Whangārei community happy to have more control over alcohol licensing

Whangārei mayor Vince Cocurullo at the site of a proposed liquor outlet in Maunu. Photo / Michael Cunningham

Whangārei residents are welcoming news that they will soon have more control over local alcohol licensing after the Government announced changes to legislation.

The changes mean councils can set Local Alcohol Policies that will no longer be subject to appeals by the alcohol industry, and amend rules around public licensing hearings.

Minister of Justice Kiri Allan announced the change to alcohol legislation last week to prevent appeals against LAPs, giving communities more control over granting of licences.

Whangārei mayor Vince Cocurullo said he fully supported the proposed amendment to the legislation, preventing appeals by the alcohol industry.

"If it works as intended, the results would be fantastic... It would give our local communities their voices back."

A number of councils around the country had abandoned the policies due to prolonged, costly appeals, and others did not bother when they saw what was happening with other councils' LAPs, Cocurullo said.

Others, including Whangārei, were still waiting for decisions on their appealed policies.

"If these amendments work as intended, we may be able to get our own Whangārei District Local Alcohol Policy across the line," Cocurullo said.

"I believe that any chance to give communities a stronger voice is worth supporting."

Whangārei District Council's provisional Local Alcohol Policy was created in 2015 and proposed a moratorium on new bottle stores for six years.

The Government announcement came shortly after a proposed liquor outlet in Whangārei was refused a licence amid community objections.

The licence application for a new Super Liquor store in Maunu was refused by the District Licensing Committee after more than 40 objections were submitted by local residents.

Two of the residents who objected to the proposal spoke at hearings in early October.

John Williamson, one of more than 40 local residents who objected to a new liquor store in Maunu. Photo / Michael Cunningham

Local resident and former councillor John Williamson, who was one of the speakers, said there were multiple reasons a new liquor store should not be allowed in the area.

"First of all, the Maunu community doesn't want it... there were 40-odd objections to it."

There were also concerns about residents of a new Kāinga Ora housing development 800 metres from the proposed shop, who could be more at risk of harm from alcohol, he said.

"It's well-demonstrated that the more bottle stores you have, the more social harm in communities."

Venues with on-licences, such as pubs and clubs, were much more able to control drunkenness than bottle shops, he said.

Williamson was chairman of the District Licensing Committee in 2015 when Whangārei's Local Alcohol Policy was drafted and public submissions were invited.

He said the community should be able to have a say in alcohol licensing, and the legislation changes were welcome news.

"The Whangārei community said six years ago we don't want any more bottle stores," Williamson said.

The proposed liquor outlet would be located between the BestStart daycare centre and Jolt Café on Maunu Rd.

BestStart did not file a submission against the proposal, but several parents told the Advocate last December they objected to the proposal, one saying a liquor store next to a preschool was just "not right".

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There is a dairy in the area that holds an off-licence to sell wine and beer, but the nearest liquor outlet (owned by the applicants for the Maunu store) is another Super Liquor in Woodhill, 3.2 kilometres away.

The District Licensing Committee's decision noted the objections from the community, agency opposition and the social housing development.

"On balance the pendulum tips in favour of the community and the locality generally," Commissioner Murray Clearwater wrote in the decision.

The Medical Officer of Health was also opposed to the application.

Ian McKenzie, acting district director for Te Whatu Ora Te Tai Tokerau (formerly the Northland District Health Board) said alcohol played a significant role in emergency department presentations.

"Heavily intoxicated patients, even without injury or illness, can at times take much of the resources of our department to manage.

"This diverts much-needed resources from other injured or sick patients."

Alcohol also causes a disproportionate amount of harm, McKenzie said, and restrictions on the sale of alcohol help to stop it.

"We support restricting licenses to reduce easy access and prevent the alcohol-related harm we see every day in our ED.

"Restrictions on commercial or public availability of alcohol is an important way to reduce harmful use of alcohol by vulnerable or high-risk groups."

Minister of Justice Kiri Allan announced the changes to alcohol licensing laws. Photo / NZME

Minister of Justice Kiri Allan said, in a statement announcing the legislation changes, that the law was not working as intended.

"Local communities should be able to set their own rules to reduce alcohol harm, but are being blocked at every step by the booze industry."

Councils in Wellington and Christchurch abandoned their attempts to put Local Alcohol Policies in place after legal opposition.

Auckland's policy was before the Supreme Court, which had reserved its decision. The Far North and Kaipara district councils have not yet drafted policies.

The Government was also seeking to amend rules on the public's ability to object to licence applications and how objectors make cases at licensing hearings.

"I've heard concerns that the current process can be too formal, with some community groups saying they've felt intimidated and harassed while under cross-examination by highly experienced lawyers representing the interests of those in the alcohol industry," Allan said.

The bill proposing the alcohol licensing process changes would be introduced to Parliament this year, with the aim of it passing into law by mid-2023.

The Government would also be looking at marketing, sponsorship and pricing, as well as licensing structures and processes, Allan said.