Western Bay of Plenty District Council is not ruling out revisiting the decision to remove the cap on the number to bottle stores permitted in the region, admitting it's a strong community issue.

Western Bay and Tauranga City councils this week advised the Alcohol Regulatory and Licensing Authority of a mutual agreement to remove the proposed cap on the number of new off-licences that can be issued in the two areas.

Tauranga City councillor Steve Morris opposes the removal of the bottle store cap.

Under the joint council Provisional Local Alcohol Policy the number of off-licences available was to be limited to 74 outlets in Tauranga and 35 in the rest of the Western Bay of Plenty.

Following appeals from interested parties to the licensing authority, the two councils have agreed to remove this clause from the PLAP.

Western Bay Mayor Ross Paterson says because the ARLA is yet to make a decision on the merits of the cap policy, WBOPDC is preserving the right to revisit the policy and the future use of a cap.

'We know, as a result of consultation on the draft policy last year that people in the Western Bay felt very strongly about the issue of alcohol in their communities and wanted something done about it.

'More than 1000 people submitted to the draft policy – many concerned at the number of bottle stores in their area – particularly in Katikati and Te Puke.

'After considering all the feedback on the draft, council decided to extend the cap to include all types of off-licences – including supermarkets.”

Ross says reasons for the cap removal are different for each council.

TCC was concerned that a cap on all off-licences would restrict economic growth by being a barrier to supermarkets and convenience retail outlets setting up in suburbs.

Western Bay agreed to remove the cap on procedural grounds raised during the appeal by the Progressive supermarket chain which said they had not been adequately consulted on the inclusion of supermarkets under the cap.

By mutually agreeing on the removal of the cap in its entirety, the two councils have avoided a court hearing.

Hospitalilty NZ's Western Bay of Plenty manager Alan Sciasica says the decision is a pragmatic approach by the councils.

The joint alcohol policy cap was facing five appeals from supermarket chains and national liquor sales outlets. Defending the policy in court would cost between $10,000-$30,000, with no guarantee of a win.

'Some of the councils are running scared of this appeal process and I can understand that. They cost money to defend.”

Only one appeal has been heard, that of Tasman District in July. The Judge has reserved his decision until after he hears the Wellington and Hutt Valley appeals. They will be heard late October but the decision is not expected to be announced until November.

'All the appeals are being heard by the one judge. Everybody is stacked in a line or queue, and Tauranga and Western Bay are way down it.

'It sounds to me like the council have considered these appeals, which are all I believe related to the cap on bottle stores. So the council have decided if they take the cap off the policy they can finalise the rest of it because none of the other issues have been appealed.

'They have taken a pragmatic approach to save some money and they feel they can address the issue through the balance of the legislation without having that cap in the policy.”

Tauranga City councillor Steve Morris, the sole TCC opposition to the removal, says this is the worst decision the new council have made since being appointed late last year.

'I am personally bitterly disappointed with the decision. I was strongly against it but I failed to convince my colleagues to keep or modify the cap.”

Steve concedes the decision fails the community and is convinced members of the public can lobby to get council and officials to reconsider the move.

As former Papamoa Progressive Association president, Steve last year submitted to council on the need for a liquor cap, along with a number of others in favour of the cap.

'What's happened is we have decided against that [the cap] and the community will be angry, and they have every right to be angry.

'I urge the community to contact their respective councillors, either by phone or email, and let their views be known to the new council. We need to review this issue and we need to show some leadership.”