The off-licences for the Bottle-O stores in Andersons Bay and Kaikorai Valley have been renewed for a further three years, despite both applications being opposed by the city’s chief licensing inspector and the medical officer of health delegate, who cast doubt on the suitability of the applicant.
Police also opposed the Kaikorai Valley application.
The applications were made by McCarthy Enterprises Ltd and Jethro Holdings Ltd respectively, which are wholly owned by shareholders Kenneth and Patricia McCarthy.
Mrs McCarthy has been in hot water many times over the operation of her Dunedin liquor stores — including selling to underage customers and selling without a licence.
Her company also had to pay an employee $20,000 after their manager’s failings forced them to resign.
Mrs and Mr McCarthy were listed as directors of both companies at the time the applications were lodged, but have since been replaced by their daughter Corrina McCarthy, while continuing to be sole shareholders of each company.
In a pair of decisions, district licensing committee secretary Kevin Mechen said it had received a document signed by both Mr and Mrs McCarthy which said they would “not exercise any authority or control of the operation of the business”.
“While it is questionable as to whether the document overrides their functions as shareholders and trustees of a shareholder, the committee places weight on the document and the intention therein.”
The applicant also intended to sell both stores.
The committee was presented with a conditional sale and purchase agreement for the Andersons Bay store, and a renewed licence would assist in that endeavour for the Kaikorai Valley store, Mr Mechen said.
At hearings in September, alcohol harm prevention officer Sergeant Steve Jones said police took issue with the “undue influence the controlling interest [had] over the premises’ operation”.
Chief licensing inspector Tanya Morrison said she was concerned about Mrs McCarthy’s involvement and it was unclear what control, if any, the shareholders had over the business.
Medical officer of health delegate Aaron Whipp described the situation as “like a front, in lesser words, that they could direct their daughter in the way that the business could move”.
