Liquor store versus police
Selling to minors, a drunk staffer on the job and ‘‘a casual regard for the rules’’ have all but ended a Wellington liquor store’s chances of having its previously long hours reinstated.
For two years, Capital Liquor in Manners St has been embroiled in a fight with police and public health officials over its closing time, as well as alcohol-related harm in the proximity of the central city store.
The implications of the High Court dismissal of the case have the potential to set a precedent for other liquor stores. The conflict reached fever pitch in late 2018 when the opening hours at the store – considered ‘‘one of the most high-risk’’ in the capital – were slashed by more than four hours a day by the Wellington District Licensing Committee.
The committee concluded the store was too high-risk to operate during the evening but could be open during daylight hours.
The decision was upheld on appeal to the Alcohol Regulatory and Licensing Authority (ARLA).
Subsequent legal attempts by owner Qiang Liu, including an application to the High Court, were all unsuccessful. Now the reasons behind the High Court decision have been made public.
Justice Karen Clark, who last month threw out Liu’s appeal, noted in her decision that the store did not have ‘‘an unblemished record or operation’’ and applauded the Wellington District Licensing Committee for recognising the vulnerability of the area ‘‘raised the bar on the appellant’s suitability’’.
Liu’s lawyer argued that forcing the store to close at 6pm was ‘‘excessive and oppressive’’ and was intended to curb the store’s business ‘‘by deliberately targeting its busiest trading time’’.
In response, several incidents were revisited to illustrate why the store’s hours were reduced.
The most shocking involved a call to police from Capital Liquor staff members who were concerned that co-director at the time Shuping Cao was lying on the floor behind the counter.
He appeared intoxicated with bloodshot eyes and slurred speech, police said, but Cao disputed the assessment, saying instead that he had consumed ‘‘some wine’’ at a restaurant and had been sleeping on the floor as ‘‘he had decided to have a nap’’.
Cao stepped away from the business before its latest licence renewal but the damage had already been done in the eyes of police and public health. Liu and Cao were said to have ‘‘a poor appreciation’’ of the alcohol-related harm arising from sales at their store.
In addition to the sleeping incident, the judge also noted that Capital Liquor had failed two controlled purchase operations (CPOs) – designed to test whether licensed operators will sell alcohol to minors.
The first, in 2013, involved Liu who sold alcohol to a minor.
He said hayfever had affected his eyesight and he ‘‘did not realise’’ he was selling to an under-age person.
Another key piece of evidence against Liu was police statistics on the number of alcohol-related incidents at Capital Liquor and in the surrounding area.
Police received 23 callouts to the store during the period of its previous licence, the majority of them for theft of alcohol. The remaining incidents involved intoxicated people, and failed CPOs.
Additionally, police received 895 alcohol-related calls for assistance within a 200-metre radius of Capital Liquor’s premises between July 2016 and July 2017, including 33 serious assaults and 64 minor assaults.
Police were unable to provide figures on how many alcohol-related callouts they had attended in the same area between December 2018, when the store’s hours were first cut, and July 2019. They asked for this data to be requested through the Official Information Act.
The implications of the High Court dismissal have the potential to go further than the closure of Liu’s business, with its potential to set a precedent for other central liquor stores.
In December, medical officer of health Dr Stephen Palmer said the ARLA decision sent a strong message to other liquor retailers in the area. Capital Liquor is one of about 10 liquor stores in the central city; a number Palmer would like to see reduced.
The deputy chair of the New Zealand Alcohol Beverages Council, Robert Brewer, has been following the Capital Liquor case.
While not surprised by the outcome, he was concerned about talk of it setting a precedent for other alcohol retailers.
‘‘Cracking down on hours or the number of outlets might change the dynamic of the area but it won’t necessarily stop harmful behaviour.’’
Liu is yet to decide whether he will continue exploring his options in regards to appealing the decision again, having only received the reasoning on Wednesday.
Police received 23 callouts to the store during the period of its previous licence.