'Difficult' law likely to change

The Alcohol and Regulatory Licensing Authority has suggested some amendments to ''one of the most horrendously difficult pieces of legislation'' a judge had ''ever seen''.

At an ARLA hearing in the Queenstown District Court on Tuesday, Judge John Hole was asked by Promote Dunstan Inc, which runs the Clyde Wine and Food Festival, to give a determination on the requirements for on- and off-licences under a section of the Sale and Supply of Alcohol Act.

The judge said he was unable to do so, partly because the event had already been held.

However, he said the section of the Act relating to special licences was an ''incomprehensible piece of legislation'' and the authority had ''suggested some amendments''.

''If we were to give you an opinion at this stage on what is virtually an incomprehensible piece of legislation, it's probably not going to help you much anyway if they change the legislation.''

Promote Dunstan secretary Louise Joyce said the Clyde Wine and Food Festival was an annual event which acted as a fundraiser and a promotion tool for vineyards within the Alexandra basin.

Under the previous Act, the group could apply for, and be granted, special on- and off-licences, the latter covering alcohol sales by all stall-holders.

However, under the new Act, because Promote Dunstan was not in the business of manufacturing, distributing, importing or wholesaling alcohol, it could not be issued with an off-licence.

That meant each of the 18 stall-holders at this event had to apply for an off licence, which was reduced by the council from $575 each to $65.

Central Otago District Council Licensing Inspector Raymond Applegarth said granting the on-licence to Promote Dunstan and off-licences to stall-holders ''appeared to be both legal and the best fit to meet the object of the Act''.

Judge Hole said while Promote Dunstan had lodged an appeal on that decision, ''this matter can't really go anywhere'' because the function had been held.

He recommended organisers lodge applications for next year's event early so the matter could be heard and argued prior to the festival.

tracey.roxburgh@odt.co.nz

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