Suggestions a Dunedin fizzy drinks institution that also sells alcohol is being treated unfairly, while supermarkets are ignored, have been given short shrift by authorities.
Wests (NZ) Ltd's application to renew its alcohol off-licence was opposed by Medical Officer of Health Dr Marion Poore at a district licensing committee hearing on Wednesday.
She argued the business, which has been trading for 139 years, was attempting to run a shop within a shop - selling alcohol and fizzy drink in the same premises, with all customers using the same door and the same till.
That meant younger customers visiting the store to buy fizzy drinks were also being exposed to an R18 licensed environment, alcohol-related signage and logos, including when queuing for purchases.
That was a concern because of the link between exposure to such material and future alcohol consumption patterns linked to alcohol-related harm, she said.
It was also incompatible with legislative changes introduced with the new Sale of Liquor Act in 2012, she argued.
Dr Poore's stance prompted complaints from several people who contacted the Otago Daily Times after the hearing to question why Wests was being targeted while supermarkets were overlooked.
The same question was raised by Colin Lind, the community representative on the district licensing committee, during the committee's hearing earlier this week.
Mr Lind, questioning Dr Poore, asked what was so different about Wests when ''every supermarket in this city has a shop within a shop selling alcohol - the same as this''.
Children visiting any supermarket were forced to walk past alcohol displays, ''and then when they get to the checkout . . . people in front of them have got bottles of alcohol''.
''Is that not as bad, or worse, than this particular premises?''
Dr Poore said that was true, but the Act had specific provisions that applied to supermarkets and not to Wests.
Medical Officer of Health Dr Keith Reid, also based in Dunedin, told the ODT on Thursday the Act outlined the types of premises which could hold off-licences.
The list included hotels and taverns, supermarkets, grocery stores and online retailers.
It also included alcohol manufacturers, but only if alcohol was their principal business, and retailers, but only those which earned at least 85% of their revenue from alcohol sales.
Wests did not qualify under the manufacturers' provision, Dr Reid said, and this week's hearing heard it might also not meet the new 85% threshold introduced in 2012.
Supermarkets qualified for off-licences under the Act, but still faced new rules on where alcohol could be displayed, and how it could be advertised, designed to limit exposure, he said.
The legislation now said displays must be confined to a single area, and not at the supermarket's entrance or checkout, he said.
However, those rules were being implemented in ''a rolling fashion'', as existing off-licences came up for renewal, meaning shoppers would notice a variety of approaches to alcohol displays still existed, he said.
Opposition had been lodged for upcoming renewals in Dunedin, including Countdown's central city supermarket and Fresh Choice in Roslyn, he said.
''Wests have fallen foul of the new legislation. They have not considered the classes of premises eligible for an off-licence under the new law.''
Dunedin City Council licensing inspector Tony Mole agreed, saying the store was ''probably'' not compliant any more, and changes - including capital investment to separate fizzy drink and alcohol sales - would be needed.
Wednesday's hearing adjourned without a decision, meaning Wests can continue to sell alcohol on its existing off-licence at least until February 24, when the hearing is due to reconvene.
