New Zealand Supermarket Duopoly, Foodstuffs and Woolworths have been appealing the Auckland City Council's proposed local alcohol policy (PLAP), wherein alcohol sale times are restricted, since 2015.
However, the Supreme Court has dismissed the duopoly's appeal following eight years of the supermarkets' combined effort to prevent the Auckland City Council's proposed sale times for alcohol.
Therefore, in Auckland, alcoholic beverages can no longer be sold from supermarkets or bottle stores after 9 pm. This is two hours before the sales times allowed for alcohol at present.
These new regulations will also allow the Auckland City Council to restrict new off-licenses, coupled with the power to temporarily freeze issuing new off-licenses in specific areas such as the city centre.
The core argument from supermarket companies was underpinned by maximising trading hours (for the sale of alcohol), decision-making on where new off-licences might go, and discretionary decisions on alcohol licences.
These proposed policies were brought forth by the Council in 2015. However, the policy implementation has faced setbacks due to the supermarket duopoly's appeals.
However, the Supreme Court has ruled in favour of the Council, confirming the agreement that these restrictions are justifiable if there is a potential likelihood that they could reduce alcohol-related harm.
"This has been a lengthy process spanning nearly eight years," said Auckland Council's Chief of Strategy Megan Tyler.
Tyler continued that the appeals began with supermarket chains making submissions against various provisions to the Alcohol Regulatory and Licensing Authority (ARLA), followed by those companies seeking judicial review of the ARLA decision in the High Court and appeals to the Court of Appeal and most recently the Supreme Court.
While these appeals before the Supreme Court are now exhausted, this decision PLAP still has some strides to make before it comes into force as there remain to be several outstanding matters requiring resolution before ARLA. The Council is committed to turning its attention towards these matters.
Auckland Council Regulatory and Safety Committee Chair Josephine Bartley welcomes the Supreme Court's decision.
"At the heart of the council's policy approach has been the reduction of alcohol harm in our communities," said Bartley.
"We welcome the resolution of this appeals process and the opportunity to implement our local alcohol policy. Eight years has been a long time to wait."
