Updated: $50m Herne Bay Countdown defeats objectors to win battle to sell alcohol

A new supermarket in a swanky Auckland suburb has overcome objections to its off-licence and can now sell alcohol.

The $50m Countdown Metro in Herne Bay opened in June and since then anyone wanting to buy beer and wine has been out of luck pending a hearing of the Auckland District Licensing Committee, which went ahead in the council chambers earlier this month.

Three people lodged objections: Waitematā Local Board chair Richard Northey, Herne Bay resident and retired merchant banker Dirk Hudig, and warranted Māori warden Thomas Henry.

The Committee said the objectors, two of whom failed to show up to the hearing, offered "no cogent evidence" why its licence should not be granted.

Neither police nor the medical officer of health opposed the application.

An Auckland Council licensing inspector raised no concerns in his report, according to the recently released decision of the Committee.

While he was listed as an objector, Hudig told the hearing he had no issue with the Kelmarna Ave supermarket being granted an off-licence.

Instead, he was concerned about the amount of empty alcohol cans bottles and boxes on local beaches and parks, including Sentinel and Home Bay beaches and Cox's Bay Reserve.

"Mr Hudig was strongly of the view that more cleaning up of parks and streets from debris was needed particularly in the summer months and that retailers should contribute to the cost of this," the Committee's decision said.

To that end, he wanted the Committee to consider imposing a condition whereby 5 per cent of the profits from alcohol sales are paid to Auckland Council to increase funding to address issues with litter, graffiti and monitoring alcohol ban areas.

Countdown Metro Herne Bay prepares for opening in June. Photo / Michael Craig

Countdown Herne Bay's solicitors said store staff monitor the area for litter and the Committee found no such licence condition levy was required.

Henry did not appear at the Committee but had two witnesses appear on his behalf, Oliver Denny and a trainee Māori Warden Belinda Fowler.

Fowler said the Countdown was in an area which included highly deprived communities.

She said she had used the New Zealand Index of Deprivation 2018 to identify areas close to the supermarket with high levels of socio-economic deprivation.

They include Tawariki and Moira Sts and part of Parawai Crescent, which have a deprivation score of 9/10, indicating very high deprivation levels.

That was rejected by a solicitor for Countdown, who said it was "almost absurd" to suggest Herne Bay - New Zealand's most expensive residential suburb for property - was deprived.

The Committee's decision said Fowler's experience of the area was limited.

"She advised she was not familiar with the area around the premises, and she had not been to the premises," it said.

Denny said he had visited nearby supermarkets, including two other Countdowns, where he had recorded single unit high-strength beers being sold for under $6.

He also cited the number of cars of relatively low value he had seen enter the Countdown Herne Bay's car park during a recent visit.

Local politician Northey, a Labour MP in the 1980s and 90s, also did not attend the hearing but tabled a written brief of evidence.

The exterior of the Kelmarna Ave supermarket. Photo / Michael Craig

He raised concerns about the 37 off-licenses within 2km of the premises, existing alcohol-related harm in the area, possible future levels of vandalism and elderly frail residents who are "vulnerable to alcohol-related nuisance".

The Committee's decision gave little weight to Northey's submissions because he did not attend the hearing so his evidence could not be tested.

It was also critical of Henry and his witnesses.

Had he attended, more weight would have been given to his evidence, it said.

"It is disappointing that [he] chose not to present evidence because the Committee could not question him on his concerns with the application or could they find out whether he still held the same concerns with the application having heard from the applicant."

The evidence adduced by his witnesses was "largely general in nature" and failed to make specific conclusions citing the criteria under the Sale and Supply of Alcohol Act 2012, the decision said.

The Committee said while there were two statistical mesh blocks in Herne Bay with a high deprivation index, these were much closer to other existing off-licenses than the Countdown.

"No cogent evidence has been adduced to indicate that the granting of this licence would result in an unsafe or irresponsible sale or supply of alcohol or an increase in the harm envisaged by the Act," the decision said.

It granted the licence with hours from 7am to 10pm Monday to Sunday.

Decisions of licensing committees can be appealed to the Alcohol Regulatory & Licensing Authority.