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

 

Date:††††††††††††††††††††††

Time:

Meeting Room:

Venue:

 

Tuesday, 11 August 2015 and 25 August (if required)

3:30pm

Maungakiekie-Tāmaki Local Board Office
7-13 Pilkington Road
Panmure

Date:††††††††††††††††††††††

Time:

Meeting Room:

Venue:

 

Tuesday, 18 August 2015

3:30pm

Oranga Community Centre
52C Waitangi Road
Oranga

 

Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

 

OPEN AGENDA

 

 

MEMBERSHIP

 

Chairperson

Simon Randall

 

Deputy Chairperson

Chris Makoare

 

Members

Josephine Bartley

 

 

Brett Clark

 

 

Bridget Graham, QSM

 

 

Obed Unasa

 

 

Alan Verrall

 

 

(Quorum 4 members)

 

 

 

Philippa Hillman

Democracy Advisor, Maungakiekie-Tāmaki Local Board

 

4 August 2015

 

Contact Telephone: (09) 570 3840

Email: phillippa.hillman@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 

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

1††††††††† Apologies††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

2††††††††† Declaration of Interest†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

3††††††††† Hearing and deliberation report for the Maungakiekie-Tāmaki Local Board alcohol ban review 2015†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 7


1††††††††† Apologies

 

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

 

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

 

2††††††††† 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 an elected representative and any private or other external interest they might have.

 


Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 

Hearing and deliberation report for the Maungakiekie-Tāmaki Local Board alcohol ban review 2015

 

File No.: CP2015/15792

 

††

 

Purpose

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

Executive Summary

2.†††††† The Maungakiekie-Tāmaki Local Board at its business meeting on 12 May 2015 adopted for public engagement a proposal to retain 41 alcohol bans and allow 85 to lapse unless further evidence was supplied.

3.†††††† The public engagement period opened on 19 June and closed 17 July 2015. A total of 53 submitters gave evidence for 42 alcohol ban areas. 35 submitters gave general feedback not specific to an alcohol ban area. A total of 18 submitters indicated they wish to be heard.

4.†††††† The Maungakiekie-Tāmaki Local Board appointed a hearing panel of the whole board 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 Maungakiekie-Tāmaki Local Board.

 

Recommendation/s

That the Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel:

a)††††† in relation to the proposed Maungakiekie-Tāmaki Local Board Alcohol Ban Review

i)†††††† receive this summary of submissions report

ii)†††††† receive the submissions

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

 

 

Background

Proposal

7.†††††† The Maungakiekie-Tāmaki Local Board at its business meeting on 12 May 2015, adopted for public engagement (MT/2015/58) a proposal to:

∑††††††† retain 41 existing alcohol bans

∑††††††† lapse 85 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 Facebook and Neighbourly

∑††††††† local board e-bulletin (June and July 2015 editions).

10.†††† Additional communication and engagement activities were undertaken as follows:

∑††††††† through social media and print media

∑††††††† a personalised letter to all residents in the Maungakiekie-Tāmaki Local Board area advising them of the affected parks in their local neighbourhoods.

∑††††††† four public workshops held throughout the community.

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

12.†††† A total of 53 submitters gave evidence for 42 alcohol ban areas. 35 submitters gave general feedback not specific to an existing alcohol ban area.

13.†††† A total of 18 submitters indicated they wish to be heard. Copies of the submissions received are attached to the agenda.

Hearing and deliberation process

14.†††† The Maungakiekie-Tāmaki Local Board appointed a hearing panel of the whole board to receive, hear and deliberate on submissions and other relevant information and make recommendations to the local board (resolution number MT/2015/58).

15.†††† 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.

16.†††† 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:

a)††††† 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

b)††††† 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

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

d)††††† 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

e)††††† consideration to 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).

17.†††† At the conclusion of the hearings, the panel will deliberate and confirm its recommendations to the local board in a decision report. The local board will decide whether or not to accept the panelís recommendations. The report is scheduled to be presented to the local board at the 17 September 2015 business meeting.

Submissions

18.†††† 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.

19.†††† Fifty-three submitters gave evidence for 34 alcohol ban areas. All evidence received has been analysed and summarised for each alcohol ban area in Attachment B.

20.†††† No further evidence was received for 92 current alcohol ban areas as shown in Attachment B.

21.†††† 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.

 

 

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

19

dView

Decision making criteria

21

† ††††

Signatories

Authors

Daniel Pouwels - Policy Analyst Social Policy and Bylaws

Kylie Hill - Policy Analyst Social Policy and Bylaws

Authorisers

Paul Wilson - Team Leader Social Policy and Bylaw

Victoria Villaraza - Relationship Manager



Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 


Maungakiekie-Tamaki Local Board Alcohol Ban Hearing Panel

11 August 2015

 


Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 


Maungakiekie-Tamaki Local Board Alcohol Ban Hearing Panel

11 August 2015

 


Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 


Maungakiekie-Tamaki Local Board Alcohol Ban Hearing Panel

11 August 2015

 


Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 



Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 



Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel

11th and 18th August 2015

 


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