An Auckland superette for which ice-cream accounts for 15 per cent of sales has been refused a licence to sell alcohol as well.
The Liquor Licensing Authority said it was satisfied the Walia Superette in New North Rd, Mt Albert, was a shop "of a kind commonly known as a dairy"and should therefore not be granted an off-licence to sell takeaway liquor.
Although there is no definition of a dairy in the Sale of Liquor Act, the authority said it had in previous cases taken this to mean a shop frequented by children to buy sweets, lollies and icecreams.
"It is assumed the reason Parliament excluded dairies from premises which can be granted an off-licence is because of the likely presence of unaccompanied minors," authority chairman Judge Edward Unwin and member John Crookston said in their latest decision.
The superette's owner, Ahluwalia Enterprises, produced figures showing that mainstream household foodstuffs accounted for 36 per cent of its sales and argued that it was therefore not a dairy.
But district licensing agency inspector Don Sara noted that ice-cream sales excluded from that figure amounted to 15 per cent of turnover.
