Key Licensing Decision for Supermarkets
Christchurch Medical Officer of Health v J & G Vaudrey Limited (& Ors) [2015] NZHC 2749
The High Court has released a decision clarifying the role of District Licensing Committees (DLCs) in describing single area conditions in supermarkets, but aspects of the decision may lead to uncertainty for future applicants.
The Sale and Supply of Liquor Act 2012 (the Act) brought into force a much more comprehensive regime for applications for and renewals of alcohol licences than its predecessor, the Sale of Liquor Act 1989. One of the key changes for supermarkets and grocery stores is that all licence applications and renewals are subject to a 'single-area condition', which limits the display and promotion of alcohol to a certain area or areas within the premises. This new condition was introduced for the purpose set out in section 112(1) of the Act:
"...to limit (so far as is reasonably practicable) the exposure of shoppers in supermarkets and grocery stores to displays and promotions of alcohol, and advertisements for alcohol."
This appeal examined the role played by a DLC in describing the single-area condition in a licence application or renewal.