Cheers as bottle store scrapped

Edward Jones will not pursue his application to establish the liquor store. Photo / File

A group of residents is "elated" after a year-long standoff over a controversial proposal for a second bottle store in a Whangarei suburb is over.

Businessman Edward Jones this week withdrew his application to open the Onerahi Liquor Centre after Northland medical officer of health Clair Mills appealed the matter in the High Court.

Onerahi Alcohol Harm Minimisation Group spokeswoman Mariameno Kapa-Kingi said the group had been preparing to help Dr Mills with the appeal and the withdrawal of the application was a relief.

"I think it's a great result of people speaking out," she said. "I'm absolutely elated."

Mr Jones said the costs of pursuing the High Court appeal would outweigh the benefits of operating the business.

"The products are low-margin items and it would take considerable time to recover from any further proceedings in the courts."

Mr Jones said Dr Mills appeared to have "unlimited public funding" and the ability to prolong the process as she saw fit.

The issue had been ongoing since Mr Jones applied for the licence about a year ago, with it possibly taking another year to reach a conclusion in the High Court.

Before the licence was even granted by the council's regulatory authority, a petition against the store gathered 367 signatures from Onerahi residents.

After it was granted, the Onerahi Alcohol Harm Minimisation Group, made up of of 11 Onerahi residents including district councillor Sue Glen, appealed the decision along with an appeal from Dr Mills.

In June, the national Alcohol Regulatory and Licensing Authority (ARLA) dismissed the appeal, at which point Dr Mills appealed the issue in the High Court.

Mr Jones said his lawyer had advised him they could continue fighting it but it was unlikely it would be successful because of a "legal technicality" based on a point of law in the ARLA decision, he said.

"This is a technicality that is well beyond our control and caused by an organisation that seems to be able to make such mistakes legally and in doing so, forcing us to pay the penalty in continuing onwards," he said.

Dr Mills said there was definitely not unlimited public funding and the decision to appeal again was not taken lightly.

"I think it's going to be good for the community and we're very pleased that we don't have to go to the High Court."