Bar owner to challenge High Court ruling

A Queenstown bar owner says he is prepared to take his fight to continue 24-hour trading further, after the High Court threw out his challenge to 4am closing.

Al Spary, who part-owns five Queenstown bars, had taken a case against a 4am closing time imposed by the Queenstown Lakes District Council and upheld by the Liquor Licensing Authority.

Spary said he was surprised by the High Court ruling and had instructed his QC, Austin Forbes, to lodge an appeal to the Court of Appeal.

He said fighting the policy had already cost him between $70,000 and $80,000 and it would cost a lot more to get "the correct outcome".

"I am very confident that this latest decision will be overturned and the vast majority of residents will get the freedom they are entitled to."

Queenstown Lakes Mayor Clive Geddes said the decision would give comfort to councils all over New Zealand.

In her June 4 decision, Justice French said submissions on behalf of four of Spary's bars "have some force" and she found the decision difficult.

"On the face of it, to apply a policy in such a general way, as the authority did here, might seem to be a fetter on its discretion."

There was agreement over "well-founded" concerns about alcohol abuse in Queenstown, but the parties diverged over the effectiveness of the policy to help reduce the problem.

"Ultimately, in my opinion, what weight should be attached to the competing views was an issue within the specialist expertise of the authority, to which this court should defer."

Liquor Licensing Authority Judge William Unwin last October ruled that 4am closing would apply to all Queenstown premises from August 4, when the last 24-hour licence expired.

- © Fairfax NZ News