Wests (NZ) Ltd, which has been trading for 139 years, has been selling alcohol as well as fizzy drinks and flavoured syrups from its South Dunedin factory store for much of that time.
But the company hit a snag when an application to renew its existing off-licence, needed for alcohol sales, was opposed by medical officer of health Dr Marion Poore.
Kaye Loretan, wife of director Alf Loretan, speaking yesterday at a reconvened district licensing committee hearing on whether the business qualified for an off-licence, said it had been a tough year for her husband.
Dealing with the fight to continue selling alcohol had taken a ‘‘huge emotional toll'', but she was proud of the way he had carried himself throughout the process. She also took issue with the terms Dr Poore used to describe their business.
‘‘The language, poorly chosen, included the word ‘grooming', an accusation and a quote ‘it just seems a bit dodgy'.''
Mr Loretan said they planned to complain to Public Health South about the words used, and called on them to be retracted.
‘‘In our opinion, the use of terms such as grooming and dodgy by a public official is offensive, highly inappropriate, defamatory and quite frankly unacceptable.''
He also called on common-sense to prevail and asked the hearing panel to let Wests continue to operate in the responsible way it had done in the past.
Dr Poore was not present at the hearing, but in a letter tabled at the hearing said she continued to oppose the store being granted an off-licence, despite its attempts to minimise the visibility of alcohol.
Public Health South medical officer of health Dr Keith Reid, who was at the meeting instead of Dr Poore, said its opposition was not about trying to put the Loretans out of business.
‘‘I think Mr and Mrs Loretan want to continue their business as it is and I think the problem is I cannot see a way that it can [under the legislation].''
He also repeated Dr Poore's concerns about research showing the link between young people being exposed to alcohol and subsequent consumption patterns that influenced alcohol-related harm.
He believed a way could be found for the business to continue in a modified fashion.
Licensing inspector Martine Cashell-Smith said there was no way under the Sale and Supply of Alcohol Act that Wests could qualify for an off-licence.
It was an ‘‘unfortunate consequence'' of changes in legislation.
In her written submission, Ms Cashell-Smith repeated Dr Poore's view that the sale of non-alcoholic drinks and snack foods to school children was incompatible with the sale of alcohol.
A possible solution would be for the store to keep selling soft drinks, which under the Act could qualify as complementing alcohol, but end the sale of other items such as lollies and ice-cream.
Wests written submission to the hearing said the Act stated the system was meant to be ‘‘reasonable'', and this did not accord with Dr Poore's opposition, which was based on ‘‘unreasonable, pedantic and theoretical'' objections.
‘‘A reasonable approach would be to allow a sound operator to continue,'' the submission said.
A decision would likely be made within the next two weeks.
