South Auckland grocery store loses right to sell alcohol
McLennan Grocery Store, at Swamp Kauri Grove in Papakura, was recently granted an off-licence in March by the Auckland District Licensing Committee (ADLC).
However, after an appeal led by Auckland councillor Angela Dalton with the Alcohol Regulatory and Licensing Authority (ARLA), the off-licence was denied.
The appeal focused on whether the shop met the statutory definition of a grocery store under the Sale and Supply of Alcohol Act.
According to section 33 of the Act, a grocery shop was defined as a premises that emphasised the sale of food products as the principal business, and characteristics normally associated with grocery shops.
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Under the Act, a convenience store wasn't permitted to sell alcohol.
Communities Against Alcohol Harm secretary Dr Grant Hewison said ARLA's decision will now set a precedent for future off-license applications on grocery and convenience stores.
"This decision will be welcomed by many in the Papakura community," Hewison said.
"It's encouraging to see ARLA taking a firm stance on the difference between convenience stores and grocery stores to avoid alcohol being sold from convenience stores," Hewison said.
He said convenience stores were often located right in the centre of residential communities and were intended to be convenient.
Parliament made it clear in the Sale and Supply of Alcohol Act that liquor shouldn't be sold from 'convenience' stores, Hewison said.
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The off-licence application
Baj Holdings Limited applied for a new off-licence with the DLC, for McLennan Grocery Store September 3, 2024. The shop was formerly known as McLennan Convenience Store.
The applicant stated the primary business was food sales and agreed to conditions such as alcohol sales only until 8pm.
The medical officer had initially opposed the application but withdrew after viewing photos showing an increase in the range of food and groceries sold, and introduction of shopping baskets, after an earlier visit.
With no opposition from key agencies, and six public objectors related to alcohol-related harm, the application was granted on March 11.
DLC concluded the application met the object of the Sale and Supply of Alcohol Act 2012, the company was suitable, the application was consistent with the Local Alcohol Policy, and the proposed hours, design, and other goods sold were appropriate.
The appeal
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In June, councillor Dalton filed an appeal with ARLA, against the District Licensing Committee's decision for McLennan Grocery Store.
Her appeal was focused on whether the premises met the statutory definition of a grocery store under the Act, and the object of the Act.
In its own inspection, ARLA found the shop was not what people would consider patronising to shop for grocery items, but more to pick up items they were running out of, therefore characterising the shop as a 'convenience store'.
The entrance of the shop did not suggest it was a grocery store, other than the amended signage from McLennan Convenience Store to McLennan Grocery Store.
There was a large sign outside and inside with prices assigned to various goods. ARLA found none of the items listed suggested the store had as its principal business the sale of food products.
They found it concerning there was limited space given on the limited range of food products like bread, fresh fruit, vegetables and fresh meat.
However, greater prominence was given to other aspects of the business — drinks and takeaways.
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The premises had a vape store, which ARLA said was more easily aligned with a convenience store than a grocery store, and that there were only two baskets available for shoppers to use to load goods, which was also inconsistent with a grocery store.
"For these reasons we consider that the appeal must succeed as we do not consider that these premises meet the requirements of a grocery store," ARLA said in its decision.
"The shop certainly had aspects that could be attributed to those expected of a grocery store, but those aspects appeared to be secondary to other aspects of the business that appeared to us to be correctly and appropriately those of a convenience store."
LDR is local body journalism co-funded by RNZ and NZ On Air.
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