A Dunedin fizzy drinks institution fighting to retain its alcohol licence says it is ''extremely frustrated'' to be battling bureaucracy.
West's (NZ) Ltd, which has been trading for 139 years, was yesterday granted a temporary reprieve after a district licensing committee hearing adjourned, without a decision, until February.
That meant West's could continue to sell alcohol using its existing off-licence, despite earlier objections from Medical Officer of Health Dr Marion Poore, at least until the hearing reconvened.
The move came after Dr Poore raised fresh concerns at yesterday's hearing about the business' operation, including whether it qualified for an off-licence when most of its trade was in non-alcoholic products.
That prompted Werner van Harselaar, the lawyer for West's (NZ) Ltd director Alf Loretan, to ask for more time to consider the issue, which had been raised in an email only on Monday.
''The Ministry of Health appears to be constantly moving the goalposts ... it has added confusion to an already confused process,'' he said.
Yesterday's hearing came more than a year after West's attempted to renew its existing off-licence, only to run into opposition from Dr Poore.
She was concerned the store's layout meant alcohol and associated advertising were ''clearly visible'' to unaccompanied minors, including pupils from nearby schools visiting before school.
But her objection was overlooked at the time, after Mr Loretan agreed to install curtains to screen alcohol from minors before 9am, and the application was approved earlier this year.
That prompted Dr Poore to ask for the application to be reconsidered, leading to yesterday's hearing.
Dr Poore, speaking yesterday, remained concerned the store allowed two distinct businesses - an alcohol store and fizzy drink outlet - to intermingle inside one premises.
That meant younger customers could be exposed to alcohol advertising and products, despite curtains put up until 9am to hide the alcohol, she said.
There was ''a considerable body of research'' demonstrating the link between exposure to alcohol and subsequent consumption patterns that influenced alcohol-related harm, she said.
Children visiting West's ''cannot help but be exposed to alcohol'' because of the store's layout, which ''gives the impression that West's are deliberately trying to blur the lines'', she argued.
Mr van Harselaar disagreed, saying alcohol was in a clearly defined R18 area, and most of the signage visible behind screens was actually non-alcoholic West's branding.
The owners were open to considering further changes, including the removal of signs, where practical.
Dr Poore said that would help, but other problems would remain, and the business needed ''two distinct premises'' to accommodate its ''incompatible'' fizzy drink and alcohol sales.
''It just seems a bit dodgy, to be honest,'' she said.
Dunedin City Council licensing inspector Tony Mole said the existing premises was ''unique'' in Dunedin, and it would be difficult for the owners to comply with legislative requirements.
''It's going to need a creative solution by the committee,'' he said.
