The story behind the liquor cap

Matt Cowley
Tauranga City Councillor

We haven't communicated very well that it's tough to get a liquor licence under the Sale and Supply of Alcohol Act 2012, regardless of a local alcohol policy.

Council removed the cap for bottle-stores so we're not taken to court by those wanting to build supermarkets in new suburbs. But other factors led us to this decision too.

The policy is restrictive as a wet paper bag if it's not based on strong supporting evidence.

Our commissioners, who decide on each application, only need to ‘have regard to' our local policy, among several other site-specific matters (Sections 105 and 106 of the Act).

This doesn't mean the commissioner must ‘adhere to' or ‘be consistent with' our policy; it's just one factor to consider.

For the policy to have higher weighting against all factors, it needs to be based on robust research. Research from the Law Commission says different suburbs can be affected by the density of alcohol outlets in different ways.

I supported dropping the caps for off-licences because I felt the Act already provides commissioners with the right tools to make good decisions. For example, Section 106 requires commissioners to consider the current density of licences.

We'll ask the commissioners for feedback after they make decisions on recent off-licence applications.

Also note the burden of proof is on the applicant to prove how they'll meet requirements of the Act.

You also play a key role. Have your say if you're within a one kilometre radius of a proposed licence application. We also need to hear if existing liquor outlets are obeying the law too. Please contact us if there's an increase in vandalism, noise or nuisance.

Finally, this weekend marks the new council's first anniversary. We've stopped the previous council's increase of ratepayer-funded debt, but we've also delivered key projects.

I hope we're judged on our Long Term Plan, to be finalised in June 2015. There's no one big steering wheel for organisations like councils. Many small levers need to be turned to set a new course.

Feel free to email me your thoughts (matt.cowley@tauranga.govt.nz), call/text me on 027 6989 548, and follow me at www.facebook.com/a.younger.voice.

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