Did Louis Crimp Ever Try A Poll?

24 Sep

The Sale and Supply of Alcohol Act 2012 is interesting.  I wonder if the relevant sections existed in legislation before 2012?  Talking to people throughout the electioneering period has expanded my horizons.  I’m sure many in Invers will laugh when I point out that I didn’t realise that Invercargill accommodation doesn’t have mini-bars.  It’s not something I had cause to consider but …wow, who knew?  I didn’t.  The other thing I hadn’t thought about was how difficult it is for someone to buy a bottle of wine in the CBD.

I can’t remember when the community last voted on whether to have a licensing trust nor have I considered where I am on the issue but I found it intriguing that there are ways and means.  May be someone can jog my memory because I thought one election we were asked about retaining the Trust.  My question would be, did they offer alternatives or did they just suggest the community would be without $10 million of funding?  Pokies would still exist and still have funds that need distributing (by law).  A community trust could be an alternative to a licensing trust.  Maybe the options should be considered?  Now that is a feasibility study I would like to see Venture Southland do.

Anyway, purely for informative purposes, here are the relevant sections:

Section 349 Poll may be held on competition proposal
  • (1) In respect of a licensing trust to which this section applies, a poll of residential electors in the trust district may be held on a competition proposal.

    (2) For the purposes of this section, competition proposal means a proposal that—

    • (a) the trust give up its present exclusive right to hold on-licences for hotels and taverns, and off-licences for any premises other than certain club premises and premises on which wine is sold or any kind of alcohol is made, within the trust district; and
    • (b) in return for giving up that right, gain the right to carry on any business outside as well as within the district.

    (3) Subject to subsection (5), a poll must be held on a competition proposal if—

    • (a) the licensing trust so resolves; or
    • (b) at least 15% of the residential electors in the trust district so request in writing.

    (4) The poll must be conducted in accordance with regulations made under this Act.

    (5) If the competition proposal is not carried, no further poll must be held under this section in respect of that licensing trust until a period of 3 years has expired.

    And the other option, to convert to a community trust:

    356 Electors may request poll on conversion at any time

    (1) At any time electors of a licensing trust may, by notice in writing, request the trust to hold a poll on whether the trust should be converted to a community trust.

    (2) The trust—

    • (a) must hold a poll on the issue, in accordance with regulations made under this Act, if 15% or more of the electors request a poll:
    • (b) need not hold a poll under this section if the trust held a poll under section 355 within 12 months before receiving a request under subsection (1).

    (3) If on the poll the majority of electors who vote are in favour of conversion, then the trust must be converted to a community trust.

    (4) If on the poll the majority of electors who vote are against conversion, the trust must not hold another poll under this section within 3 years after the date of the poll.


One Response to “Did Louis Crimp Ever Try A Poll?”

  1. Philip T September 24, 2013 at 11:13 pm #

    No Louis never went that far. Mataura has had a vote in the last ten years and it failed.
    The simple answer to creating bigger returns for the community would be for the ILT to become a holding company and leasing all its establishments. The going rates for leases is between 12 and 20% of gross T/O. Presently the trust returns less than 5%. That’s without the pokies. That means the community still retains ownership but the establishments are run as private enterprises. Then you would get the best of both worlds.
    The supermarkets have made some grumblings but know it would be expensive and the ILT has a massive bank account it would happily use to fight them off.
    In the not so distant past they threatened to use their money to fight an individual who was prepared to build an inner city hotel. He went on to build one in Te Anau and also owns hotels in Queenstown and Dunedin. 20 million dollars of spend went with him when he left town. The ILT wont build a CBD hotel until they are forced to as it will drag customers from their flagship hotel the Ascot. The joys of a monopoly.

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