The "huge cost" of a frustrating two-year legal battle to renew a Queenstown Night n' Day store's liquor off-licence has ended with a High Court ruling in the store's favour.
The store, on the corner of Camp and Church Sts, has been at the centre of a legal argument which saw a District Licensing Agency (DLA) inspector appeal against the renewal to the High Court at Dunedin.
The June 23 ruling, released to the Otago Daily Times this week by Night n' Day Foodstores director Andrew Lane, declined the appeal, which was made on grounds of factual errors in consideration.
"It was really a decision that the DLA took against the judge of the Liquor Licensing Authority saying that his decision was incorrect ... It seems quite ironic that the DLA would take the LLA to task."
An application was made to the DLA for the renewal of the off-licence in March 2009, with no objections lodged against the application following public notice.
Liquor licensing inspector, Mary Fitzgerald, on inspecting the store, was "not convinced" it was not a grocery store with principal business of selling household food requirements - one of the provisos that allows the sale of alcohol.
The matter was heard at a Queenstown hearing in October last year, with the LLA overruling Ms Fitzgerald's appeal.
Ms Fitzgerald later took the matter to the High Court on alleged "error of facts" around evidence considered while considering the renewal.
However, Justice Christian Whata dismissed the appeal.
