The company appeared before the committee on December 1 seeking an off-licence so it could sell New Zealand-made alcohol from its retail souvenir shop within the gondola and restaurant complex.
It applied for a complementary licence which, under the Act, means its principal business must not be the sale of food.
Only 2% of the total sales from the souvenir shop were classified as ``food'' and the company had no plans to increase the floor area to boost honey sales.
Its application contended the sale of alcohol made in New Zealand would appropriately complement other goods sold.
In his decision Judge Bill Unwin said at present 85% of the items sold in the shop related primarily to clothing, jewellery and souvenirs.
``The company anticipates that the additional sale of New Zealand alcohol will account for 1% of total sales.''
The police opposed the application primarily because the application did not comply with the Act. They also questioned the proposed hours of trade - from 9am to 11pm daily - the potential harm from the exposure of alcohol to young people in the shop and the precedent-setting nature of the application.
``Because this was a `greenfield' application for Queenstown, the application was sent to a public hearing.''
Skyline food and beverage manager Pierre Poyet said at the hearing the company had reviewed its souvenir range and shifted the focus to celebrating New Zealand made - among the items to be displayed was a Skyline-branded Central Otago pinot noir, as well as a dedicated craft beer.
In terms of the precedent-setting nature of the application, Mr Poyet sought for the application to be viewed on its own merits.
``Dr [Derek] Bell [Medical Officer of Health] gave an oral submission in which he suggested that the issue of precedence was important and needed to be considered carefully.''
The judge said the committee must determine whether selling alcohol was an appropriate complement to other products.
``Provided the sale of New Zealand alcohol is a low-key adjunct to an already established souvenir business then we believe that an off-licence can be granted.
``As a nation, we can be justifiably proud of the wine, craft beer and even spirits that are produced in this country.
``If other souvenir shops in the Queenstown CBD believe they can provide a limited opportunity for tourists to purchase alcohol made in New Zealand as a form of memento ... then we do not believe that the Act's [objectives] will be compromised in any way.''
``It is important for the licensee to appreciate that once the line is crossed, where the sale of alcohol products becomes a significant item in its own right, then it may no longer retain the right to sell alcohol ... the alcohol must always be a fitting or suitable complement to the souvenirs in the shop.''
