Kaizuka bar owners 'disgusted' with council, set to shut doors video

STACY/SQUIRES/FAIRFAX NZ.

Kaizuka Eatery and Garden Bar was issued a full on-licence in March 2014 and operated on the licence for about six months before a visit from council licensing officers.

Two Christchurch business owners are "disgusted" by the city council's ruling they need to create 62 extra car parks to continue operating as is, saying they will likely close their bar.

Dwayne and Tiffany Vaughan, who run Kaizuka Eatery and Garden Bar in Cashmere, have been engaged in a year-long stoush with the Christchurch City Council over its licensing arrangements.

Now they have "run out of steam".

Kaizuka Cafe, in Christchurch's Centaurus Rd, is closing over its liquor licence arrangements.
STACY SQUIRES/FAIRFAXNZ

Kaizuka Cafe, in Christchurch's Centaurus Rd, is closing over its liquor licence arrangements.

The council said the owners changed the scale of the business operating under the on-licence. The cafe was initially a small part of a garden centre but had grown to take over the premises.

The owners needed an on-licence variation that would in turn trigger resource management and building consent requirements.

Council Regulatory Compliance acting manager Fiona Proudfoot said the Vaughans were advised the licence renewal could not be progressed until those requirements were met.

Council Resource Consents manager John Higgins said the expanded bar was likely to require resource consent relating to the number of car parks required. 

Dwayne and Tiffany Vaughan say they're closing their business following a year-long battle with Christchurch City Council.
STACY SQUIRES/FAIRFAX NZ

Dwayne and Tiffany Vaughan say they're closing their business following a year-long battle with Christchurch City Council.

According to the City Plan, 10 carpark spaces were required per 100 square metres of public floor area, but reductions could apply. The 800sqm bar had 18 car parks, meaning it would need another 62 to meet the requirements.

The Vaughans' business was issued a renewed on-licence on March 8, 2014.

Dwayne Vaughan said he was under the impression the on-licence was for the entire space he wished to use, but the council had only licensed a 67sqm area.

"[We] would never have bothered putting in a cafe that size."

Kaizuka operated on the renewed on-licence for six months before a visit from council licensing officers. Before 2013, the business traded as a BYO for about four years in the same area council deemed unlicensed, but with "no mention we were doing anything wrong", he said.

In August 2014, the Vaughans were told their licence applied to only part of their premises, at 83b Centaurus Rd. The licensed area was defined by a line running straight through the bar, Dwayne Vaughan said.

Proudfoot said council had not been made aware of changes to the premises when the on-licence was renewed in 2014, after initially being granted in March 2013.

"The plans indicated a garden centre area and a gift shop in the internal area. The cafe area had been reconfigured to include a longer bar service area and more seating.

"The application did not refer to the gift shop closing or plans for the cafe area to be extended to cover all of the outside and inside areas."

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Kaizuka made changes to its premises two months after the licence was granted, butt he alcohol licensing team did not become aware of the changes until August 2014, Proudfoot said.

Vaughan said he and his wife were "disgusted" with the council, pointing out his copy of the on-licence stated the premises at 83b Centaurus Rd was licensed.

"We've had a debate with the council from day one over what is a premises. They said 'no, the [licensed] premises is within the premises'."

Higgins said the Vaughans could adjust the public floor area "so that the parking supply and demand are acceptable. That is important otherwise there may be excessive parking spill over to neighbouring residential streets".

Dwayne Vaughan said there was no way the amount of car parks required could be built without buying and demolishing neighbouring houses.

"We've fought pretty hard to stay open at our own detriment. We're shutting it down."

 - Stuff

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