Latest news with #SaleandSupplyofAlcoholAct
NZ Herald
3 days ago
- Business
- NZ Herald
Wellington's The Residence Bar has licence suspended for 2-for-1 drinks sign visible from footpath
The "happy hour" sign at the Residence Bar on Wellington's Courtenay Place advertising 2 for 1 happy hour drinks was found in breach of the Sale and Supply of Alcohol Act. The ruling, published yesterday, says Ubiaga acknowledged the advertisement was a breach of the Sale and Supply of Alcohol Act, but said that 'promotions of this nature had been run by him for some years'. 'He is also now well aware of the likely consequences of further breaches', the decision states. Judge Robert Spear ordered a 48-hour suspension of The Residence and placed a negative holding against the business. Three negative holdings or findings within a three-year period requires an application to be made for the cancellation of the bar's on-licence The application against Dakota was dismissed and the bar received no negative holding. Jose Ubiaga inside Rubix Bar, one of the two Courtenay Place bars he closed last year. Photo / Mark Mitchell Ubiaga, who has previously spoken out about opposition to licensing in the area, told the Herald it was another example of the council treating his businesses unfairly. When he received the email from the council informing him of the chalkboard breach, he 'went straight down there and wiped off the '2 for 1′ within minutes", he said. He said both instances were human error and were corrected when brought to his attention. Ubiaga believes they were both minor breaches and not deserving of going before the Alcohol Regulatory and Licensing Authority. 'They've got a bee in their bonnet about me', he said of the council, 'because I talk out about them'. The sign at the Residence Bar on Wellington's Courtenay Place advertising 2 for 1 happy hour drinks was found in breach of the Sale and Supply of Alcohol Act. Ubiaga, who has been operating bars on Courtenay Place for 20 years, said he used to have a good relationship with the council's compliance team but in recent years that has deteriorated. He believes they are too focused on compliance rather than working with business. 'We're at a time where it's probably been the toughest I've ever seen it, especially in Wellington. If anything, the council need to be working with businesses to kind of make sure they stay operating not put roadblocks up.' He estimates the 48-hour closure, which took place earlier this month, cost the business thousands of dollars. 'You've got staff that don't get two days' work so they lose out, obviously you've got the income from not being able to open for two days as well, you've got the cash flow problems, you don't have to walk around very far to realise how tough it is out there', Ubiaga said. Wellington City Council did not have any comment to provide on the matter, except to say it 'accepts the ARLA decision'. Ubiaga last year put two of his Courtenay Place venues, Rubix and SugarWoods, into liquidation citing declining foot traffic in the area. Ethan Manera is a New Zealand Herald journalist based in Wellington. He joined NZME in 2023 as a broadcast journalist with Newstalk ZB and is interested in local issues, politics, and property in the capital. He can be emailed at the Residence Bar and Dakota
1News
07-07-2025
- Business
- 1News
South Auckland grocery store loses right to sell alcohol
A store in south Auckland has lost its right to sell alcohol after their efforts to pass itself off as a grocery store was rejected, in a precedent-setting case. McLennan Grocery Store, at Swamp Kauri Grove in Papakura, was recently granted an off-licence in March by the Auckland District Licensing Committee (ADLC). However, after an appeal led by Auckland councillor Angela Dalton with the Alcohol Regulatory and Licensing Authority (ARLA), the off-licence was denied. The appeal focused on whether the shop met the statutory definition of a grocery store under the Sale and Supply of Alcohol Act. According to section 33 of the Act, a grocery shop was defined as a premises that emphasised the sale of food products as the principal business, and characteristics normally associated with grocery shops. ADVERTISEMENT Under the Act, a convenience store wasn't permitted to sell alcohol. Communities Against Alcohol Harm secretary Dr Grant Hewison said ARLA's decision will now set a precedent for future off-license applications on grocery and convenience stores. "This decision will be welcomed by many in the Papakura community," Hewison said. "It's encouraging to see ARLA taking a firm stance on the difference between convenience stores and grocery stores to avoid alcohol being sold from convenience stores," Hewison said. He said convenience stores were often located right in the centre of residential communities and were intended to be convenient. Parliament made it clear in the Sale and Supply of Alcohol Act that liquor shouldn't be sold from 'convenience' stores, Hewison said. The morning's headlines in 90 seconds, including deadly Texas floods, Australian woman attacked by a lion, and Elon Musk's new political party. (Source: 1News) ADVERTISEMENT The off-licence application Baj Holdings Limited applied for a new off-licence with the DLC, for McLennan Grocery Store September 3, 2024. The shop was formerly known as McLennan Convenience Store. The applicant stated the primary business was food sales and agreed to conditions such as alcohol sales only until 8pm. The medical officer had initially opposed the application but withdrew after viewing photos showing an increase in the range of food and groceries sold, and introduction of shopping baskets, after an earlier visit. With no opposition from key agencies, and six public objectors related to alcohol-related harm, the application was granted on March 11. DLC concluded the application met the object of the Sale and Supply of Alcohol Act 2012, the company was suitable, the application was consistent with the Local Alcohol Policy, and the proposed hours, design, and other goods sold were appropriate. The appeal ADVERTISEMENT In June, councillor Dalton filed an appeal with ARLA, against the District Licensing Committee's decision for McLennan Grocery Store. Her appeal was focused on whether the premises met the statutory definition of a grocery store under the Act, and the object of the Act. In its own inspection, ARLA found the shop was not what people would consider patronising to shop for grocery items, but more to pick up items they were running out of, therefore characterising the shop as a 'convenience store'. The entrance of the shop did not suggest it was a grocery store, other than the amended signage from McLennan Convenience Store to McLennan Grocery Store. There was a large sign outside and inside with prices assigned to various goods. ARLA found none of the items listed suggested the store had as its principal business the sale of food products. They found it concerning there was limited space given on the limited range of food products like bread, fresh fruit, vegetables and fresh meat. However, greater prominence was given to other aspects of the business — drinks and takeaways. ADVERTISEMENT The premises had a vape store, which ARLA said was more easily aligned with a convenience store than a grocery store, and that there were only two baskets available for shoppers to use to load goods, which was also inconsistent with a grocery store. "For these reasons we consider that the appeal must succeed as we do not consider that these premises meet the requirements of a grocery store," ARLA said in its decision. "The shop certainly had aspects that could be attributed to those expected of a grocery store, but those aspects appeared to be secondary to other aspects of the business that appeared to us to be correctly and appropriately those of a convenience store." LDR is local body journalism co-funded by RNZ and NZ On Air.
Scoop
06-07-2025
- Business
- Scoop
South Auckland Grocery Store Loses Right To Sell Alcohol
A store in south Auckland has lost its right to sell alcohol after their efforts to pass itself off as a grocery store was rejected, in a precedent-setting case. McLennan Grocery Store, at Swamp Kauri Grove in Papakura, was recently granted an off-licence in March by the Auckland District Licensing Committee (ADLC). However, after an appeal led by Auckland councillor Angela Dalton with the Alcohol Regulatory and Licensing Authority (ARLA), the off-licence was denied. The appeal focused on whether the shop met the statutory definition of a grocery store under the Sale and Supply of Alcohol Act. According to section 33 of the Act, a grocery shop was defined as a premises that emphasised the sale of food products as the principal business, and characteristics normally associated with grocery shops. Under the Act, a convenience store wasn't permitted to sell alcohol. Communities Against Alcohol Harm secretary Dr Grant Hewison said ARLA's decision will now set a precedent for future off-license applications on grocery and convenience stores. 'This decision will be welcomed by many in the Papakura community," Hewison said. 'It's encouraging to see ARLA taking a firm stance on the difference between convenience stores and grocery stores to avoid alcohol being sold from convenience stores," Hewison said. He said convenience stores were often located right in the centre of residential communities and were intended to be convenient. Parliament made it clear in the Sale and Supply of Alcohol Act that liquor shouldn't be sold from 'convenience' stores, Hewison said. The off-licence application Baj Holdings Limited applied for a new off-licence with the DLC, for McLennan Grocery Store September 3, 2024. The shop was formerly known as McLennan Convenience Store. The applicant stated the primary business was food sales, and agreed to conditions such as alcohol sales only until 8pm. The medical officer had initially opposed the application, but withdrew after viewing photos showing an increase in the range of food and groceries sold, and introduction of shopping baskets, after an earlier visit. With no opposition from key agencies, and six public objectors related to alcohol-related harm, the application was granted on March 11. DLC concluded the application met the object of the Sale and Supply of Alcohol Act 2012, the company was suitable, the application was consistent with the Local Alcohol Policy, and the proposed hours, design, and other goods sold were appropriate. The appeal In June, councillor Dalton filed an appeal with ARLA, against the District Licensing Committee's decision for McLennan Grocery Store. Her appeal was focused on whether the premises met the statutory definition of a grocery store under the Act, and the object of the Act. In its own inspection, ARLA found the shop was not what people would consider patronising to shop for grocery items, but more to pick up items they were running out of, therefore characterising the shop as a 'convenience store'. The entrance of the shop did not suggest it was a grocery store, other than the amended signage from McLennan Convenience Store to McLenann Grocery Store. There was a large sign outside and inside with prices assigned to various goods. ARLA found none of the items listed suggested the store had as its principal business the sale of food products. They found it concerning there was limited space given on the limited range of food products like bread, fresh fruit, vegetables and fresh meat. However, greater prominence was given to other aspects of the business - drinks and takeaways. The premises had a vape store, which ARLA said was more easily aligned with a convenience store than a grocery store, and that there were only two baskets available for shoppers to use to load goods, which was also inconsistent with a grocery store. "For these reasons we consider that the appeal must succeed as we do not consider that these premises meet the requirements of a grocery store," ARLA said in its decision. "The shop certainly had aspects that could be attributed to those expected of a grocery store but those aspects appeared to be secondary to other aspects of the business that appeared to us to be correctly and appropriately those of a convenience store." LDR is local body journalism co-funded by RNZ and NZ On Air.
Scoop
04-06-2025
- Health
- Scoop
Bottle Shops Caught Selling Alcohol To Minors
Article – Torika Tokalau – Local Democracy Reporter Eleven bottle shops and stores across Auckland have been caught selling booze to under-18s in the past bottle shops and stores across Auckland have been caught selling booze to under-18s in the past year. Black Bull Northcote, Simply Fresh in Hillcrest, Glengarry Ellerslie, Brew Royal Oak, Bottle O Mount Smart, Grand Food Mart in Orewa, Kowhai Liquor Centre at Warkworth, Wine and Spirits in Flat Bush, Forrest Hill Liquor Centre, Favona Liquor Wholesale and Unsworth Liquor – had their licences to sell alcohol suspended briefly for breaching the Sale and Supply of Alcohol Act 2012. The stores were caught during several controlled purchase operations conducted by Auckland Council's Alcohol Licensing Unit, police and the Auckland Regional Public Health Service, from last May to date. Auckland Council manager of licensing and environmental health Mervyn Chetty said there were clear expectations that anyone granted an alcohol licence will follow the rules. 'Selling alcohol to a minor is against the law,' Chetty said. 'It puts young people at serious risk of alcohol related harm including injuries and accidents.' Glengarry Ellerslie, Brew Royal Oak, Kowhai Liquor Centre, Black Bull Northcote, Wine and Spirits, Forrest Hill Liquor Centre, Favona Liquor Wholesale and Unsworth Liquor were suspended for 48 hours. Bottle O Mt Smart was suspended for 72 hours in March, while Simply Fresh in Hillcrest and Grand Food Mart in Orewa were handed seven day suspensions in April and January respectively. Another off-licence, Good to Go in the central district, was suspended for 21 days for a series of breaches. The store had no manager on duty, failed to give notice of manager appointments, had unauthorised sale, and sold RTDs at a grocery. The suspensions have all been completed, Chetty said. Controlled purchase operations are conducted to test compliance with laws against selling alcohol to minors. 'As all licence holders will know, suspensions are put in place for first-time offenders, however repeat offences may carry greater penalties which are set out in the Sale and Supply of Alcohol Act,' Chetty said. 'Every alcohol licence comes with rules and conditions to support the sale and supply of alcohol in a safe and responsible manner, which will help reduce alcohol related harm.' The suspensions were handed out by the Alcohol Regulatory and Licensing Authority (ARLA).
Scoop
04-06-2025
- Health
- Scoop
Bottle Shops Caught Selling Alcohol To Minors
Article – Torika Tokalau – Local Democracy Reporter Eleven bottle shops and stores across Auckland have been caught selling booze to under-18s in the past year. Black Bull Northcote,Simply Fresh in Hillcrest, Glengarry Ellerslie, Brew Royal Oak, Bottle O Mount Smart, Grand Food Mart in Orewa, Kowhai Liquor Centre at Warkworth, Wine and Spirits in Flat Bush, Forrest Hill Liquor Centre, Favona Liquor Wholesale and Unsworth Liquor – had their licences to sell alcohol suspended briefly for breaching the Sale and Supply of Alcohol Act 2012. The stores were caught during several controlled purchase operations conducted by Auckland Council's Alcohol Licensing Unit, police and the Auckland Regional Public Health Service, from last May to date. Auckland Council manager of licensing and environmental health Mervyn Chetty said there were clear expectations that anyone granted an alcohol licence will follow the rules. 'Selling alcohol to a minor is against the law,' Chetty said. 'It puts young people at serious risk of alcohol related harm including injuries and accidents.' Glengarry Ellerslie, Brew Royal Oak, Kowhai Liquor Centre, Black Bull Northcote, Wine and Spirits, Forrest Hill Liquor Centre, Favona Liquor Wholesale and Unsworth Liquor were suspended for 48 hours. Bottle O Mt Smart was suspended for 72 hours in March, while Simply Fresh in Hillcrest and Grand Food Mart in Orewa were handed seven day suspensions in April and January respectively. Another off-licence, Good to Go in the central district, was suspended for 21 days for a series of breaches. The store had no manager on duty, failed to give notice of manager appointments, had unauthorised sale, and sold RTDs at a grocery. The suspensions have all been completed, Chetty said. Controlled purchase operations are conducted to test compliance with laws against selling alcohol to minors. 'As all licence holders will know, suspensions are put in place for first-time offenders, however repeat offences may carry greater penalties which are set out in the Sale and Supply of Alcohol Act,' Chetty said. 'Every alcohol licence comes with rules and conditions to support the sale and supply of alcohol in a safe and responsible manner, which will help reduce alcohol related harm.' The suspensions were handed out by the Alcohol Regulatory and Licensing Authority (ARLA).
