Bar owners fight 3am rule for new licence

Central Auckland bar-owners are trying to water down a city council plan to impose a 3am initial closure for new licences, which they say is unfair and could devalue their businesses by up to 70 per cent.

They are also fighting a threat to close outdoor seating areas by 1am.

The city's draft alcohol strategy calls for restricting closing hours for taverns, bars and restaurants to 3am, with extended hours by application in the central business district.

This is supported by most of the 54 submissions presented yesterday to the council's committee for public safety and community order.

But 13 submissions supported licensed premises keeping 24-hour licences in the CBD, including 11 that objected to the 3am condition.

Some 99 premises in the CDB with open-all-hours licences would be affected.

Edward Aretino, who owns The Supper Club in Beresford Square, said it was too much to ask someone to buy a business and gamble on whether it would eventually get a longer licence.

He said the strategy was in conflict with the council's own goal of "operating hours to be consistent with Auckland City's strategic visions of a vibrant and dynamic 24 x 7 city".

Rob Ryan, who owns Honey in O'Connell St, said the last time Auckland was "exciting and pumping" was during the Lions rugby tour in June when the CBD opened until 7am to cater for supporters.

"By restricting to 3am closing you would have kicked them all out on to the street and they would have been bored for four to five hours.

"They made a lot of noise but were extremely well-behaved."

Mr Ryan said Auckland could not be a vibrant city if everyone had to go home at 3am.

"They will drink in their cars anyway and do burnouts on the street. But in our premises they would be our responsibility, which makes it 24 hours we have to look after them."

Committee chairman Graeme Mullholland said the council was encouraging people to live in the city centre as well as to party.

"We want a vibrant city but for people to have consideration for one another."

Viaduct Harbour apartment owner Genevieve Thomson said she had three round-the-clock bars as neighbours and had no problems with them.

But in 2003 when she first moved in, even solid walls could not keep out the noise that deprived her of sleep from 3am to 7am.

"A lot of people came from other areas that had tighter hours - a lot were bouncers and there were many brawls."

Mrs Thomson said it took a year to get the Liquor Licensing Authority in Wellington to close the offending Europa Bar - despite the work of police, council noise wardens, and licensing inspector.

Council senior community and social planner Marion Davies said new licensed premises initially received a 12-month licence under the law, so a temporary 3am closing was appropriate to monitor their host responsibility and their clients' behaviour.

Last year 20 new licensed premises opened in the CBD and a few with 24-hour licences never closed.

Ms Davies said that in response to concerns, officers recommended that restricting closing hours to 3am (excluding nightclubs) applied only to new on-licence premises.

Existing premises with 24 x 7 licences could retain these hours when the premises were sold to a new owner.

If an existing licensed premises was sold, the new owner would receive a three-month temporary licence as a probationary period.

This should take care of the hospitality trade's fears about losing goodwill when selling their business.

But Tui'one Faleafa, who owns four bars, said a probation period was already provided for in the Sale of Liquor Act.

All that was needed was for the act to be enforced instead of wasting time on new council policy.

"Licence-holders are always on probation."