I hereby give notice that an ordinary meeting of the Franklin Local Board Alcohol Ban Hearings Panel will be held on:

 

Date:†††††††††††††††††††††††††††††

Time:

Meeting Room:

Venue:

 

Tuesday, 11 August 2015

3.30pm

Local Board Chambers

Pukekohe Service Centre, 82 Manukau Road, Pukekohe;

and reconvened on

Date:†††††††††††††††††††††††††††††

Time:

Venue:

Tuesday, 18 August 2015

3.00pm

Beachlands War Memorial Hall, 49 Wakelin Road, Beachlands

noting deliberations will be held on:

Date:†††††††††††††††††††††††††††††

Time:

Meeting Room:

Venue:

Tuesday, 15 September 2015

1.30pm

Local Board Chambers
Pukekohe Service Centre, 82 Manukau Road, Pukekohe

 

Franklin Local Board

Alcohol Ban Hearings Panel

 

OPEN AGENDA

 

MEMBERSHIP

 

Chairperson

Andrew Baker

 

Deputy Chairperson

Jill Naysmith

 

Members

Malcolm Bell

 

 

Alan Cole

 

 

Brendon Crompton

 

 

Angela Fulljames

 

 

Sarah Higgins

 

 

Murray Kay

 

 

Dr Lyn Murphy

 

 

(Quorum 5 members)

 

 

Gaylene Harvey

Democracy Advisor

3 August 2015

Contact Telephone: (09) 237 1310

Email: Gaylene.Harvey@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 


 

 


Franklin Local Board

11 August 2015

 

 

ITEM†† TABLE OF CONTENTS††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† PAGE

1††††††††† Welcome†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

2††††††††† Apologies††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

3††††††††† Declaration of Interest†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

4††††††††† Hearings and deliberation report for the Franklin Local Board alcohol ban review 2015†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 7

 


 

1††††††††† Welcome

 

The Chairman will open the hearings and welcome everyone present.

 

 

2††††††††† Apologies

 

An apology has been received from Member Crompton for Tuesday, 18 August 2015.

 

 

3††††††††† Declaration of Interest

 

Members are 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.

 

 

 


Franklin Local Board

11 August 2015

 

Hearings and deliberation report for the Franklin Local Board alcohol ban review 2015

 

File No.: CP2015/15771

 

††

 

Purpose

1.†††††† To support the hearing panel with the hearing and deliberation process for the local board alcohol ban review.

Executive Summary

2.†††††† The Franklin Local Board, at its business meeting on 26 May 2015, adopted for public engagement a proposal to retain four alcohol bans and allow 63 to lapse unless further evidence was supplied.

3.†††††† The public engagement period opened on 19 June and closed 17 July 2015. A total of 32 submitters gave evidence for 14 alcohol ban areas. Thirty-four submitters gave general feedback not specific to an alcohol ban area. A total of five submitters indicated they wish to be heard.

4.†††††† The Franklin Local Board appointed a hearing panel of members Baker (as chair), Naysmith, Bell, Cole, Crompton, Fulljames, Higgins, Kay and Murphy to receive, hear and deliberate on submissions and other relevant information and make recommendations to the local board.

5.†††††† The report summarises the matters raised in submissions and provides staff comments where appropriate to support the panel during the hearing and deliberation process.

6.†††††† The hearing panel will first hear from submitters who wish to be heard in support of their submission, and then deliberate on the matters raised in the submissions received. To conclude the process, the hearing panel will adopt a decision report detailing the panelís recommendations to the Franklin Local Board.

Recommendation/s

That the Franklin Local Board alcohol ban hearings panel:

a)††††† receive the summary of submissions report;

b)††††† receive the submissions as set out in Attachment A;

c)††††† hear the submitters who wish to be heard in support of their submission.

Secretarial Note: Copies of attachments to this report are available to members of the public on the Auckland Council website.

 

Comments

7.†††††† The Franklin Local Board at its business meeting on 26 May 2015, adopted for public engagement (resolution number FW/2015/76) a proposal to:

∑†††† retain four existing alcohol bans

∑†††† lapse 63 existing alcohol bans unless sufficient evidence is provided through the public submission process .

8.†††††† The public engagement period opened on 19 June and closed 17 July 2015.

9.†††††† The proposed changes were notified as follows:

∑†††† a public notice in the New Zealand Herald

∑†††† on the Auckland Council website

∑†††† through social media, including the local boardís Facebook page and Neighbourly

∑†††† in the local boardís e-bulletins circulated to local board stakeholders.

∑†††† stakeholder meeting with local board members.

 

 

10.†††† All supporting documents were made available on councilís website and through local libraries and service centres.

11.†††† A total of 32 submitters gave evidence for 14 alcohol ban areas. Thirty-four submitters gave general feedback not specific to an alcohol ban area.

12.†††† A total of five submitters indicated they wish to be heard. Copies of the submissions received are attached to the agenda.

Hearing and deliberation process

13.†††† The Franklin Local Board appointed a hearing panel of Members Baker (as chair), Naysmith, Bell, Cole, Crompton, Fulljames, Higgins, Kay and Murphy to receive, hear and deliberate on submissions and other relevant information and to make recommendations to the local board (resolution number FR/2015/76).

14.†††† Hearings provide an opportunity for submitters to speak in support of their submission and for members of the hearing panel to ask questions to better understand the views of the submitters.

15.†††† In conducting hearings and making decisions, the hearings panel must consider a range of the statutory and bylaw requirements, summarised in Attachment D. The most important requirements outlined in the bylaw are:

i)††††††† evidence that the alcohol ban area has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area

ii)†††††† that the alcohol ban is appropriate and proportionate in the light of the evidence and can be justified as a reasonable limitation on people's rights and freedoms

iii)††††† consideration of community-focused solutions as an alternative to or to complement an alcohol ban

iv)††††† consideration of the views of owners, occupiers, or persons that council has reason to believe are representative of the interests of owners or occupiers, of premises within the area to which the alcohol ban will apply

v)††††† consideration of using one of the following times for consistency:

∑†††† 24 hours, 7 days a week (at all times alcohol ban)

∑†††† 7pm to 7am daily (evening alcohol ban)

∑†††† 10pm to 7am daylight saving and 7pm to 7am outside daylight saving (night time alcohol ban)

∑†††† 7pm on the day before to 7am on the day after any weekend, public holiday or Christmas/New Year holiday period (weekend and holiday alcohol ban).

16.†††† At the conclusion of the hearings, the panel will deliberate and confirm its recommendations to the local board in a decision report. The local boards will decide whether or not to accept the panelís recommendations. The report is scheduled to be presented to the local board at the September business meeting.

Submissions

17.†††† The submission form asked submitters to provide evidence of alcohol-related crime or disorder in an alcohol ban area, the frequency and time the issues were being experienced.

18.†††† Thirty-two submitters gave evidence for 14 alcohol ban areas. All evidence received has been analysed and summarised for each alcohol ban area in Attachment B.

19.†††† No further evidence was received for 53 current alcohol ban areas as shown in Attachment B.

 

 

20.†††† Submissions received that are general in nature or outside the scope of the proposal are summarised and addressed in Attachment C.† Attachment C also outlines any additional information received which is not evidence specific to an alcohol ban area.

Implementation

21.†††† The Franklin Local Board appointed the Board as a whole (all members) to hear submissions; however the panel will need to make a recommendation to the September business meeting for the Board to resolve and enable staff to implement.

 

Attachments

No.

Title

Page

aView

Submissions received (Under Separate Cover)

 

bView

Summary of submissions on current alcohol ban areas

11

cView

Summary of other matters raised in submissions

15

dView

DecisionĖmaking criteria

17

† ††††

Signatories

Authors

Kylie Hill - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Teresa Turner - Relationship Manager



Franklin Local Board

11 August 2015

 


Franklin Local Board

11 August 2015

 


Franklin Local Board

11 August 2015

 


Franklin Local Board

11 August 2015

 


Franklin Local Board

11 August 2015

 



Franklin Local Board

11 August 2015

 


††††