Medical Officer of Health says Dannevirke supermarket prosecution worthwhile

Gary Hasler, the co-owner of Dannevirke New World. Photo / Christine McKay

The Medical Officer of Health behind a failed High Court appeal centred around the angle of shelves at a Dannevirke supermarket says the exercise was still "worthwhile".

MidCentral DHB's Medical Officer of Health Robert Weir appealed an Alcohol Regulatory and Licensing Authority (ARLA) decision under the Sale and Supply of Alcohol Act 2012 with the backing of nine Public Health Service units, covering 15 DHBs.

Dr Weir confirmed the High Court appeal cost of $69,552.17 was shared between the nine Public Health Service units.

Those were MidCentral Public Health Services (covering MidCentral and Whanganui DHBs), Public Health South (covering Southern DHB), Community & Public Health (covering Canterbury, South Canterbury & West Coast DHBs); Nelson Marlborough Public Health Service (Nelson Marlborough DHB); Regional Public Health (Capital & Coast, Hutt Valley and Wairarapa DHBs); Hawke's Bay Population Health Service (Hawke's Bay DHB); Hauora Tairawhiti (Tairawhiti DHB); Toi Te Ora Public Health (Bay of Plenty and Lakes DHBs) and Waikato Population Health Service (Waikato DHB).

The appeal had sought clarification on the Single Alcohol Area (SAA) provisions. One of the main areas of focus was on a Section 112 of the act:

"The purpose of this section … is to limit (so far as reasonably practicable) the exposure of shoppers in supermarkets and grocery stores to displays and promotions of alcohol, and advertisements for alcohol."

Examples raised by the Medical Officer of Health in the appeal included the size of alcohol signage, end of aisle displays, as well as angled shelving.

"The appeal has been worthwhile, with the subsequent judgment providing the clarification sought. This will provide valuable guidance to DHB Public Health Units as well as to supermarkets and grocery stores throughout the country," Weir said.

"As alcohol plays a significant factor in a number of health issues such as mental health, accidents, domestic violence and cancer, it is important that health agencies continue to attempt to limit the adverse impact alcohol has on people's lives and health.

"The Sale and Supply of Alcohol Act 2012 also recognises this, requiring health agencies to work with the other regulatory agencies to minimise these harms. Working together, the agencies try to ensure the act's various requirements are complied with."

A spokeswoman for Hawke's Bay District Health Board pointed out its role in taking action was limited.

"Hawke's Bay DHB contributed to this as part of an agreement between public health units across the country, to manage legal cases that occur when Medical Officers of Health are required to execute their statutory function under the Sale and Supply of Alcohol Act 2012."

An appeal was made to the High Court after the Alcohol Regulatory and Licensing Authority approved the renewal of a liquor licence under the Sale & Supply of Alcohol Act for Dannevirke New World.

Neither police, any member of the public, nor local licensing authorities had objected to the renewal of the licence.

The appeal centred around some of the alcohol display shelving being at an angle when the licence renewal application plan showed it being at right angles to the wall.

The Medical Officer of Health said the angled shelves increased, "rather than minimised", the exposure of alcohol products to customers passing the alcohol area.

The appeal was dismissed in the High Court at the end of May.