The liquor licensing hearing for Super Liquor Cumberland reconvened on Friday, Kitt Enterprises Ltd — the company behind the outlet — offering its revised plan to make the store compliant with new legislation governing the sale and supply of alcohol.
The store is directly connected to BP 2go Dunedin North in Cumberland St and shares a forecourt with the service station. Such a situation is not allowed under the Sale and Supply of Alcohol Act.
The hearing of the business’ liquor licence renewal began last month. It was adjourned by Dunedin district licensing committee chairman Colin Weatherall to give the applicant time to come up with plans for alternative access to the store or to relocate.
Renewal of the licence was opposed by police, Public Health South, the Dunedin District Council and the University of Otago, whose vice-chancellor Harlene Hayne submitted a letter of opposition.
Counsel for the applicant Paul Buckner said the applicant had devised two options for alternative access to the store. The preferred option would be a 1.3m-high red pool fence, which would partition the entrance of the store from the rest of the forecourt.
It would run parallel to the store’s entrance for a short distance before running on an angle to the Cumberland St footpath. The second option would make the store’s rear access the new main entranceway and have fences separating it from the surrounding car park.
Mr Buckner said the applicant had been communicating with BP about the proposal and as long as the fence was hinged, to allow trucks access to fuel storage tanks, BP supported the plan. The forecourt immediately in front of Super Liquor was leased by the outlet and BP had right of way through a longstanding informal agreement, which Super Liquor intended to continue to honour.
Authorities were opposed to the first option, but were open to the possibility of the second option.
"In the opinion of the police, option A doesn’t gain any momentum at all," alcohol harm prevention officer Sergeant Ian Paulin said.
If approved, he wanted the second option to come with reduced store hours.Council licensing inspector Tony Mole said "option A clearly doesn’t comply" with the case law surrounding the Act. That sentiment raised the hackles of the applicant.
Both sides reached an impasse, disagreeing on the intention of the Act and its application.
Mr Weatherall adjourned the hearing and reserved the decision of the committee.
