Liquor ban set to hit stores

Convenience stores around the country are likely to be barred from selling alcohol after a court decision backing a ban at a Christchurch store.

The High Court this week dismissed an appeal from a Christchurch convenience store against a Liquor Licensing Authority decision which gave notice that the Victoria St outlet's liquor licence would not be renewed.

The authority decision last November said the Night 'n Day shop opposite Christchurch Casino was not a grocery store and was not therefore entitled to a licence under the Sale of Liquor Act.

It said a decision in 2000 led to a proliferation in off-licences being granted to convenience stores "that have portrayed their businesses as scaled down supermarkets, when in fact some of them were nothing more than ambitious dairies".

Christchurch City Council liquor licensing team leader Paul Rogers said the decision was likely to result in all convenience stores, other than supermarkets and stand-alone bottle stores, having their applications opposed.

"We expect that the outcome of this decision will be that there will be a substantial reduction in the number of stores selling alcohol nationwide," he said. "We're pleased because we think we're winning one back for the community."

Under the Sale of Liquor Act supermarkets of at least 1000 square metres and grocery stores where the principal business was the sale of main household foodstuffs could be granted liquor licences, but service stations and dairies could not.

Night 'n Day has 15 working days to appeal the High Court decision.

Christchurch Mayor Bob Parker said it could be a "turning point" in liquor licensing. "It's a decision that sets a precedent that will potentially reshape the face of liquor retail."

Every city would be affected by the outcome. "The availability of alcohol has crossed the line. It's just too freely available," he said.

Night 'n Day Foodstores franchise director Andrew Lane said the group was disappointed, but no appeal decision had been made.

He was unsure how many outlets would be affected.

"It is a decision for the Victoria Night 'n Day and obviously every store is different because their product mix is different," he said.

"We're still a bit vague on what the criteria actually is."

Hospitality Association Canterbury president Peter Morrison welcomed the decision. "The bars have had the one-way door and people have still been able to buy alcohol and drink on the streets," he said.

National Addiction Centre director Doug Sellman said the decision was a breakthrough. "It would be good to get (alcohol) out of supermarkets too," he said.

"With a class B equivalent drug, I think we should not make it so easy to get."

Alcohol Advisory Council chief executive Gerard Vaughan said the decision was consistent with what the law intended when supermarkets were allowed to sell beer and wine. "What we've seen is a creep in the types of stores that aren't in the business of selling household groceries, but items of convenience, also meeting the criteria for a supermarket."

- © Fairfax NZ News