That was the question at the centre of a District Licensing Committee hearing into the Dunedin shop's application for a liquor licence renewal yesterday.
The hearing has been labelled ''a test case'' for the new Sale and Supply of Alcohol Act 2012.
While New Zealand Police and the licensing inspector had no objections to the licence renewal, Public Health South medical officer of health Keith Reid opposed it on a technicality.
Dr Reid said Public Health South did not believe the Regent Night 'n Day was a grocery store, as defined in section 33 of the Sale and Supply of Alcohol Act 2012.
Rather, it was believed it was a convenience store and ineligible to be licensed for the sale and supply of alcohol.
''Given the wording of the Sale and Supply of Alcohol Act 2012, the branding of the shop, its layout, its opening hours ... and the external appearance of the store `is easily identifiable as a convenience store', it is my submission that there are grounds to consider that the present premises are of a type `commonly thought of as a convenience store'.''
He said the shop was branded as part of a chain which used the word ''convenience'' as part of its marketing.
The store was also open 24 hours a day and provided a wide range of snack foods and prepared food items, as well as hot and cold beverages.
These items were positioned prominently within the shop, nearest the door and the point of sale.
However, Regent Night 'n Day company director Denise Lane gave evidence to suggest her shop was a grocery store.
Mrs Lane said she and husband Andrew bought the shop in 1983 as an A1 Discount Grocery store, and before that, it was a Four Square grocery store.
The shop had been selling alcohol alongside groceries for the past 21 years, she said.
''Even with liquor licence hearings before the legislative changes [in 2012], we have maintained before the authority well before, that we are not a convenience store, but a grocery store.
''Our retail space of the store is 206sq m, which is large for a grocery store, and would be astronomical for a convenience store.''
The shop sold 93 different breakfasts and cereals; 27 varieties of cheese; 32 varieties of meat; 76 different deli items; 54 varieties of frozen food; 65 varieties of sauce, oils and chutneys; and 34 varieties of soup, she said.
''Our last renewal went to the Liquor Licensing Authority, in 2011, and they determined that Regent Night 'n Day Foodstore is a grocery store.''
Legal counsel for the shop, Katie Lane, said food products accounted for 41.75% of its business.
Takeaway foods and alcohol accounted for 29.78% and 5.20% respectively.
Dr Reid believed this was a test case for the new Act.
''I submit that in this application for a licence renewal, the test as to whether premises are or are not a convenience store, must be applied as an integral part of consideration of their status under section 33(2).''
Committee members Colin Weatherall (chairman), David Benson-Pope and Andrew Noone reserved their decision.
