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It was no surprise that just prior to Easter the Government announced that changes to the law regarding retail trading on Easter Sunday was in the “too hard” basket. Last year there were two Private Member’s Bills, one from National and one from Labour, which would have provided an opportunity for an increase in the number of trading exemptions on the Easter holidays based on consultation with the needs and wishes of local communities. Both of these Bills failed.
Arising from the Government’s Quality Regulation Review, the confusion around the interface between the Holidays Act, the Shop Trading Hours Act and the Sale of Liquor Act not surprisingly emerged as a major concern to business, particularly those involved in hospitality and retail. After another round of consultation and submissions, the Government has decided that the issues relating to Easter trading and the Holidays Act as far as most retail businesses, including liquor retailing, too hard, and any possible changes have been shelved. Given the fate of the two Private Member’s Bills last year this is not surprising.
The good news for the hospitality industry however, is that regarding the Sale of Liquor Act with respect to Easter trading, this is still very much on the agenda. This consideration is based on the Hospitality Association’s argument that there is a significant difference between retail and hospitality. All on-licence hospitality operators have an existing trading right on the Easter holidays. Part of the industry, namely those with a tavern licence, have an existing right to trade but are restricted to trading with those who are on the premises for the purpose of dining. It is time that that existing right is expanded to provide those with a tavern licence with the same trading rights as those with a club, restaurant or entertainment licence. Removing this anomaly would go a long way towards providing the industry with the ability to meet the needs of patrons and the community, including the important tourist trade at Easter. While there is still a long way to go, at least the Government still have it on the agenda.
Bruce H Robertson Chief Executive Hospitality Association of NZ 1 April 2008 |