I hereby give notice that an ordinary meeting of the Waitākere Ranges Local Board will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 24 July 2014

6.30pm

Waitakere Ranges Local Board Office
39 Glenmall Place
Glen Eden

 

Waitākere Ranges Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Sandra Coney, QSO

 

Deputy Chairperson

Denise Yates, JP

 

Members

Neil Henderson

 

 

Greg Presland

 

 

Steve Tollestrup

 

 

Saffron Toms

 

 

(Quorum 3 members)

 

 

 

Glenn Boyd

(Relationship Manager)

Local Board Services (West)

 

 

Tua Viliamu

Democracy Advisor

 

18 July 2014

 

Contact Telephone: (09) 440 7704

Email: tua.viliamu@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 

 


Waitākere Ranges Local Board

24 July 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               6

5          Leave of Absence                                                                                                          6

6          Acknowledgements                                                                                                       6

7          Update from Ward Councillors                                                                                    6

8          Deputations                                                                                                                    6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Notices of Motion                                                                                                          7

12        New Community Licence to Occupy for Additional Land to Glen Eden United Sports Club Incorporated, 331-335 West Coast Road, Glen Eden                                                9

13        Local board role in alcohol licence applications                                                     15

14        Draft Allocation of Decision Making Review                                                            23

15        Confirmation of  workshop records - May / June 2014                                           65  

16        Consideration of Extraordinary Items 

 

 


1          Welcome

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

3          Declaration of Interest

Members were reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

Specifically members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

At its meeting on 28 November 2013, the Waitakere Ranges Local Board resolved (resolution number WTK/2010/5) to record any possible conflicts of interest in a register. 

            Register

Board Member

Organisation / Position

Sandra Coney

·       Waitemata District Health Board – Elected Member

·       Women’s Health Action Trust – Patron

Neil Henderson

·       Portage Trust – Elected Member

·       West Auckland Trust Services (WATS) Board – Trustee/Director

·       Weedfree Trust – Employee

Greg Presland

·       Portage Trust – Elected Member

·       Lopdell House Development Trust – Trustee

·       Titirangi Residents & Ratepayers Group – Committee Member 

Steve Tollestrup

·       Waitakere Licensing Trust – Elected Member

·       Community Waitakere – Trustee

·       West Auckland Trust Services (WATS) Board – Trustee/Director

·       Henderson Valley Residents Association – Committee Member

Saffron Toms

       NIL

Denise Yates

·       Ecomatters Environment Trust – Deputy Chair

·       Keep Waitakere Beautiful Trust – Board Member

·       Huia-Cornwallis Ratepayers & Residents Association – Co-chairperson

·       Charlotte Museum Trust – Trustee                           

 

Member appointments

Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council.

                                              

Board Member

Organisation / Position

Sandra Coney

·       Friends of Arataki Incorporated – Trustee

Neil Henderson

·       Friends of Arataki Incorporated – Trustee

·       Living Cell Technologies Animal Ethics Committee – Member

Saffron Toms

·       Ark in the Park – Governance Group Member

 

4          Confirmation of Minutes

 

That the Waitākere Ranges Local Board:

a)         Confirms the ordinary minutes of its meeting, held on Thursday, 10 July 2014, as a true and correct record.

 

5          Leave of Absence

 

At the close of the agenda no requests for leave of absence had been received.

 

6          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

7          Update from Ward Councillors

An opportunity is provided for the Waitakere Ward Councillors to update the board on regional issues they have been involved with since the last meeting.

 

8          Deputations

 

Standing Order 3.20 provides for deputations.  Those applying for deputations are required to give seven working days’ notice of subject matter and applications are approved by the Chairperson of the Board.  This means that details relating to deputations can be included in the published agenda.  Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

At the close of the agenda no requests to speak had been received.

 

At the close of the agenda no requests for deputations had been received.

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

At the close of the agenda no requests for public forum had been received.

 

10        Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

11        Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Waitākere Ranges Local Board

24 July 2014

 

 

New Community Licence to Occupy for Additional Land to Glen Eden United Sports Club Incorporated, 331-335 West Coast Road, Glen Eden

 

File No.: CP2014/15091

 

  

 

Purpose

1.       This report seeks Waitakere Ranges Local Board approval to grant a new community licence to occupy for additional land to Glen Eden United Sports Club Incorporated, located on part of Singer Park, 331-335 West Coast Road, Glen Eden.

Executive summary

2.       Glen Eden United Sports Club Incorporated (the Club) has a current community lease with Auckland Council (building footprint lease) for a term of 10 years commencing 1 September 2010 with one 5 year right of renewal.  The club owns the Glen Eden United Sports Club clubrooms located on Singer Park, 331-335 West Coast Road, Glen Eden being part of Part Allotment 544 Waikomiti Parish contained in certificate of title NA 1800/99.  The land is held by the Crown through Department of Conservation and classified as a recreation reserve and vested in Auckland Council, in trust, for recreation purposes and is subject to the Reserves Act 1977.

3.       The Club wishes to construct a permanent pagoda over the existing portion of paved area on the north-western side of the clubrooms, with one side affixed to the clubrooms outer north-western exterior wall.  The pagoda area is 6.5m long by 6.5m deep by 2.5m high. 

4.       Land owner approval in principle was granted by Local and Sports Parks West on 26 May 2014 subject to the following conditions:

·    The square paved area should remain a public space (i.e. no increase to the current leased area of the building footprint – instead a licence to occupy will need to be arranged for the shelter to be constructed)

·    Maintenance of the shelter will be the responsibility of the club (including graffiti), and if it’s not adequately maintained then Council reserves the right to remove the shelter

·    The shelter is not to have any sides installed

·    There is to be no drinking or smoking under the shelter (parks are now smokefree)

·    A strong roofing material is required for the shelter in order to safeguard against vandalism (i.e. a toughened material such as fibreglass)

·    Shelter supports should be made from metal rather than timber material

·    The final design for the shelter will need to be approved by the parks design review team

5.       This report recommends the granting of a new community licence to occupy to Glen Eden United Sports Club Incorporated commencing 24 July 2014 until 31 August 2020 with one five-year right of renewal.  This term of licence aligns with Club’s current community lease.

 


 

Recommendations

That the Waitākere Ranges Local Board:

a)      Approves granting a new community licence to occupy for additional land to Glen Eden United Sports Club Incorporated for part of Singer Park, being part of part Allotment 544 Waikomiti Parish contained in certificate of title NZ1800/99, 331-335 West Coast Road, Glen Eden (Attachment A) subject to the following terms and conditions:

i)        Term – commencing 24 July 2014 until 31 August 2020 with one 5-year right of renewal;

ii)       Rent - $1.00 plus GST per annum if requested;

iii)      Auckland Council has adopted a Smoke-Free Policy to apply on Council land, which Policy the Lessee is obliged to abide by during the Term. The Lessee will use its best endeavours to ensure its members, employees, invitees, contractors and agents abide by the Policy;

iv)      All other terms and conditions as contained in the existing community lease dated 6 September 2010.

 

Comments

6.       Glen Eden United Sports Club Incorporated (the Club) has a community lease with Auckland Council (building footprint lease) for a term of 10 years commencing 1 September 2010 with one 5 year right of renewal.  The club owns the Glen Eden United Sports Club clubrooms located on Singer Park, 331-335 West Coast Road, Glen Eden being part of Part Allotment 544 Waikomiti Parish contained in certificate of title NA 1800/99.  The land is held by the Crown through Department of Conservation and classified as a recreation reserve and vested in Auckland Council, in trust, for recreation purposes and is subject to the Reserves Act 1977.

7.       The club was registered as an incorporated society on 5 July 2002 and is affiliated to Northern Football Federation.  The clubs objectives are:

·    To promote and play the game Soccer as well as other sporting activities the club shall choose from time to time

·    To promote fair play, enjoyment and sportsmanship among all club members

·    To encourage sporting behaviour among supporters of club teams

·    To provide facilities and coaches to assist in skill development of players

8.       The club wishes to construct a permanent pagoda over the existing portion of paved area on the north-western side of the clubrooms, with one side affixed to the clubrooms outer north-western exterior wall.  The pagoda area is 6.5m long by 6.5m deep by 2.5m high.  Guttering down pipes will be linked up to the existing storm water drainage.

9.       Land owner approval was granted in principle by Local and Sports Parks West on 26 May 2014 subject to the following conditions:

·    The square paved area should remain a public space (i.e. no increase to the current leased area of the building footprint – instead a licence to occupy will need to be arranged for the shelter to be constructed)

·    Maintenance of the shelter will be the responsibility of the club (including graffiti), and if it’s not adequately maintained then Council reserves the right to remove the shelter

·    The shelter is not to have any sides installed

·    There is to be no drinking or smoking under the shelter (parks are now smokefree)

·    A strong roofing material is required for the shelter in order to safeguard against vandalism (i.e. a toughened material such as fibreglass)

·    Shelter supports should be made from metal rather than timber material

·    The final design for the shelter will need to be approved by the parks design review team

10.     The Singer Park Final Management Plan objectives are:

·    To encourage public and club use of the reserve principally for outdoor recreational pursuits

·    To develop the reserve in a manner suitable to its function by providing the Borough (area) with a necessary soccer and recreational facility

11.     Council staff have sought input from relevant council departments.

Consideration

Local board views and implications

12.     Council staff have sought input from the local board portfolio holder.

13.     The recommendations within this report fall within the local board’s allocated authority relating to local, recreation, sport and community facilities.

Maori impact statement

14.     There are no changes in use or operational activities being conducted on the land.

15.     Ensuring community facilities are well maintained and accessible for all members of the community, will be of benefit to all, including Maori.

Implementation

16.     There are no cost implementation issues.

 

Attachments

No.

Title

Page

aView

Site Plan for Glen Eden United Sports Club Incorporated

13

      

Signatories

Author

Donna Cooper - Community Lease Advisor

Authorisers

Louise Mason - Manager Community Development, Arts and Culture

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

24 July 2014

 

 

 

Attachment A:  Site Plan for Glen Eden United Sports Club Incorporated, Singer Park, 331-335 West Coast Road, Glen Eden

 

Location Map and Licence to Occupy Area

 

Park outlined in red and licence to occupy for additional land outlined in yellow

 

 

 

 


Waitākere Ranges Local Board

24 July 2014

 

 

Local board role in alcohol licence applications

 

File No.: CP2014/15576

 

  

 

Purpose

1.       The purpose of this report is to seek local board feedback on the role local boards could play in alcohol licence applications, a process that was established by the Sale and Supply of Alcohol Act 2012.

Executive summary

2.       The Sale and Supply of Alcohol Act 2012 (the Alcohol Act) establishes processes for alcohol licence applications.  Some local boards wish to have input into the application process, due to concerns about alcohol-related harm within some Auckland communities. 

3.       To inform the discussion about the role of local boards in alcohol licence applications, Local Board Services has drafted an issues paper for consideration by local boards. Local boards’ formal feedback is being sought on this issue. This formal feedback will inform a report to the governing body on this issue. The report will seek the governing body’s decision on the preferred option for local boards to provide input into alcohol licence applications.

 

Recommendations

That the Waitākere Ranges Local Board:

a)      Provides feedback on the preferred option for local boards to provide input into alcohol licence applications.

 

Comments

4.       The Alcohol Act establishes processes for alcohol licence applications.

5.       The governing body has a number of roles under the Alcohol Act. 

·     It sets a local alcohol policy for the region, with input from local boards.  This establishes the overall policy framework, covering matters such as location of licenced premises and maximum trading hours.  The governing body has developed a draft local alcohol policy for public consultation.

·     It establishes District Licensing Committees (DLCs), which have responsibility for all uncontested and contested licensing applications.

·     It has the statutory power to object to licence applications (although it is unlikely that the governing body would exercise this power).

6.       Local boards provide input into the development by the governing body of the local alcohol policy.  Local board members can also be appointed to sit on DLCs.  Under current Auckland Council policy, they cannot hear applications relating to their local board area.  Local boards do not currently have the power to object to licence applications

7.       Local boards have standing under the Alcohol Act to object to licence applications, as a local board can be expected to have a greater interest in the issue than the public generally.  However, in order to exercise this, the governing body must first allocate or delegate the power to object to local boards.

8.       Given the role of local boards as advocates for their communities and the strategic importance placed on managing alcohol related harm by a number of them, it is reasonable to expect that at least some local boards will wish to express a view on alcohol licence applications.

9.       To inform the discussion about the role of local boards in alcohol licence applications, Local Board Services has drafted an issues paper which is attached at Attachment A. The issues paper sets out the role the governing body and local boards currently have under the Alcohol Act, the process for licence applications under the Alcohol Act and options for local board involvement in these.

10.     Feedback from local boards is being sought on the preferred option for local boards to provide input into alcohol licence applications. This formal feedback will inform a report to the governing body on this issue. The report will seek the governing body’s decision on the preferred option for local boards to provide input into alcohol licence applications. All formal local board feedback will be compiled into a report and included as an appendix to the governing body report.

Consideration

Local board views and implications

11.     Local board views are being sought via this report. An outcome of this process could see local boards playing a different role in alcohol licence applications to what they presently do.

Maori impact statement

12.     Māori are likely to be interested in and impacted by DLC decisions on alcohol licence applications.  This is an issue for the DLCs when considering alcohol licence applications.

Implementation

13.     Local board feedback will be analysed and will inform a report to the governing body. This report will seek a decision from the governing body on their preferred role of local boards in alcohol licence applications.

 

Attachments

No.

Title

Page

aView

Local board role in alcohol licence applications – issues and options

17

     

Signatories

Author

Christine Gulik – Policy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

24 July 2014

 

 

Local Board Role in Alcohol Licence Applications – Issues and Options

 

Introduction

The Sale and Supply of Alcohol Act 2012 (the Alcohol Act) establishes processes for alcohol licence applications.  Some local boards wish to have input into the application process, due to concerns about alcohol-related harm within some Auckland communities.  This issues paper considers the options available for local board input for discussion.

Roles of the governing body and local boards

The governing body has a number of roles under the Alcohol Act. 

·    It sets a local alcohol policy for the region, with input from local boards.  This establishes the overall policy framework, covering matters such as location of licenced premises and maximum trading hours.  The governing body has developed a draft local alcohol policy for public consultation.

·    It establishes District Licensing Committees, which have responsibility for all uncontested and contested licensing applications.

·    It has the statutory power to object to licence applications (although it is unlikely that the governing body would exercise this power).

Local boards provide input into the development by the governing body of the local alcohol policy.  Local board members can also be appointed to sit on District Licensing Committees.  Under current Auckland Council policy, they cannot hear applications relating to their local board area. 

Local boards do not currently have the power to object to licence applications.  Local boards receive their powers from the Local Government (Auckland Council) Act in three different ways:

·    Statutory powers – these include providing input into governing body strategies and policies (such as the local alcohol policy), developing local board plans, and agreeing local board agreements with the governing body.  The Auckland Council Act does not provide local boards with the statutory power to make objections on licence applications.

·    Allocated powers – local boards are allocated non-regulatory decision-making powers for a wide range of local activities.  This allocation is set out in the Long-term Plan.  It does not include the power to make objections on licence applications.

·    Delegated powers – the governing body can delegate powers to local boards.  While it has done this for certain matters (such as swimming pool fencing), it has not delegated power to make objections on alcohol licence applications.

Local boards have standing under the Alcohol Act to object to licence applications, as a local board can be expected to have a greater interest in the issue than the public generally.  However, in order to exercise this, the governing body must first allocate or delegate the power to object to local boards.

Local boards are in many ways the face of local government in their communities.  They play an important role in understanding, representing and advocating for community priorities and preferences.  This includes providing the “community voice” on social issues.  While local boards cannot speak for all members of their communities, they have gained, through consultation on their local board plans, local board agreements, and other engagement activities, a good understanding of the significant community issues. 

Concern about alcohol related harm is one such issue which has been raised in a number of local board areas, with harm minimisation a consistent strategic priority in a number of local board plans.  This is in many ways consistent with the alcohol reforms, as reflected in the Alcohol Act.  These reforms aim to improve New Zealand's drinking culture and reduce the harm caused by excessive drinking.  In doing so, the Alcohol Act also seeks to increase the ability of communities to have a say on local alcohol licensing matters, as well as providing for local-level decision-making for licence applications, through District Licensing Committees.

Given the role of local boards as advocates for their communities and the strategic importance placed on managing alcohol related harm by a number of them, it is reasonable to expect that at least some local boards will wish to express a view on alcohol licence applications.

Licence application process

The applicant for a licence is required to attach notice of the application to a conspicuous place on or adjacent to the site to which the application relates and give public notice of the application.  A person may object to the grant of a licence only if he or she has a greater interest in the application for it than the public generally. An objection must be in writing and filed with the licensing committee within 15 working days after the first publication of the public notice of the making of the application.

Once an application is made, an inspector makes inquiries and files a report with the District Licensing Committee.  The police and medical officer of health for the area also file a report if either has any opposition to the application.  Local board members receive a weekly list of applications for their local area, which is downloaded by democracy advisors from the Auckland Council intranet.

The District Licensing Committee determines whether a hearing will be convened.  If there are any objections to the application, a public hearing is required unless the objection is considered vexatious or outside the scope of the Alcohol Act, the objector does not require a public hearing, or the application is withdrawn.  If no objection is received, then the District Licensing Committee can consider the application based on the papers, without requiring a public meeting.

The Alcohol Act sets out the criteria to be considered by the District Licensing Committee when considering a licence application. Any objection to an application must also relate to these criteria, otherwise it will be outside the scope of the Alcohol Act.  A copy of the relevant section is attached.  As well as considering objections, a District Licensing Committee can seek views from other parties on a licence application (including local boards), if it is of the opinion that the information may assist it to deal with the application.  The Alcohol Act also provides for an appeal process to the Alcohol Regulatory and Licensing Authority.

Options for local board involvement

1.   Local board input into the development of the local alcohol policy

Local boards have had significant early engagement on the draft local alcohol policy and will now be providing formal feedback to the governing body.  Policy development is a key governance role and sets the framework for subsequent operational decision-making. The local alcohol policy is the appropriate place to address the broader concerns about alcohol-related harm and put in place measures to manage the impact on specific communities, through for example, more stringent controls for specific areas.  A well developed policy arguably avoids the need for political involvement in specific licence applications. 

2.   Local board views are provided to the District Licensing Committee

District Licensing Committees have broad powers to seek information on licence applications.  A committee can receive a local board’s views on a licence application if it is of the opinion that the information may assist it to deal with the application. There is no statutory obligation on a District Licensing Committee to seek out or to receive and take into account local board views. However, there has been an openness on the part of District Licensing Committees to obtain local board views.

One way to achieve this is to attach local board views on particular licence applications to the inspector’s report to the District Licensing Committee.  This is similar to the resource consent application process, where any local board views are appended to the officer’s report.  It is then up to the District Licensing Committee to determine whether it takes into account the local board views and the weight given to it.  This approach can lead to a situation where an inspector’s report attaches a contrary local board view, but it does provide an avenue for local boards to express a view on particular licence applications without the requirement for a specific allocated or delegated power from the governing body. 

 

3.   Local board are either allocated or delegated the power to object

The governing body could either allocate or delegate to local boards the power to object to licence applications.  While an express power contained in the allocation provides clarity and certainty to local boards and their communities, it is time consuming and requires the use of the special consultative procedure.  The allocation is reviewed as part of the long-term plan, meaning that local boards would not receive this power until 1 July 2015.   Alternatively, the governing body could delegate the power to object to licence applications to local boards.  A delegation can be put in place at any time by governing body resolution, but it can also be revoked at any time.

The resourcing implications for the Auckland Council organisation is an important consideration when weighing up the pros and cons of providing local boards with the power to object to licence applications. From 18 December 2013, there have been over 3,800 licence applications across the Auckland region and 26 hearings.  Of these licence applications, 119 were for off-licences, 387 for on-licences, and 1158 for special licences (with most of the remainder relating to managers certificates).  During this period only three local boards have sought to object to licence applications under the Alcohol Act (representing five objections in total).  While this small number of objections is unlikely to pose any significant resourcing issues for the organisation, this would change if there was a major increase in local board objections. Local boards will need to be resourced to prepare objections with appropriate supporting evidence.  Local board members will also need to prepare for and attend hearings.  Depending on the number of local board objections, this could require considerable officer and local board member time.

Another issue is the reputational implication for council if a local board inappropriately objects to licence applications.  This is likely to be an issue if a local board decides, as a matter of principle, to object to all licence applications, without appropriate evidence to demonstrate that the objection falls within the scope of matters that can be raised under the Alcohol Act.  Reputational issues also arise if local boards seek to appeal a decision by the District Licensing Committee, as effectively one arm of Auckland Council (the local board) is objecting to decisions made by another arm of Auckland Council (the District Licensing Committee). 

The Alcohol Act establishes a new regime, which is in its early stages of development in Auckland.  The local alcohol policy is not yet in place and the District Licensing Committee structure will be reviewed after its first year of operation.  If local boards were to be given the power to object to licensing applications, a delegation may be the better short-term option as it enables the implications to be tested alongside the monitoring and review of the District Licensing Committee structure.  A longer term approach can then be considered within the broader context of the alcohol management regime. Issues associated with appeal rights could also be considered at that time.

4.   Local boards supporting community involvement in licensing process

The Alcohol Act seeks to bring communities closer to decision-making around alcohol licensing.  The licensing processes need to be accessible to communities.  Currently there is little support available to empower communities to take an interest or participate in the process.  Further work is needed to make it easier for the community to access information and receive advice and support on alcohol licence applications. Local boards could focus on supporting and building the capability of community groups to object to licence applications, where appropriate, and to present to District Licensing Committees at hearings.  This can be done alongside any of the options raised above for local board involvement in the licensing process.

Text Box: Discussion questions:
Should the role of local boards extend beyond providing input into the development of the local alcohol policy by the governing body?  If so, in what circumstances and why?
If local boards are to have a greater role, should they 
(a)	provide views for consideration by the District Licensing Committee or
(b)	have the power to object to licence applications?
If local boards were to have the power to object to licence applications, should this be through a delegation from the governing body or through an amendment to the decision-making allocation?
What support do your communities need to enhance accessibility to the licensing processes?
To what extent does the current draft local alcohol policy provide you with confidence that it sets a robust framework to guide District Licensing Committee decisions on licence applications that affect your local communities? Are there any specific controls that would better guide licence applications within your local board area and if these were in place, would this avoid the need for local board involvement in specific licence applications?


 

Sale and Supply of Alcohol Act 2012

Section 105 - Criteria for issue of licences

(1)  In deciding whether to issue a licence, the licensing authority or the licensing committee concerned must have regard to the following matters:

(a)             the object of this Act:

(b)             the suitability of the applicant:

(c)             any relevant local alcohol policy:

(d)             the days on which and the hours during which the applicant proposes to sell alcohol:

(e)             the design and layout of any proposed premises:

(f)    whether the applicant is engaged in, or proposes on the premises to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods:

(g)             whether the applicant is engaged in, or proposes on the premises to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services:

(h)             whether (in its opinion) the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence:

(i)    whether (in its opinion) the amenity and good order of the locality are already so badly affected by the effects of the issue of existing licences that—

(i)    they would be unlikely to be reduced further (or would be likely to be reduced further to only a minor extent) by the effects of the issue of the licence; but

(ii)   it is nevertheless desirable not to issue any further licences:

(j)    whether the applicant has appropriate systems, staff, and training to comply with the law:

(k)             any matters dealt with in any report from the Police, an inspector, or a Medical Officer of Health made under section 103.

(2)  The authority or committee must not take into account any prejudicial effect that the issue of the licence may have on the business conducted pursuant to any other licence.

 


Waitākere Ranges Local Board

24 July 2014

 

 

Draft Allocation of Decision Making Review

 

File No.: CP2014/14884

 

  

 

Purpose

1.       The purpose of the report is to seek local board input to a review of the non-regulatory allocation of decision making as part of the 2015-2025 Long-term Plan (LTP).

Executive summary

2.       The Local Government (Auckland Council) Act 2009 (Act) sets out the functions and powers of the governing body and local boards.

3.       The governing body is reviewing the non-regulatory decision-making allocation as part of the development of the 2015-2025 LTP.  The review is based on the current allocation, with amendments proposed “by exception” where governance experience has demonstrated a need to amend the allocation.

4.       To inform the review, Local Board Services has drafted an issues paper for consideration by local boards. The issues paper will be updated to include formal feedback from local boards and reported to the Budget Committee in August 2014.

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Provides feedback on the allocation of decision making review issues paper and identify any additional issues relevant to the scope of the review.

 

 

Comments

5.       The Local Government (Auckland Council) Act 2009 (Act) sets out the functions and powers of the governing body and local boards.  Local boards functions and powers come from three sources:

i.          those directly conferred by the Act;

ii.          non-regulatory activities allocated by the governing body to local boards;

iii.      Regulatory or non-regulatory functions and powers delegated by the governing body or Auckland Transport to the local boards.

6.       The initial decision-making allocation to local boards was made by the Auckland Transition Agency (ATA). The current decision-making allocation was determined as part of the 2012-2022 Long-term Plan (LTP) and was adopted by the governing body. These were both robust and extensive processes. A copy of the current allocation table is Appendix A of this report’s Attachment A.

7.       The governing body is reviewing the non-regulatory decision-making allocation as part of the development of the 2015-2025 LTP.  This review is based on the current allocation, with amendments proposed “by exception” where governance experience has demonstrated a need to amend the allocation.

8.       To inform the review, Local Board Services has drafted an issues paper which is attached at Attachment A. The issues paper sets out the approach and scope of the review and includes issues identified for consideration and feedback from local boards.

9.       Local board feedback is not limited to these issues, but should focus on governance rather than operational issues as the latter are out of scope of the review.

10.     The issues paper will be updated to include formal feedback from local boards and reported to the Budget Committee in August 2014. Changes to the allocation table will be part of the public consultation on the draft 2015-2025 LTP and any changes to the allocation will not come into effect until 1 July 2015.

Consideration

Local board views and implications

11.     Local board views are being sought via this report. Changes to the allocation of non-regulatory decisions could have implications for local board decision-making and budgets.

12.     There are no particular impacts on Maori in relation to this report, which are different from other population groups in Auckland.

Maori impact statement

13.     Local board feedback will be analysed and reported to the Budget Committee on 13 August 2014. Changes to the allocation table will be part of public consultation on the draft 2015-2025 LTP and any changes to the allocation would come into effect on 1 July 2015.

 

Attachments

No.

Title

Page

aView

Allocation of Non-Regulatory Decision-Making Responsibilities - Issues Paper - Local Boards

25

     

Signatories

Author

Alastair Child – Principal Local Board Advisor

Authorisers

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

24 July 2014

 

 









































Waitākere Ranges Local Board

24 July 2014

 

 

Confirmation of  workshop records - May / June 2014

 

File No.: CP2014/14764

 

  

 

Purpose

1.       This report presents records of workshops held by the Waitakere Ranges Local Board on:

15 May 2014

22 May 2014

29 May 2014

5 June 2014

12 June 2014

19 June 2014

26 June 2014

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Confirms that the attached records of the workshops held 15 May – 26 June 2014 are a true and correct record.

 

Attachments

No.

Title

Page

a

Workshop records (15 May - 26 June 2014)  (to be tabled at the meeting)

 

    

Signatories

Author

Brett Lane - Local Board Democracy Advisor

Authoriser

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau