Latest news with #LocalAlcoholPolicy


Scoop
23-07-2025
- Business
- Scoop
Auckland Council Defends Alcohol Rule Shakeup
Auckland's tougher liquor laws needed to be implemented after 10 years of legal battles, otherwise the work could have been in vain, the council says. Auckland Council is defending its Local Alcohol Policy (LAP), implemented last year, following recent criticism from a legal expert who said it was quickly becoming outdated. Drafted in 2013, the LAP outlines the location, amount, and trading hours for alcohol businesses in the region. The new rules included a two-year freeze on new off-licences in the central city and 23 other suburbs with the highest alcohol-related harm. Concerns were raised on a possible 'technical error', because the LAP was connected to an older version of the Unitary Plan which only protected neighbourhood centres that existed in 2013, from proliferation of bottle shops. However, Auckland Council policy general manager Louise Mason said there was a reason for linking the LAP to the 2013 Unitary Plan, and it wasn't a technical error. "Linking the policy to the current version of the unitary plan - adopted in 2016 - would have meant starting the entire process again," Mason said. "That would have likely led to further court proceedings, and another round of lengthy legal battles. This would have risked delaying the policy further or possibly preventing it from coming in at all." Dr Grant Hewison, a lawyer who works with Community Against Alcohol Harm (CAAH) in south Auckland, called for an early review of the LAP because new neighbourhood centres that have since popped up since 2013 weren't being protected. He said recent decisions by the licensing district proved this when new off-licences were granted at three new neighbourhood centres because they were out of the scope of the 2013 Unitary Plan. According to the LAP, neighbourhood centres were commercial centres within residential areas. Hewison also raised concerns over the end of a two-year freeze in 2026 on new off-licences in the central city and 23 other suburbs with the highest alcohol-related harm. He said the LAP was now relatively an older document. Mason said communities had been asking for the LAP for a long time, so the decision was made to continue with what had already been developed in 2012, rather than starting all over again. Once the temporary freeze ends, the DLC should work on the presumption that any application for an off-licence in these areas should continue to be rejected, she said. "This is already happening in some neighbourhoods and, so far, seems to be working." Council staff were monitoring how the policy was working in its first year, she said. "[This] including the off-licence freeze - and will report back to the mayor and councillors in early 2026."

RNZ News
17-07-2025
- Business
- RNZ News
Warning on end of Auckland's alcohol licence freeze
An expert believes parts of Auckland's new Local Alcohol Policy is outdated and needs urgent review. Photo: Stuff / Braden Fastier Auckland's local alcohol policy (LAP) is fast becoming outdated according to one legal expert. The LAP, which outlines the location, amount, and trading hours for alcohol businesses in the region, was implemented last September. Drafted in 2013, it took 10 years to get it approved after it was tied up in legal battles. Dr Grant Hewison, a lawyer who works with Community Against Alcohol Harm (CAAH) in south Auckland, was concerned that parts of the LAP was losing its relevance, today. Presenting to the Safety and Regulatory Committee of the Auckland Council this week, Hewison warned that a raft of new liquor licenses could be on the way. "The temporary freeze in the priority overlay areas will stop next year." Photo: Stuff / Braden Fastier Hewison added that assuming there would remain a high bar to new licenses may not be a robust enough position. "My concern is that that may not be sufficient to really address the ongoing proliferation that we're still seeing outside of those priority overlay areas in parts of the region," he said. The LAP came into effect in two stages - the first change was September 16, 2024 which included a two-year freeze on new off-licences in the central city and 23 other suburbs with the highest alcohol-related harm. He urged the committee to consider reviewing the LAP, before the two-year freeze lapsed. "The freeze will end in 2026 so you have a small window of opportunity looking to extend it. "I really encourage you to take some advice from your officers and have a briefing on how this temporary freeze operates, and the consequences of it being lifted." He also urged council to look into protecting neighbourhood centres better, in what he called was a 'technical error' in the LAP. According to the LAP, there was a rebbutable presumption for off-licence outlets in neighbourhood centres. Neighbourhood centres are commercial centres within residential areas. "Unfortunately, the drafting of the neighbourhood centre in the LAP links it to the Unitary Plan, as notified in 2013." He said the LAP only protected neighbourhood centres that existed in 2013 under the Unitary Plan. "Since then, we've had developments of paddocks and fields ... new neighbourhood centres that aren't protected by the LAP." He said the the consequence of that was that the District Licensing Committee recently approved three new liquor outlets in new neighbourhood centres. "I don't think the community and yourselves ever intended that the LAP only protected neighbourhood centres as they were in 2013." He pleaded for council not to wait for six years to review the LAP, but to act sooner. "I think its urgent, and there is provision under section 95 of the Act to make amendments to a LAP to correct what is essentially a minor technical error." Hewison said a lot of work went into the drafting of the LAP, but it was now relatively an older document. LDR is local body journalism co-funded by RNZ and NZ On Air.

1News
07-07-2025
- Business
- 1News
South Auckland grocery store loses right to sell alcohol
A store in south Auckland has lost its right to sell alcohol after their efforts to pass itself off as a grocery store was rejected, in a precedent-setting case. 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. ADVERTISEMENT 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. The morning's headlines in 90 seconds, including deadly Texas floods, Australian woman attacked by a lion, and Elon Musk's new political party. (Source: 1News) ADVERTISEMENT 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 ADVERTISEMENT 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. ADVERTISEMENT 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.


Scoop
06-07-2025
- Business
- Scoop
South Auckland Grocery Store Loses Right To Sell Alcohol
A store in south Auckland has lost its right to sell alcohol after their efforts to pass itself off as a grocery store was rejected, in a precedent-setting case. 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. 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. 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 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 McLenann 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. 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.


Otago Daily Times
30-06-2025
- Business
- Otago Daily Times
New rules around alcohol sales adopted in Christchurch
Photo: File image Christchurch City Council has agreed to a new set of rules on how alcohol can be sold and supplied across the city. Mayor Phil Mauger and city councillors approved the Local Alcohol Policy (LAP), which will affect Christchurch and Banks Peninsula. It includes three main rules designed to address alcohol-related harm: All off-licence retailers must stop selling alcohol at 9pm daily, effective from October. This includes bottle stores and supermarkets. A freeze on new off-licences in high-deprivation communities, effective from August. Restricting new bottle stores from setting up near addiction treatment/rehabilitation centres, secondary schools and primary schools, the University of Canterbury and the Christchurch Bus Interchange effective from August. Mauger said the LAP is the result of months of research and consultation with the community, health professionals, retailers and hospitality, and "strikes a balance between their interests". "All through this process, we've consistently heard that the wider community wants a Local Alcohol Policy that's fair as well as effective," Mauger says. "Our residents always come first, and the main purpose of the Local Alcohol Policy is to address the harm caused by alcohol in our community. However, we want to do this while ensuring Christchurch remains a lively and thriving city. "The result is a Policy that focuses mainly on making alcohol less available at certain times and in certain areas, particularly for those considered more vulnerable, where easy access to alcohol can have a larger impact on the community." Councils in New Zealand can develop their own LAPs, which can set the number, location, and opening hours of licensed premises, such as bars, cafés and restaurants, supermarkets and bottle stores. These rules can apply across either the whole city and district or only in identified local areas. Once a LAP is in place, it must be reviewed within six years.