support of their submissions/objections. Submissions were heard on 14 October 1997 and 12 submitters appeared in support of their submissions.

In considering the future of the building, the Committee noted that at a public meeting there was overwhelming support from the local Sumner community for the retention and upgrading of the building, with only one dissension. Moreover, evidence given at the hearing indicated that there now seemed to be no opposition locally to the proposal. The members were therefore left in no doubt that the Sumner community was of the view that the building should be retained and upgraded for the specified purpose of a licensed restaurant/tearooms. With one exception, all submitters supported this option.

Regarding the nature of the proposed business operation and lease the panel noted that any proposal must be measured against the provisions of section 54(1)(d) of the Reserves Act 1977 which require that "the trade business or occupation must be necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of persons using the reserve". The proposed lessee presented a detailed submission for the future operation of the restaurant. The Committee observed, with approval, the opening hours will be from 7.00 am until "as late as dictated by local licensing laws". A wide range of food and beverages will be provided at a reasonable price, including lunches, a la carte meals, and take-aways to serve both the users of the beach reserve and the wider community. The members were therefore satisfied that the proposed lessee would meet requirements of section 54(1)(d) of the Reserves Act and the whole operation would enhance the recreation value of the beach.

Several submitters contended that the lease should have been tendered. However the Committee considered its role was:

• To hear submissions on the Council's decision to grant the lease to the proposed lessees. The members consider that they were bound by the Council decision of 18 December 1996 in regard to the granting of the lease.
  
  
• To ensure that the proposed lessee's proposal meets the Council's requirements and the requirements of the Reserves Act. As stated above, the members were satisfied that these requirements will be met and saw no reason not to support the leasing decision.

The Committee resolved to recommend to the Minister of Conservation as follows:

1. That the building known as the Beachcomber Restaurant be retained, upgraded and refurbished for the purpose of a licensed restaurant/tearooms to serve the needs of, and to complement the public use of the beach, subject to the following conditions:

1. The restaurant being opened all year round, seven days a week from 7.00 am to the latest time a liquor licence can be obtained for.
   
   
2. A 5 metre wide deck, with two sets of steps to the beach, being installed to provide public access to and from the beach.
   
   
3. The lessee meeting all costs of the refurbishment to be completed in accordance with the plans submitted.
   
   
4. Public foot-washing facilities being provided adjacent to both sets of steps from the beach.
   
   
5. The restaurant operation being confined to the lease area.
   
   
6. The lessee providing suitable refuse receptacles outside the restaurant and undertaking to tidy and clean the beach area in the immediate vicinity of the restaurant.
   
   
7. Subtle lighting being installed to wash the area around the building and the immediately adjoining beach.
   
   
8. The building being painted in such a manner as to add colour and character to the reserve. The panel does not believe it is appropriate for this particular building to be painted in a subdued colour.

2. That the lease be granted to Mr John Phillips and Mrs Karen Phillips, trading as Beachcomber Restaurant Ltd, in accordance with the Council decision of 18 December 1996 and the foregoing conditions.

Recommendation: That the information be received.

The meeting concluded at 1.30 pm.

 

CONSIDERED THIS 26TH DAY OF NOVEMBER 1997

 

MAYOR

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