Wine Licence Appeals

Press, Volume CII, Issue 30073, 6 March 1963, Page 14

Wine Licence Appeals

(From Our Ou>n Reporter) WELLINGTON, March 5. Two appeals against decisions of the Canterbury Licensing Committee—one refusing a wine reseller’s licence and one granting one—were heard today by the Licensing Control Commission. The decisions on both were reserved.

The first was an appeal by Wine Cellars (N.Z.), Ltd., of

Christchurch, against a decision given by the committee on December 4 refusing to grant a wine reseller's licence in respect of premises at 5A Springbank street, Bryndwr. Mr A. D. Holland appeared for the appellant company, and Mr J. G. Leggat for the licensee of the Carlton Hotel. Messrs E. N. Black and R. S. Wilson gave evidence of ordering small amounts of liquor from the Carlton Hotel

by telephone, and of being told that deliveries of orders under £1 could not be undertaken.

Mr Holland said there appeared to be no objection to either the appellant firm or to the intended premises, and that the main argument appeared to be whether or not the citizens of the area were adequately served. Although there were four hotels in the, area, the only objection came

from the Carlton, which was two miles and a half away. He submitted that, as the population of the area was 24,000, it would be difficult to find a comparable area worse served as to liquor deliveries. It also seemed odd that on the same day the Canterbury committee should refuse one licence and grant another.

Mr S. T. Barnett: Perhaps they thought that, as Mr Leggat had had one loss, he should have one win.

Mr Leggat said that each case should be decided on its merits. The Carlton Hotel was on the route into the area and also on the way to Christchurch. This hotel had built up its bottle trade considerably. The establishment which now served as a liquor' store once dispensed petrol It was well-appointed, light, and separated from the main hotel building. The second appeal was by Bernard Lawrence, licensee of the Club Hotel, and Alan Frederick Ibbotson, licensee of the Sandridge Hotel, against the granting of a wine reseller’s licence to Montana Wines, Ltd., in respect of premises at 368 A Colombo street, Sydenham. Mr Leggat appeared for the appellant Lawrence, and Mr G. T. Mahon for Montana Wines.

Mr Ibbotson gave notice that he had withdrawn his appeal Mr Leggat said that the licence was granted although two hotels and several groups in south Christchurch

had objected. One hotel was

some 200 yards south, and the other 400 to 500 yards north of the intended premises.

An important point was that any of the normal outlets for wine would willingly have handled the applicant’s wines had they been approached.

Mr Barnett: You mean this firm could have sold through normal channels?

Mr Leggat: Yes—but as it was, these channels were not approached. Mr Leggat said that he understood Montana Wines had hoped to sell in the Auckland area, near its vineyards, but failed to do so, and instead decided to go to the South Island. Local firms were willing to sell its products, subject to the usual guarantees of quality, but had not been asked to do so. There had been no attempt at all to use local outlets. Mr Mahon said that there were other grounds for the decision. Neither of the licensees opposing the application had made any attempt to foster the sale of New Zealand wines. One even stated he was mainly concerned with the beer trade.

“If this system were followed generally, any winemaker could say that he had no opportunity to sell his wines through the resellers, and so could open his own shop,’’ Mr Leggat said.

“In this case it seems as if the applicant had decided that he could not get into the Christchurch, market, and so did not try,” he said.