Odds stacked against residents in liquor fight

Communities fighting liquor licences have many barriers raised against them, writes David Hawke. But that’s no reason to give up the battle.

Alcohol is a conflicted space in our society. Few people call themselves teetotallers, yet most know the societal costs that go with too much alcohol, from domestic violence and foetal alcohol syndrome to litter and loutish behaviour.

These issues often come with alcohol bought away from the supervision of a restaurant or tavern, so a proposal to open a new bottle store will be justifiably contentious.

Someone wanting to sell alcohol must apply for a licence, and locals are able to object. The process starts with notification of the proposed premises and the applicant’s details, followed by the filing of objections, and the hearing of those before a district licensing committee. Police, the medical officer of health, and a licensing inspector usually take part too.

There is then the opportunity to appeal against the decision, which involves paying a fee, lodging appeal documentation, and the hearing of the appeal and counter-arguments before a judge.

We have lately been through the objection and appeal process for a proposed local bottle store in Halswell, Christchurch, so have first-hand experience of the good and the bad.

Firstly, the good. At the initial hearing, we found everyone courteous and objectors’ viewpoints were taken seriously. If you go to appeal, there is no awarding of costs, thereby keeping the financial side within some sort of limit. Furthermore, appellants can represent themselves (we did) and again, we got a patient and considered response from the judge to our sometimes-amateurish presentation.

Unfortunately, communities face many barriers to participation. The first is how to find out that someone wants to sell alcohol in your neighbourhood. An applicant is required to post a dated notice on the affected premises and lodge a public notice. Sadly, such notices easily escape attention, so the closing date can easily pass.

The next barrier is finding out exactly what is proposed; a potential objector needs this information to lodge a fully informed objection. In Wellington and Dunedin, applications are posted online, but in Christchurch, the potential objector must make an appointment to view the full application at the council offices. Such a visit

typically occurs in office hours, which isn’t much use if you have work commitments.

Most seriously, a community needs substantial resources of both time and expertise. To have any chance of succeeding, the objector must frame their objection in terms of the legislation.

To do this requires high-level researching and writing skills, which many individuals and communities do not have. These skills must be taken to an even higher level if there is an appeal. There is no provision for anything other than a written objection, shutting out people used to presenting viewpoints only orally.

The time requirement is, in our experience, enormous. The objection and appeal process for the application in our area has dominated our residents’ association’s activities for a year. Projects such as lobbying to enhance the local swimming pool or improve public transport are on the backburner.

It is easier if your council has a local alcohol policy, because this sets ground rules for establishing licensed premises. Unfortunately, many councils have not completed such a policy because it is ‘‘too hard’’, instead putting the onus on affected communities.

Then, the hearing itself requires an objector to turn up on a weekday to present their objection orally, with no allowance for work or other commitments. If you don’t turn up, your objection will be taken less seriously.

Having turned up, many objectors are unused to public speaking, so find it hard to get their views across. Furthermore, an objector can expect close questioning, which can be harrowing.

Objectors have the opportunity to ask questions of the applicant and the police, medical officer of health and licensing inspector. Although this is a good thing, you will probably not have had much time to go over the reports before going to the hearing; in many towns and cities, the reports are not pre-circulated. In comparison, the applicant (and the agencies) will have seen your objection further in advance and can prepare accordingly. So, what should you or your community do? Firstly, get advice from organisations such as Community Law or alcohol NGOs.

Secondly, organise. Run a community meeting, and get as many people as possible to file objections – and turn up at the hearing.

Finally, give it everything; you will learn lots, and it will prepare you for next time.

Give it everything; you will learn lots, and it will prepare you for next time.