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1News / rnz.co.nz

Supermarkets lose battle over Auckland alcohol sales hours

May 5, 2023
Wine on supermarket shelves.

Supermarket giants Foodstuffs and Woolworths New Zealand have lost a long-running legal battle to prevent Auckland Council imposing stricter sale times for alcohol.

After eight years of court cases and appeals, the Supreme Court has today unanimously dismissed the appeals.

The decision means that in Auckland, alcohol will no longer be sold past 9pm at off-licence stores such as supermarkets and bottle stores - two hours earlier than currently permitted.

It also allows the council to restrict new off-licences - including putting a temporary freeze on issuing new off-licences in some areas including the city centre.

In 2015, the council introduced a policy to limit alcohol sales but it was delayed by the court cases and appeals.

The booze battle with supermarkets lasted almost a decade. (Source: 1News)

The Supreme Court today agreed that a restriction may be justified if there's a reasonable likelihood that it will reduce alcohol-related harm.

An off-licence sale is defined as alcohol bought to consume elsewhere.

Auckland Council said in a statement it welcomes the Supreme Court's decision today.

"At the heart of the council’s policy approach has been the reduction of alcohol harm in our communities."

“While the changes won’t happen overnight, we look forward to seeing alcohol suppliers reflect on the ways the policy will allow them to supply alcohol responsibly and where they can do their bit to mitigate the worst impacts of alcohol on their communities,” the council's Josephine Bartley said.

Woolworths issued a statement, saying: "We look forward to continuing to work constructively with Auckland Council on their local alcohol policy."

Foodstuffs spokesperson Emma Wooster said: "We’re naturally disappointed by the result, but respectful of the decision made by the Supreme Court and pleased with the clarity provided on the legal principles".

"We deliver a safe and responsible sale and supply of alcohol at all our licensed stores and the motivation behind appealing the decision has always been so our Auckland customers, who want to buy beer and wine, could have certainty around these products being available at the same time they do their supermarket shop. We acknowledge the clarity provided by the Supreme Court and we’ll continue to focus on serving our local communities responsibly."

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