New Zealand's major supermarket firms yesterday took on the Dunedin City Council as they fight its plan to restrict alcohol sales in the city.
In a hearing being watched by representatives from Auckland Council and other organisations, supermarkets, the hotel industry, liquor outlets and police are appealing the council's local alcohol policy (LAP).
An Alcohol Regulatory and Licensing Authority (ARLA) hearing at the Dunedin District Court began yesterday morning with opening submissions on council plans developed to curb alcohol-related harm.
The LAP was signed by councillors in June last year, following extended debate and public consultation.
Its new rules include a 2.30am one-way door policy and 3am closing for most inner-city bars, except ``genuine'' live entertainment venues, which could remain open until 4am.
Supermarkets and other off-licence retailers would have their alcohol hours cut from 7am-11pm to 9am-9pm.
Organisations appealing are: supermarket owners Foodstuffs South Island and Progressive Enterprises; Dunedin Hospitality Group; Ignition Group; The Mill Retail, Independent Liquor and New Zealand Police.
Ellis Hospitality Group, which owns bars in Dunedin and Queenstown, is an interested party.
ARLA Judge Kevin Kelly and members Judith Moorhead and Ross Miller are considering the appeal in a hearing set to last four days.
In his opening submissions, Progressive Enterprises counsel Andrew Braggins said provisions of the policy needed to be evidence based, not emotion based.
Progressive, which owns Countsown and Fresh Choice supermarkets, did not object to a 10pm closing time that had been suggested.
Mr Braggins said 10% of the company's sales were beer and wine, and the company did not sell below cost.
Nationally, off-licence hours had reduced ``considerably'' already.
He questioned in detail reports the council relied on when making its decision, and was critical of a proposed moratorium on most types of bottle stores in North Dunedin.
Counsel for Foodstuffs (New World, Pak'n Save, Four Square) Iain Thain said his client was appealing the 9am to 9pm rule.
The authority had to consider the timing was for all off-licences in all districts every day of the week, and questioned why that was the case.
The evidence from the council for a 9am starting time was about ``a general feeling'' it would be good if premises were shut before school began.
The same rules were not in place for on-licence premises, so there appeared to be no problem children seeing that, he said.
It was also appealing the need for off-licences to have an alcohol management plan.
Acting Sergeant Richard Panting said police had ``serious concerns'' with the proposed 4am closing time for venues with live entertainment.
There was the possibility of a ``honey-pot'' effect where anywhere with live entertainment would attract crowds at the end of the night.
Police could see ``a marked increase in harm'' that could come from that.
It was unclear whether, for instance, a DJ was live entertainment.
If that was the case, most venues in the Octagon could use that provision.
Dunedin Hospitality Ltd director Richard Newcombe said he was also concerned about the live entertainment rule.
There was no evidence venues with such entertainment would be less likely to cause harm, and they could gain an advantage over other premises, he said.
The hearing continues today.
