Agenda of Albert-Eden Local Board

Albert-Eden Local Board

02 July 2014

Auckland Transport Monthly Update Report – July 2014

File No.: CP2014/13960

Purpose

1. This report provides an update on local transport matters over the last month for the Albert-Eden Local Board.

Executive summary

2. This report contains a general monthly update on transport matters both locally and from across Auckland and a list of issues currently being addressed by Auckland Transport for the Albert-Eden Local Board.

Recommendation/s

That the Albert-Eden Local Board:

a) Receives the Auckland Transport Monthly Update Report – July 2014.

b) Requests that Auckland Transport investigate the feasibility of using Local Board Transport Capital funds to re-model parts of Essex Road at the rear of the Mount Eden Shops to create a more pedestrian friendly ‘shared space’ and provide a Rough Order of Cost for this project.

c) Requests that Auckland Transport investigate the feasibility of using Local Board Transport Capital funds to install live, ‘streaming ‘ web cams on St Lukes Road and provide a Rough Order of Cost for this project.

d) Requests that Auckland Transport investigate the feasibility of using Local Board Transport Capital Funds to build a new pedestrian refuge on Manukau Road opposite the Campbell Crescent Fountain, with the aim to create a safer crossing point that will improve pedestrian safety and allow better access to the reserve and provide a Rough Order of Cost for this project.

Comments

3. Corridor Management Plans

Auckland Transport is developing six, Corridor Management Plans (CMPs) in the Albert-Eden Local Board’s area:

· Great North Road from Karangahape Road to Ash Street;

· Manukau Road from Broadway to the Royal Oak roundabout;

· Mt Albert and Carrington Roads;

· Greenlane Road West;

· New North Road from Mt Eden Road to Blockhouse Bay Road; and

· Great South Road from Broadway to Otahuhu (planned to start soon)

CMPs are strategic documents designed to provide a 30 year framework for agencies working to maintain and improve transport along broad ‘corridors’ of movement. A CMP is not a detailed plan but outlines the types of planning that may be needed so that agencies can start planning budgets and work programmes in a coordinated way as early as possible.

The Albert-Eden Local Board has provided feedback into these plans on the following occasions:

· 12 March 2014 the Albert-Eden Local Board Transport Relationship Manager briefed the Board about the CMPs at a workshop and Members were asked to feed ideas through to the Transport Portfolio Leaders;

· 16 April 2014 the team developing the Great North Road CMP met with the Albert-Eden Local Board and workshopped this plan. The team also took the opportunity to introduce the other proposed CMPs and discuss initial feedback from stakeholders; and

· 14 May 2014 the other CMPs were workshopped with the Albert-Eden Local Board

The CMP Team have collated feedback from the Albert-Eden Local Board and will be briefing the Board Members on progress on 5 June 2014.

4. Parking Strategy

Auckland Transport recently started development of an Auckland-wide ‘Parking Strategy’. Workshops for elected members were conducted in ‘clusters during May 2014. Auckland Transport (AT) is reviewing all aspects of parking in Auckland and wants public feedback on its Draft Parking Discussion Document. Parking problems which affect the entire region have been identified by AT with some possible ways to fix them. Submissions opened online on Saturday 31 May and close on 31 July 2014.

The review will analyse the use of Park and Rides, residential parking zones, managing on and off street parking in the central city, clearest times on arterial roads and parking in town centres.

Auckland Transport circulated a draft ‘discussion document’ to all elected members in late May and public consultation started on 31 May and will be open until the end of July 2014.

Auckland Transport work shopped the strategy with representatives of the Albert-Eden Local Board on 19 June 2014.

5. Dominion Road Update

The project will provide continuous bus lanes along Dominion Road from SH 20 to View Road that will improve bus travel times down this important route. The upgrade will also include upgraded footpaths through the three Dominion Road ‘villages’, safety improvements for pedestrians and improved optimisation of traffic signals.

Construction of the Dominion Road Alternative Cycle Route started in early June 2014.

Design of the main corridor is progressing at pace and construction is planned to start in the main corridor in October 2014.

6. Albert-Eden Local Board Transport Capital Fund

The Albert - Eden Local Board has $664,933 per annum of discretionary funding for transport-related capital projects. It may allocate funding for the whole electoral term (i.e. $1,994,799) at any stage during its term.

The uncommitted $119,016 from the previous electoral term may also be rolled over on this occasion, giving the Albert - Eden Local Board a total pool of approximately $2,113,815 available in this electoral term to spend on transport projects.

This money can be used for projects identified by the Local Board, the principal constraints being that the project:

· Will not compromise transport safety;

· Is transport-related;

· Is in the ‘road corridor’; and

· Does not compromise the efficiency of the road network.

So far, in this electoral term, the Albert-Eden Local Board has requested five projects that are listed in Attachment A.

Another two projects have been identified this month:

· A plan to re-develop Essex Street at the rear of the Mount Eden Village by re-paving it with a more attractive surface and developing the surrounding area to make it a more pedestrian friendly ‘shared space’; and

· A plan to improve people’s travel along St Lukes Road by installing live ‘streaming’ web cams that will provide accurate up-to-date information about traffic conditions.

Draft resolutions requesting that Auckland Transport investigate the feasibility of the delivering these projects using the Local Board’s Transport Capital Fund are included in this report.

In the 2010-13 electoral term the Albert-Eden Local Board requested twelve projects. The eleven that were feasible and were (or are being) delivered are also listed in Attachment A.

This month’s updates on the Local Board’s Transport Capital Fund are:

· A Rough Order or Cost has been prepared for the LED Lighting Project and the total cost is estimated at $ 1,078,000. A full breakdown and locations of the proposed project is included in Attachment A. In June 2014 the Albert-Eden Local Board asked Auckland Transport to investigate the project further, start detailed design and provide a Final Cost.

· Work is complete on the Mont Le Grand and Morningside Drive traffic calming projects;

· The final consultation period on the two Balmoral LATM traffic calming projects is finished, the responses received have been analysed, final design work completed and responses are being sent to all submitters. While this work is being completed a contractor will be appointed concurrently to minimise delays and it is now planned that work can start in August 2014.

7. Issues Register

	Description	AT Response
Parking in Epsom in vicinity of Queen Mary Avenue	Concerns have been raised about a lack of retail parking for the cinema and shops on Manukau Road, Queen Mary Avenue and in surrounding areas.	This issue is an on-going matter over which there has been considerable discussion between Auckland Transport and the Albert-Eden Local Board’s Transport representatives. On 21 May 2014 members of the Parking Team met with one of the Albert-Eden Local Board’s Transport representative to discuss the problem ‘on the ground’. On 5 June 2014 Auckland Transport staff again met with the Albert-Eden Transport Portfolio Lead and discussed this matter ‘on the ground’. A simple solution to the problem is not readily apparent but the Auckland Transport Parking Team are developing some ideas.
Owens Road Safety Issues	Residents have raised concerns about the curved section of Owens Road that extends from Epsom Ave to approx. Numbers 113/78. Residents are concerned about speeding drivers ‘spinning out’ on the corners.	Last month, it was reported that the Road Corridor Operations Team had conducted an investigation of this area and had made a number of changes to nearby signage. The Maintenance Team has tested the road’s surface to make sure that it has the required level of grip. If the road surface does not meet standards remedial work will be undertaken. This matter was discussed in detail on 20 June 2014 by the Transport Portfolio Lead and Auckland Transport’s engineer responsible for the area. In summary, a range of steps have been taken too date, including improved signage. The next step is to monitor the area and if problems persist. then a rough non-slip surface can be applied that will make the corner safer.
Manukau Road Bus Stop Changes	Auckland Transport is currently proposing to re-assign a number of bus stops on Manukau Road.	The final plan has now been confirmed and work has started. Further reports will be provided as the project progresses.
Mountain Road Traffic Issues	Residents have raised concerns about the amount and behaviour of traffic on Mountain Road during school morning and afternoon peaks. Of particular concern was the difficulty for traffic to negotiate the intersections of Mountain Road and: · Glenfell / Almorah Roads; and · Gilgit Road.	Auckland Transport’s Community Transport Team is working with Auckland Grammar School to develop a School Travel Plan. The plan will address some of these concerns and will affect the development of operational solutions to issues in this street. Auckland Transport’s Road Corridor Operations Team is working closely with Community Transport to make sure that the plan develops effective solutions to the issues in this area. The first step is a ‘base line’ survey. This is required for the school’s travel plan and has now been completed. The next step is developing a safety plan and technical discussions about potential engineering solutions are under way. Road Corridor Operations, Community Transport and the School will continue to work together to analyse the issues and develop solutions. When all parties are happy a report will be made to the Local Board. This process will take about another 6-12 months.
Mount St John Ave	Currently there is a Kea crossing installed in front of Diocesan School for Girls in Margot Ave. It is requested that this crossing be moved from its current location in Margot Ave to Mount St John Ave and installed just east of the intersection of Margot and Mount St John Ave. The reasons for this request are: · Margot Ave is quiet and has slow traffic; · The current crossing is under-utilised because the students normally cross Mount St John Ave east of the intersection of Margot and Mount St John Ave; and · Moving the crossing to the location in which the students actually cross would seem to be safer than retaining a crossing that is not well utilised.	Initial investigations of this issue have been undertaken and a report was made to the last Albert-Eden Local Board meeting. Pedestrian counts at the existing Kea crossing indicated that it should be retained. Further study of the intersection of Margot and Mount St John has been done. The study confirmed that the behaviour of turning vehicles is such that it would be unsafe to build a crossing close to the intersection. The team is investigating whether it is feasible to build a new crossing that will ‘capture’ the Margot Ave ‘desire line’( that is created when people cross Mt St John Road in a North/South direction to follow Margot Ave) further to the east or west. This process will take time and Auckland Transport discussed progress with the Transport Portfolio Lead on 20 June 2014.
Alford Street	It has been reported that there are issues with excessive speed in this street.	The issue has been logged and is being investigated. Initial feedback is that the street has a history of complaints that are not substantiated by the speed measurements that have been conducted in the street. This is being investigated and, current speeds in the street and crash records re-assessed. Once this work is complete, a report will be provided to the Albert-Eden Local Board.

Attachments

No.	Title	Page
a View	Summary of Albert-Eden Local Board Transport Capital Fund Projects - 2013-2016 Electoral Term	13

Signatories

Author	Ben Stallworthy, Elected Member Relationship Manager, Auckland Transport
Authoriser	Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Albert-Eden Local Board

02 July 2014

Oakley Creek Stormwater Naturalisation

File No.: CP2014/11882

Purpose

1. To update the Albert-Eden Local Board on the Oakley Creek stormwater naturalisation project and request the appointment of a Local Board spokesperson for the project.

Executive summary

2. Te Auaunga (Oakley Creek) passes through Walmsley and Underwood reserves, which are located within the Puketapapa Local Board (PLB) area. The PLB is the administering body of the parks which are classified as recreation reserves under the Reserves Act 1977.

3. Oakley Creek is currently susceptible to flooding and floods 98 identified properties in the vicinity of Walmsley and Underwood reserves. A number of the properties at risk are located within the Albert-Eden Local Board (AELB) area. In order to mitigate flood risk and improve ecosystem health, major physical works are proposed to increase the capacity of the stream channel and return it to a more natural state between Richardson and the Sandringham Road extension.

4. Council’s stormwater unit is funding and leading the project. A detailed design contract is currently being awarded and the project is due to commence at the end of June 2014. It will be a landscape design-led project.

5. Staff recommend that the AELB appoints a spokesperson(s) as the formal point of contact during the detailed design phase of the project. The project governance arrangements will be finalised following appointment of the detailed design consultant, in discussion with the AELB and the PLB.

6. The project consultation strategy will also be finalised in discussion with the AELB after the detailed design contract has been awarded. The consultation strategy will ultimately be endorsed by the PLB, the AELB and relevant delegated staff.

7. Current funding for the project is limited to the delivery of stormwater related infrastructure only. The AELB will have an opportunity to allocate additional funds for delivery of the Owairaka Park to Underwood Reserve pedestrian and cycle bridge.

Recommendation/s

That the Albert-Eden Local Board:

a) Receives this report

b) Appoints a spokesperson(s) to represent the Local Board in relation to the Oakley Creek stormwater naturalisation project.

Comments

Te Auaunga (Oakley Creek)

8. Te Auaunga (Oakley Creek) is 12 kilometres in length, and is the longest surface watercourse in the Auckland isthmus. It collects and conveys a 1400 hectare catchment. The stream has a peak elevation of 105 metres at the Hillsborough southern boundary, dropping to sea level at the Waitemata. The creek is highly modified in parts, for example in the upper reaches and within the Walmsley and Underwood reserves, where it is an engineered channel. The creek is a very poor habitat in these sections due to the extensive channel modification, and the mid to lower reaches exhibit better ecosystem quality as they occur in a more natural state.

9. The stream currently has inadequate capacity to accommodate flows in a 100 year storm event. As a result there are 98 properties that are susceptible to flooding in the 100 year ARI flood event.

10. The stream reaches that are the focus of this report extend from Richardson Road to the Sandringham Road extension. In order to mitigate flood risk to 89 properties (including a number which fall within the AELB area north of Oakley Creek), and to improve the ecosystem habitat of the stream, the proposal is to increase the hydraulic capacity of Oakley Creek through Underwood and Walmsley Reserves, and increase the culvert capacity under Sandringham, Beagle and Richardson Roads. The PLB is the administering body for both reserves, which are described in more detail below. Under the Reserves Act 1977 the PLB is delegated decision maker for any works proposed in the parks. Attachment A shows the site location and the extent of flood risk to surrounding properties.

Walmsley and Underwood Reserves

11. Walmsley Reserve (3.7 hectares) and Underwood Reserve (4.2 hectares) are located in Mt Roskill. They were vested in the mid-1950s as recreation reserves and are zoned Open Space 2 in terms of the Auckland Council District Plan (Isthmus Section) 1999. The stream and associated reserves are an important connection between War Memorial Park, Alan Hendon Reserve, and the State Highway 20 cycleway. The reserves feature a paved path that runs east-west through the length of the parks.

12. The reserves are subject to a combined Reserve Management Plan that was adopted in 1988.

13. The PLB has previously prioritised improvements to the reserves by allocating funding within its 2011 Local Board Plan.

Oakley Creek Stormwater Naturalisation Project

14. The project is being funded by Council’s stormwater unit. The business owner is Council’s Infrastructure and Environmental Services (Stormwater) unit, who are currently in the process of awarding a detailed design contract to an external consultant. It is anticipated that the preferred consultant will be appointed by the end of June 2014.

15. The major physical works will include 1.3 kilometres of stream realignment and restoration, three new bridges across Sandringham, Beagle and Richardson Roads and rehabilitation/reinstatement of the Walmsley and Underwood reserves. This will increase the capacity of the stream channel and return it to a more natural state. It will be a landscape design-led project. There are multiple objectives associated with the project, including :

· Flood protection to the habitable floors of 89 properties in a 100 year ARI plus climate change event;

· Restore ecological and habitat function of the stream. This includes increasing the ecological linkage with downstream restoration done as part of State Highway 20 works; and

· Deliver amenity improvements to Walmsley and Underwood reserves including enhanced pedestrian and cycleway connections and other features such as outdoor classroom concept, exploratory play features.

16. The project has a detailed design timeline of approximately 18 months. Construction is predicted to take approximately two years. Construction will be staged to ensure (as far as possible) that both reserves are not closed simultaneously. The necessary resource consent applications are programmed to be lodged approximately nine months after commencement of detailed design.

Project Communication and Governance

17. The stormwater unit’s project leader is Tom Mansell, who has overall responsibility for the day-to-day delivery of the project.

18. The internal staff liaison person for the AELB and the PLB will be Rebecca Eng, Principal Policy Analyst (Community Policy & Planning). It is anticipated that Rebecca will attend fortnightly project team meetings and coordinate feedback from the AELB and the PLB, Parks, Sport & Recreation and other internal council specialists for day-to-day design development. Staff will report to the Local Board on a monthly basis.

19. The governance structure and communications protocol will be finalised following appointment of the detailed design consultant. As there are a number of affected properties on the northern boundary of the reserves that fall within the AELB area, staff recommend that the AELB appoints a spokesperson for the duration of the project, including the construction phase.

Consultation Strategy

20. The detailed design will be the subject of extensive public consultation. A draft consultation strategy has been prepared by staff in Council’s stormwater team. The draft states “this document identifies the stakeholders that need to be consulted with, the stages of the project the communication is planned to take place in and the nature and extent of communication required for the successful outcome of the project”.

21. Staff propose that the draft consultation strategy will be finalised when the detailed design consultant is appointed and subsequently endorsed by the PLB, the AELB and delegated staff, comprising of (but not limited to): Stormwater, Community Policy & Planning, Parks Sport & Recreation and Community Development, Arts & Culture (CDAC). It is proposed that staff and Local Board representatives will have the opportunity to comment on an advanced version of the strategy before it is adopted. The final consultation strategy will be reported to the Local Board at a later date (likely late August 2014).

Small Local Improvement Projects funds

Puketapapa Local Board: Play Features within Underwood and Walmsley Reserves

22. The following is provided for the AELB’s information. In 2013, the PLB commissioned LA Works to prepare a draft concept plan for Walmsley and Underwood Reserves. The design intent of the draft concept plan was “to provide further opportunities particularly for active recreation for a range of ages, for community food opportunities, outdoor teaching, creativity and wayfinding”. It included features such landscape planting, explorative play area, a bridge linking Underwood Reserve to Owairaka Park (discussed further below), outdoor classroom, flying fox and boundary planting. See Attachment B.

23. The 2011 PLB Local Board Plan included expenditure of $605,000 to “implement the Walmsley and Underwood park concept plan”. In addition, the PLB set aside $5,000 SLIPs operational expenditure to consult with the public on the draft concept plan.

24. In anticipation of the forthcoming stormwater naturalisation project, the PLB did not progress with consultation on the concept plan project and subsequently resolved to cancel the SLIPs funds for consultation (resolution reference PKTPP/2014/24, dated 27 February 2014). The stormwater naturalisation project will include rehabilitation of both reserves, incorporating a number of the non-stormwater related development assets which could include the same or similar features as those indicated in the draft concept plan. The stormwater naturalisation project will be the subject of extensive public consultation which might affect the final form of recreational features within the reserves.

Owairaka Park pedestrian and cycle bridge

25. The AELB and PLB resolved to jointly fund the detailed design and construction of a pedestrian and cycle bridge over Oakley Creek, linking Owairaka Park and Underwood Reserve. A portion of that budget was spent on detailed design of the bridge and resource consent application documentation. The Local Boards subsequently placed the proposal on hold in anticipation of the stormwater naturalisation project, given that the bridge design would become obsolete following a potential realignment of Oakley Creek. The funds allocated to the project within the AELB SLIPs budget was $170,000.

26. Detailed design of a revised pedestrian and cycle bridge is included in the design brief for the appointed consultant. However, as it is not directly related to the stormwater naturalisation project objectives, staff note that the AELB and the PLB may need to allocate funds for implementation of the pedestrian footbridge. Staff are unable to confirm the required funds until the detailed design has progressed. An approximate indication of when funds might be required will be provided as an update at the AELB business meeting.

Summary of SLIPs funding programme 2013-2014

27. The current situation with regard to SLIPs funding is summarised in the table below, for the Local Board’s information.

Project

Funds allocated initially

Current status of budget

Funds now required

Owairaka Park pedestrian and cycle bridge

$170,000

Approximately $50,000 spent on detailed design and resource consents.

Remaining funds ($120,000) to be deferred to 2014/2015 budget

Funds for implementation of bridge to be confirmed during detailed design

Consideration

Local board views and implications

28. No Local Board views have been sought in preparing this report. The Local Board is asked to receive this report and appoint a spokesperson, as stated in the recommendations.

Maori impact statement

29. Maori views have not been sought in relation to the Oakley Creek stormwater naturalisation project. Iwi will be engaged as part of consultation on the detailed design. The scope and approach to consultation, particularly with mana whenua, will be defined in a consultation strategy.

Implementation

30. No implementation issues have been identified for the purpose of this report as the project has not formally commenced.

Attachments

No.	Title	Page
a View	Attachment A: Sites at risk of flooding	47
b View	Attachment B: Walmsley & Underwood Draft Concept Plan	49

Signatories

Author

Rebecca Eng - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Albert-Eden Local Board

02 July 2014

Smoke-free Policy Implementation

File No.: CP2014/10511

Purpose

This report is to provide the Albert Eden Local Board (‘the Board’) with recommendations on the implementation of the Auckland Council Smoke-free Policy 2013 (‘the Policy’) in their local board area.

Executive summary

The Policy sets out a regional position on smoke-free public places and events. The exact detail of the implementation will be a matter for local board discretion, as local boards have been allocated non-regulatory decision making responsibilities for local activities.

Local Boards can:

· choose to progress the implementation of smoke-free public places wider and faster than identified in the Policy

· determine the exact signage requirements for promoting local smoke-free public places and any additional budget allocation for this

· decide on promotion and communication activities for smoke-free public places in their local area

· determine the extent of smoke-free messaging and promotion at local board events.

To assist local boards progress the implementation of the Policy, staff have made recommendations pertaining to the extent of smoke-free public places, signage requirements, promotion activities and other matters.

In terms of signage for smoke-free public places, staff do not recommend smoke-free signage in all areas affected by the Policy. Instead, placing additional smoke-free signs in certain ‘high priority sites’ will bear greater benefits in promoting smoke-free public places.

In May 2014, a workshop with the Albert-Eden Local Board was held to confirm high priority sites for the immediate installation of additional smoke-free signage. At this workshop, nine high priority sites were confirmed. Staff recommend additional budget be allocated for smoke-free signs in these sites. The cost of additional signage is estimated at $2,680 to $3,000. These values might vary depending on signage printing, size and installation.

In order to promote the smoke-free status of these sites, staff recommend that the Board publicizes smoke-free public places in their local board area as the Board deems appropriate.

Recommendation/s

That the Albert-Eden Local Board:

a) allocate budget for printing and installation of additional smoke-free signs in 9 high priority sites which include:

i) Epsom Community Centre

ii) Pt Chevalier Community Centre

iii) Mt Eden War Memorial Hall

iv) Pt Chevalier Library

v) Mt Albert Community Library

vi) Epsom Community Library

vii) Ferndale Park and Hall

viii) Mt Albert Aquatic Centre

ix) War Memorial Park

b) promote the smoke-free status of smoke-free public places in Albert-Eden as the Board deems appropriate

Comments

Background

The Auckland Council Smoke Free Policy 2013 (‘the Policy’) sets out council’s position on smoke-free public places, events, tobacco control advocacy and workplace smoking cessation.

As local boards have been allocated non-regulatory decision making responsibilities for local activities, the implementation of the Policy at a local level is a matter for local board discretion.

Local boards can:

· choose to progress the implementation of smoke-free public places wider and faster than identified in the Policy

· determine the exact signage requirements for promoting local smoke-free public places and any additional budget allocation for this

· decide on promotion and communication activities for smoke-free public places in their local area

· determine the extent of smoke-free messaging and promotion at local board events.

According to the 2013 census, Albert-Eden Local Board (‘the Board) area has a 10 percent smoking rate (13 percent for the region).

The Auckland Plan and the Policy has a goal of a Smoke-free Auckland by 2025. This is a five percent smoking rate in the region by 2025.

Policy Implementation

Smoke-free Public Places

Smoke-free in public places aims to discourage the community from smoking in certain public outdoor areas to de-normalise smoking behaviour. As the Policy is non-regulatory, compliance is voluntary and relies on the public being well informed about these smoke-free areas. As such smoke-free signs need to communicate the smoke-free status of a space.

However, the cost of installing smoke-free signage in all public places identified in the Policy outweighs its benefit. Therefore, staff recommend placing smoke-free signs in certain areas where the smoke-free message will have the greatest impact.

In order to identify these sites, staff developed a criteria based on the objectives and principles of the Policy. The criteria focused on:

· areas that are frequented by children and youth

· council-owned facilities

· areas that are well used and popular within their community

· sites where several smoke-free public places are clustered in close proximity.

Based on scores against the criteria, sites were then divided into four categories. Smoke-free signage implementation varies according to the categories. Sites that are scored highly are ‘Category A sites’ or high priority sites, where there is an opportunity for a higher level of smoke-free signage installation. Table one summarises these categories and smoke-free signage installation.

Table 1 Site priority and level of signage installation

Category		Level of smoke-free signage installation
A	High priority sites	· additional smoke-free signs + · temporary smoke-free stickers to be installed on existing signs, until signage replacement or upgrades occurs
B	Medium priority sites	· temporary smoke-free stickers to be installed on existing signs, until signage replacement or upgrades
C	Low priority sites	· smoke-free logo incorporated onto signs as they are replaced or upgraded
D	No priority sites	· no smoke-free signage installation

High priority smoke-free sites

Staff had prepared recommendations on the high priority (Category A) and medium priority (Category B) sites within the Albert-Eden local board area. In May 2014 a workshop with the Board was held to gather feedback and confirm these high priority sites.

Table two outlines the high priority smoke-free sites in the Albert-Eden local board area.

Table 2 High priority smoke-free sites for Albert-Eden local board area

Site Name

Rationale

Estimate signage & cost

Epsom Community Centre

· Adjacent to Melville Park (smoke-free signs in place)

· Medium sized community centre with good capacity

· Community centres are visible council assets and easy to build awareness of smoke-free message

· Staff on site to manage smokers

· Approx. 2-3 wall mounted

· Est. cost $250-$370

Pt Chevalier Community Centre

· Adjacent to shopping district in Point Chevalier

· Lots of programmes for children

· Large community centre with good capacity

· Community centres are visible council assets and easy to build awareness of smoke-free message

· Staff on site to manage smokers

· Approx. 2 wall mounted

· Est. cost $250

Mt Eden War Memorial Hall

· Adjacent to Potters Park (smoke-free signs in place)

· Large, well used War Memorial Hall

· Strongly associated with Auckland Council

· Staff on site

· Approx. 2-3 wall mounted

· Est. cost $250-$370

Pt Chevalier Library

· Well frequented by diversity of users

· Well frequented by children and young people

· Has issues with smokers in courtyard

· Approx. 1 wall mounted sign and 3 stickers

· Est. cost $250

Mt Albert Community Library

· Signs are in place, ensure adequate signs on buildings (i.e. libraries and halls)

· Area frequented by diversity of user groups, but highest youth and children

· Approx. 2 wall mounted

· Est. cost $250

Epsom Community Library

· Has some issues with cigarette butt litter and smokers outside the library

· Well used library by range of user groups

· Approx. 3 wall mounted

· Est. cost $370

Ferndale Park and Hall

· Ferndale house, Plunket rooms, park area, leisure centre

· Well used community facility and passive reserve area

· Approx. 2 wall mounted

· Est. cost $250

Mt Albert Aquatic Centre

· Adjacent to Mt Albert Grammar

· Swimming pools areas where families, schools and children frequent

· Small aquatic centre with little issues with smokers

· Approx. 1 wall mounted and 2 stickers

· Est cost $200

War Memorial Park

· Several smoke-free public places located on one site (including library, community hall, hard courts, sports fields, large playground)

· Approximately 2-3 wall mounted

· Est. cost $250-$370

NB: these cost estimates are based on (300x150mm and 300x400mm) sizes from one supplier (Panda Visuals)

Smoke-free signage installation in other areas

Sites that have scored moderately against the criteria, or ‘medium priority’ (Category B) sites will have temporary smoke-free sticker logo attached onto existing signs (in accordance with the council’s signage manual). As signs are replaced and upgraded, the signs will incorporate the permanent smoke-free logo.

For the Albert-Eden local board area, the medium priority sites are:

1. Sandringham Community Centre

2. Edendale Hall and Reserve

3. Jack Dickey Hall

4. Western Springs Garden Hall and Western Springs garden

5. Atol Syms Centre and Griffin Park

‘Low priority’ (Category C) sites will have the smoke-free logo incorporated onto signs as they due for upgrades or replacement. ‘No priority’ (Category D) sites are areas that do not currently have any signage installed.

Smoke-free public places promotion

As the Policy is non-regulatory, raising public awareness around the smoke-free behaviour and the council’s position on achieving a smoke-free Auckland is important.

To assist the Board in the promotion of the Policy staff suggest the following for consideration:

· an article in the local paper or magazine when majority of the smoke-free signs have been installed

· a launch event at one of the high priority sites when majority of the smoke-free signs have been installed

· raise awareness through social media (i.e. local board Facebook page or a website)

Consideration

Local board views and implications

Staff consulted with the Board throughout the development of the Policy in 2012-2013.

In May 2014, staff attended a workshop with the Board to confirm the high and medium priority sites for the implementation of the Policy. Given the Board’s smoke-free initiatives prior to the adoption of the Policy, this workshop identified ways the Board could build on existing initiatives in its area.

The Board was also provided with an indicative cost of introducing additional signage in the identified high priority sites.

At the workshop, the Board had made the following comments:

· it followed a parks categorization process similar to this implementation process (i.e. focusing on well used parks etc.)

· it wants advice on types of smoke-free messages that are effective in building awareness

· it supports a region wide smoke-free awareness campaign to build awareness of smoke-free public places across the region

Maori impact statement

The New Zealand Tobacco Use Survey (2009) found that the smoking rate amongst Maori (44 percent) is significantly higher than that of the non-Maori population (18 percent).

Through the development of the Policy, many stakeholders highlighted the disparity between Maori and non-Maori smoking rates within the region as a cause for disproportionate health outcomes for Maori.

The Policy aims to address Maori smoking rates through:

· the creation of smoke-free public places

· smoke-free signs to contain awareness based messages in Maori

· focus on the Southern Initiative smoke-free work stream

Implementation

There will be additional costs to the local board relating to the printing and installation of smoke-free signage in the high priority sites identified in the report.

Staff recommend wall- mounted smoke-free signage as these are hard wearing, have a longer life span and minimises signage pollution.

The approximate cost of additional smoke-free signs in the nine identified sites (Table two) in Phase one is between $2,680 to $3,000. The exact costs will vary depending on:

· the exact number of smoke-free signs required on each site

· if there are many smoke-free messages (e.g. mass printing of one message is more cost effective)

· the positioning and installation of the smoke-free signs

These estimated costs are one off costs. Any ongoing costs will be covered within signage maintenance and renewal budgets.

Attachments

There are no attachments for this report.

Signatories

Authors

Jasmin Kaur - Policy Analyst

Michael Sinclair - Team Leader, Regionwide Social Policy

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Albert-Eden Local Board

02 July 2014

Local Alcohol Policy Project - Draft Policy for Local Board Feedback

File No.: CP2014/13526

Purpose

1. To request formal feedback from local boards on the draft Auckland Council Local Alcohol Policy.

Executive summary

2. The purpose of this report is to provide local boards with a copy of the draft Auckland Council Local Alcohol Policy (LAP) and to request formal feedback by resolution.

3. On 13 May 2014, the Regional Strategy and Policy Committee adopted the LAP Project: Statement of Proposal (Attachment A), which includes the draft Auckland Council LAP, for public consultation (resolution number REG/2014/60(a). Following this decision, the council commenced public consultation (using the special consultative procedure), on 16 June 2014.

4. In addition to the public consultation process, council staff are seeking feedback from local boards on the draft LAP. Throughout June 2014, staff have facilitated workshops with local boards to discuss the content of the draft LAP. This report is a follow up to those workshops and provides local boards with an opportunity to pass formal feedback on the proposals. A list of key topics for local boards to consider passing resolutions on is included as Appendix D.

5. The draft LAP includes proposals relating to the following:

· location of licensed premises by reference to broad areas

· location of licensed premises by reference to proximity to premises or facilities of a particular kind or kinds

· whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned or any stated part of the district

· maximum trading hours

· the issue of licences, subject to discretionary conditions.

6. The details of these proposals are outlined in the body of this report.

Recommendation/s

That the Albert-Eden Local Board:

a) provides formal feedback (by passing resolutions) on the draft Auckland Council Local Alcohol Policy, noting that the resolutions will be included in the officers’ report to the Local Alcohol Policy Project Hearings Panel.

Comments

Legislative framework

Background: law reform

7. In December 2012, Parliament enacted the Sale and Supply of Alcohol Act 2012 (the Act). The Act introduced a new national framework for regulating the sale and supply of alcohol.

8. One of the key policy drivers behind the new legislation was an increased focus on local decision-making. In line with this, the Act removed the ability for council staff to consider alcohol licence applications under delegation and instead established new, strengthened local decision-making bodies (district licensing committees; “DLCs”). The Act also introduced the ability for local authorities to tailor some of the new national provisions (such as maximum trading hours) to their own local circumstances and to create additional regulations (such as the regulation of licence density) through the development of local alcohol policies (“LAPs”).

9. Whilst LAPs are not mandatory, the Act specifically empowers local authorities to develop them. The Act also explicitly requires licensing decision-makers, including DLCs and the new appellate body, the Alcohol Regulatory and Licensing Authority (“ARLA”), to have regard to the content of LAPs when making decisions under the Act. This statutory recognition represents a significant change from the previous system and allows local authorities, in consultation with their communities and stakeholders, to have greater influence over their local licensing environments.

Scope of LAPs

10. The Act restricts the scope of LAPs to the following licensing matters (section 77 of the Act):

· location of licensed premises by reference to broad areas

· location of licensed premises by reference to proximity to premises or facilities of a particular kind or kinds

· whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned or any stated part of the district

· maximum trading hours

· the issue of licences, subject to discretionary conditions

· one-way door restrictions.

11. Rules relating to each of these matters can be applied to: on-licences (e.g. bars, restaurants, taverns); off-licences (e.g. bottle stores or supermarkets) and club licences (e.g. sports clubs, RSAs) through the LAP. For special licences, a LAP can only include rules on hours, discretionary conditions and one-way door restrictions.

Effect of LAPs

12. The Act specifies when a LAP must be considered by licensing decision-makers (i.e. the DLC and ARLA). It also stipulates the effect that LAPs can have on the outcomes of different types of applications. The provisions of the Act relevant to these matters are summarised in the table below.

Table 1. Application of a LAP in licensing decisions

	Summary
When LAP to be considered	· The Act requires the DLC and ARLA to “have regard to” the LAP when deciding whether to issue or renew a licence.
Effect of LAP on applications for new licences	· The Act provides that where issuing a new licence would be inconsistent with the LAP, the DLC and ARLA may refuse to issue the licence (section 108) · Alternatively, the DLC or ARLA may issue the licence subject to particular conditions to address the inconsistencies with the LAP (section 109)
Effect of LAP on existing licences	· For applications to renew a licence, the DLC and ARLA cannot refuse to issue the licence on the grounds that it is inconsistent with the LAP. They can however, impose conditions on the licence to reduce the inconsistency (section 133). o The main implication of this is that location and density policies contained within a LAP will not apply to existing licences, meaning it will take time to give effect to the intention of location and density policies. · Provisions of a LAP relating to maximum hours and one-way door policies will apply to all licensees at the time that those provisions come into force (section 45). o This cannot be less than three months after public notice of adoption of the LAP, providing all appeals have been resolved. o The effect of this is that licensees with longer hours will have to revert to the maximum trading hours stated in the LAP, while licensees with shorter hours will not be affected.

Statutory process for developing LAPs

13. The Act prescribes the process for developing a LAP. In particular, it:

· outlines the matters that local authorities must have regard to when developing a LAP (section 78(2))

· requires local authorities to consult with the Police, inspectors and Medical Officers of Health before producing a draft LAP (section 78(4))

· requires local authorities to develop a draft LAP (section 78(1)), to give public notice of the draft LAP and to use the special consultative procedure to consult with the public (section 79(1)). (The draft policy then becomes the provisional policy.)

· requires local authorities to publicly notify the provisional policy and to allow submitters to appeal against the provisional policy (section 80).

14. The Act also sets out an appeal process and states that:

· only those who have made a submission on the draft LAP may appeal

· the only ground on which an appeal can be lodged is that the provisional LAP (or a part thereof) is unreasonable in light of the object of the Act.

15. The object of the Act (section 4) is that:

a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and

b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

16. The Statement of Proposal (Attachment A), as well as the sections below, provide information on the process Auckland Council has followed in developing its draft LAP, in line with the statutory requirements.

Auckland Council’s Local Alcohol Policy Project

Council’s decision to develop a LAP

17. In 2012, in anticipation of the new Act, Auckland Council completed the LAP Research Project, which focused on gathering and analysing information to support the development of a LAP. In May 2012, staff presented the Regional Development and Operations Committee (RDOC) with a copy of a research report, which was structured around the information requirements as set out in the then Alcohol Reform Bill (and that were later carried through into the final legislation).

18. After considering the research report, the RDOC approved the development of an Auckland Council LAP, subject to the passing of the Bill (resolution number RDO/2012/78(d)). This decision was later confirmed by the Governing Body in January 2013, after the new Act received Royal assent on 18 December 2012.

19. Project plan: key steps for developing council’s LAP

20. Auckland Council has followed an extensive process in preparing its draft LAP. The key steps are outlined in the table below. (Step 8 onwards will occur after the consultation process).

Table 2. Project plan overview

Step	Description	Timeframe
1. Project organisation / governance	· Established stakeholder reference groups and Joint Political Working Party	Complete
2. Issues analysis	· Reviewed, updated and analysed information gathered as part of Local Alcohol Policy Research Project in accordance with statutory requirements	Complete
3. Options analysis	· Identified assessed options available, within the parameters of the Act, to the council for addressing the issues identified at step 2. · Develop an issues and options paper with input from political working party and stakeholder reference group	Complete
4. Initial engagement period	· Initial engagement with internal, external and political stakeholders on issues and options paper	Complete
5. Engagement on staff position	· Developed a position paper with staff recommendations based on issues and options analysis, and feedback received through initial engagement period · Reported position back to internal, external and political stakeholders involved in the initial engagement period for further feedback	Complete
6. Develop and gain approval of draft policy	· Analysed outcomes of steps 2 to 5, completed detailed impact assessment, completed final engagement with elected members and developed draft policy · Present draft policy to the Committee for approval · Publicly notify draft policy	Complete
7. Special consultative procedure	· Follow special consultative procedure as set out in the Local Government Act 2002, which includes receiving written submissions, holding hearings and deliberating in public (i.e. full public consultation) · Parallel process for local boards and council advisory panels to provide feedback on the draft LAP	Current – September 2014
8. Provisional policy	· Work with Hearings Panel to report back to Governing Body with Provisional LAP · If the Governing Body endorses the provisional policy, give public notice of: o the provisional policy o rights of appeal against it o the ground on which an appeal may be made.	October / November 2014
9. Appeals	· Appeals will be dealt with in accordance with the Act	TBC
10. Adopt final policy	· Adopt final policy in accordance with the Act · Timing will depend on whether appeals have been lodged and if so, when they are resolved.	TBC
11. Implementation	· Work with officers from Licensing and Compliance and other relevant areas of council on the implementation of the policy. Officers will also develop a monitoring and evaluation framework.	TBC

Auckland Council’s draft Local Alcohol Policy

Council’s decision to adopt the draft Auckland Council LAP for public consultation

21. On 13 May 2014, the Regional Strategy and Policy Committee adopted the Local Alcohol Policy Project: Statement of Proposal (Attachment A), which includes the draft Auckland Council LAP, for public consultation (resolution number REG/2014/60(a); a full copy of the resolutions is provided in Attachment B of this report).

22. Following this decision, the council commenced the public consultation process (using the special consultative procedure), on 16 June 2014. The key consultation dates are summarised in the table below:

Table 3. Key consultation dates

Date	Milestone
16 June 2014	Written submission period opened
16 July 2014	Written submission period closes
July/August 2014	· Officers will review and analyse all submissions and report to Hearings Panel. · This report will include all resolutions passed by the local boards and council advisory panels with feedback on the draft policy.
Late August/ September 2014	· Public hearings will be held · Local Boards will be invited to attend a meeting with the Hearings Panel.
October 2014	Hearings Panel will report back to Governing Body with a provisional LAP

Background to draft LAP: stakeholder feedback

23. The following paragraphs provide an overview of the feedback received on the key issues associated with the project. A detailed summary of the feedback received from different feedback groups on the specific policy levers and proposals outlined in the staff position paper is provided in Attachment C.

24. There was a reasonable level of agreement across the different feedback groups on the following matters:

· Variation by licence – That the draft LAP needs to set different rules for different kinds of licences (i.e. on-licences, off-licences, club licences and special licences).

· Local variation – That given the size and diversity of the Auckland region, the draft LAP should provide a degree of local variation. Most agreed that at least the Central City should be treated differently, particularly in relation to on-licence hours.

· Club licences – Staff received very little feedback on how the LAP should regulate club licences, at both the issues and options stage and in response to the position paper. Of those that did comment, most agreed that issues with club licences are typically related to the operation and management of the premises, rather than location or density. Feedback also focused on wider issues beyond the scope of the LAP, such as the interrelationship between alcohol and sport.

· Discretionary conditions – There was strong support for the LAP to specify a range of discretionary conditions, even from industry groups, provided the conditions are clear (both in terms of compliance and the rationale), practical and reasonable.

25. Feedback varied across the different groups on most other matters, particularly the following:

Off-licence density

· Most agreed that the proliferation of off-licence premises across Auckland is one of the most pressing issues to be addressed through the LAP. Statutory stakeholders, public health sector stakeholders, community groups, residents and local boards (especially the southern boards) were all particularly concerned with this issue and wanted to see strict density controls through the LAP. The on-licence industry also expressed concern about clusters of off-licences within close proximity to on-licences and the issues this can create with pre- and side-loading.

· The off-licence industry however, opposed the use of density controls. Supermarkets in particular, argued that whilst density and clustering of premises may be an issue for other types of off-licences, it is not a concern for supermarkets.

· Other off-licensees (such as bottle stores), as well as umbrella organisations representing different retailers (e.g. business associations) acknowledged that there are issues with off-licence density in some parts of Auckland, but suggested that blanket rules would not be appropriate. These groups argued that the issues associated with off-licence clusters would be better managed through policy approaches designed to improve compliance combined with greater monitoring and enforcement of the Act. The main concern here was that blanket (‘umbrella’) rules penalise ‘good’ operators rather than targeting those with poor compliance.

On-licence density

· By contrast, most feedback groups seemed supportive of on-licence clustering, although comments tended to focus on positive notions of vibrancy and economic development associated with clusters of restaurants and cafes.

· Statutory stakeholders expressed concerns that the clustering of other types of on-licences (particularly late night bars) can have negative amenity effects and cumulative impacts on an area, ultimately leading to increased alcohol-related harm. The Police and Medical Officer of Health advocated for strong regulation of on-licence density.

· Licence inspectors acknowledged there can be issues with on-licence clusters but also suggested concentrating on-licences in certain areas can allow for easier enforcement.

Off-licence opening times

· Most stakeholders, community groups and residents were supportive of the LAP reducing off-licences hours across the region. Statutory stakeholders and public health sector stakeholders were particularly supportive, and some wanted to see trading hours even further restricted than those recommended by staff.

· The off-licence industry (with the exception of supermarkets) were also generally supportive of reduced trading hours for off-licences, provided that all types of premises were treated the same (i.e. that restrictions should be applied to bottle stores and supermarkets).

· Representatives for the supermarkets were strongly opposed to any restrictions on off-licence hours provided under the Act. They were especially opposed to the proposed opening time of 9am. The supermarkets argued that alcohol sales between 7am and 9am are minor and that this would inconvenience their shoppers.

· Other stakeholders, members of the community and elected members had mixed views on whether supermarkets should be treated separately.

On-licence closing times

· The topic of on-licence closing times has been the most contentious issue throughout the policy development process. Almost all groups (except the hospitality industry) were supportive of the shift away from 24 hour licensing that the Act has provided. However, in terms of ‘which parts of Auckland should close when’, the feedback was very mixed.

· The Police argued strongly for 3am closing in the Central City with 1am closing everywhere else. The Medical Officer of Health also shared these views, although on occasion suggested even more restrictive hours.

· Public health sector stakeholders were mixed. Some supported the Police recommendations, others suggested very strict closing times and others still, supported the staff position paper recommendations.

· The on-licence industry’s feedback was that ideally the LAP would override the 4am default position set in the Act, but if not, then no further restrictions to the default hours are required. The on-licence industry was also opposed to the idea of restrictions based solely on location as this fails to take account for the quality of individual operators (in terms of host responsibility etc).

· Community views were very mixed. Staff met with some community groups that wanted to see certain types of premises open late, whereas other groups were comfortable with 3am or 4am closing.

One-way door policy

· Throughout the initial engagement period, there was some support for the use of the one-way door policy. However, other stakeholders raised concerns about the practicality of this tool and the potential for other unintended consequences such as:

o Risks to individual safety (e.g. if an individual is separated from their group of friends)

o Increased drinking in public places

o Higher risk of conflicts for security staff (e.g. large queues just before one-way door commences, issues with outside smoking etc.)

Background to draft LAP: local board feedback

26. Throughout the development of the draft LAP, staff regularly engaged with, and considered the views and preferences of local boards. In particular, staff:

· reported to the Alcohol Programme Political Working Party, which included local board membership

· provided local boards with individualised research summaries on alcohol-related issues within their local board areas

· held workshops with local boards on the issues and options paper

· reported to local boards to gather feedback on the position paper.

27. Table 4 below summarises the feedback received from local boards on the position paper, which was released prior to the development of the draft LAP. (Note: This summary represents an overview of the feedback received. Some individual boards may not have agreed with the majority views).

28. Feedback received specifically from this local board is included, along with a response from officers, in the “Local board views and implications” section of this report (below).

Table 4. Summary of local board feedback

Position paper proposal	Summary of Feedback
Policy lever 1 – Location: Broad Areas
Establish six broad policy areas; five based on zoning in the Proposed Auckland Unitary Plan and a sixth “high stress/high risk” overlay.	Mixed views. · Some supported in principle · Others preferred a regional approach · Some suggested that some areas needed to be shifted between areas 2 and 3 (e.g. Devonport/Takapuna re-categorised as Area 3) · Some wanted local boards to be able to make rules in their area.
Use of a high stress overlay to identify problem areas or vulnerable communities	Mostly very supportive.
Policy lever 2 – Location: Proximity
Indirectly regulate the location of off-licences in relation to schools: · through the cumulative impact process · by delaying off-licence opening times until 9am · by regulating advertising through the signage bylaw	Mixed views. · Most supported the cumulative impact assessment including this as a consideration. · Southern boards supportive of buffer zone, others happy to rely on discretionary conditions · Concern around advertising
Policy lever 3 – Density
Allow clustering of on-licences in urbanised/ business focused areas (Broad Areas A and B)	Unclear. · General agreement that there is a case to treat the CBD differently, less certain on metropolitan centres · Some local boards considered that clusters of on-licences (e.g. restaurants) could be beneficial from an economic perspective and in terms of creating vibrancy etc.
Temporary freeze on off-licences in the CBD and high stress areas	Mostly supportive. · Mostly concerned with density of off-licences · Support for combination of cumulative impact approach and area based temporary freezes · A minority did not like this approach
The use of cumulative impact assessments to limit the establishment of new licences in other areas	Mostly supportive. · Many supported in principle but requested more information · Some suggested this should be required across the whole region. · Others wanted stronger density controls such as a sinking lid or cap
Policy lever 4 – Maximum trading hours
Maximum hours of 9am to 10pm for off-licences across the region	Supportive · Some boards, especially Southern boards, would prefer even greater restrictions · The rest were generally supportive of the proposed regional approach
Maximum hours of 8am to 1am for club licences across the region	Negligible feedback on club hours.
Maximum on-licence hours varied across the region: · CBD: 8am to4am · Metro centres:8am to 3am · Rest of Auckland (including high-stress areas):8am to 1am	Mixed views. · Some were happy with the hours proposed · Some Southern boards wanted earlier closing but would be happy if this was picked up through the high stress overlay · There was reasonable support for having localised entertainment hubs (i.e. metropolitan centres) to reduce migration to CBD
Trial extensions for operators in Broad Area A and Broad Area B	Mixed. · Some supported extended hours based on good behaviour.
Policy lever 5 – One-way door
No one-way door	Very mixed.
Policy lever 6 – Discretionary conditions
A range of discretionary conditions based on licence type	Supportive. · General support for a range of conditions, especially those that support good host responsibility

Summary of draft LAP content

29. This section of the report summarises the proposals contained within the draft LAP. The proposals:

· are evidence-based

· align with the object of the Act

· as far as possible, respond to feedback and concerns from elected members and stakeholders.

Purpose (section 1 of draft LAP)

30. The purpose of the draft LAP is to provide guidance to the DLC and ARLA on alcohol licensing matters in a manner that:

· is appropriate to the Auckland Council region

· reflects the views and preferences of Auckland’s communities and stakeholders

· is consistent with the object of the Act.

31. Overall, the draft LAP aims to reduce Auckland’s issues with alcohol-related harm by:

· prioritising areas where the LAP can have the greatest impact on harm reduction

· controlling where new licences are allowed

· controlling how many new licences are allowed

· reducing the hours that licensed premises can sell alcohol

· identifying additional conditions that the DLC can apply to licences to help improve the consistency of standards across Auckland’s premises.

32. This purpose aligns with the object of the Act, the requirement for the LAP to be reasonable in light of this object and the policy intent of the Act to provide greater local input into licensing decisions.

Location and density of licences

33. Auckland’s differing communities and areas means a blanket approach to policy provisions is not suitable. The draft LAP categorises the Auckland region into three broad areas each of which has different rules (reference to draft policy: Part B: Section 2 and appendices).

Table 5. Policy areas

Area	Overview
Broad Area A (City Centre, Ponsonby, Newton)	The three centres included in this broad area function as the region’s main entertainment hub. However, these areas also experience high levels of alcohol-related harm, including crime and anti-social behaviour.
Broad Area B (rest of the region)	The intended outcomes across the region are relatively consistent and therefore can be achieved through consistent policy tools.
A priority overlay which provides additional rules.	The priority overlay identifies areas that have high numbers of existing licences and communities that experience higher levels of alcohol-related harm. These are termed priority areas. The overlay will help protect these areas from further harm by imposing specific policies and rules.

34. The draft LAP also proposes the following policy tools to manage location and density issues.

35. Temporary freeze: The distribution of off-licences across Auckland is uneven and some areas have much higher licence density than others (e.g. the City Centre and many centres captured by the Priority Areas Overlay). Evidence shows that these areas also tend to experience disproportionate levels of alcohol-related harm. The draft LAP therefore, proposes that the DLC and ARLA should refuse to issue new off-licences in these specific areas for a period of 24 months from when the policy is adopted.

36. International case studies show that the temporary freeze is a useful policy tool, not only to allow time for saturated areas to recover but it can also lead to improved compliance. These are both important in achieving the object of the Act.

37. Environmental and Cumulative Impacts Assessment Process: Staff are proposing that certain applications for new licences would need to undergo an Environmental and Cumulative Impacts Assessment (ECIA) to help the DLC or ARLA in determining a licence application. Whether an ECIA is required would depend on the location of the proposed site and the risk profile of the premises under the Sale and Supply of Alcohol (Fees) Regulations 2013. Information about these risk profiles is included in Attachment F.

38. The process would build on the decision-making criteria under the Act to provide a more comprehensive framework for the assessment of new licence applications. In particular, it would ensure that following matters were fully considered, in order to better manage location (including proximity to sensitive sites) and density issues arising from applications for new licences:

· The risks associated with the location (including external and environmental risks such as the existing licence environment and the current levels of alcohol-related crime); and

· The individual risks associated with the proposed licence (such as the type of premises, the risk profile etc).

39. A key advantage with this approach is that rather than requiring absolute policy provisions (which would be very difficult to apply in an area as vast as Auckland), it allows the DLC and ARLA to exercise discretion and consider applications in the Auckland context, yet in a consistent and transparent manner.

40. The ECIA process is applied in the draft LAP in different ways, depending on the kind of licence and the location, but ultimately the process would assist the DLC and ARLA to determine which of the following outcomes is most appropriate:

· That the licence should be issued

· That the licences should be issued subject to certain discretionary conditions

· That the licence should not be issued.

41. Rebuttable presumption: The rebuttable presumption is the most restrictive way that the ECIA process is applied through the draft LAP. Staff have recommended that it be used in specific parts of the region where there is evidence that the alcohol licensing environment has a negative cumulative impact on the area (e.g. to restrict the establishment of new off-licences in neighbourhood centres). The effect of the rebuttable presumption would be that applications for new off-licences would generally be refused, unless the DLC or ARLA was satisfied that the operation of the premises would not unreasonably add to the environmental and cumulative impacts of alcohol on the area.

Maximum trading hours

42. The draft LAP proposes regional hours for club and off-licences, and hours based on location for on-licences. The hours proposed are as follows (reference to draft policy: Part B: Section 3.4; and sections 4 to 7):

Table 5. Proposed maximum trading hours

Licence	Proposed hours
Off-licences	9am to 10pm
On-licences	· Broad Area A: 9am to 3am · Broad Area B: 9am to 1am · Priority Overlay: Same as underlying broad area.
Club licences	9am to 1am
Special licences	Case by case, with consideration for location and nature of event/risks associated with event

43. Restricting the hours that alcohol is available can help to decrease alcohol-related harm. The licensed hours proposed in the draft LAP:

· represent a reduction from the national default hours (implemented in December 2013)

· reflect the views of the statutory stakeholders (Police, medical officers of health and licence inspectors)

· accommodate a majority of club and on-licence premises’ existing licensed hours

· will help to decrease inappropriate consumption (e.g. “side-loading” – leaving a bar to purchase cheaper alcohol from an off-licence before returning to the bar).

Trial extensions of hours for on-licences

44. The draft policy allows for on-licences (except those in the priority overlay) to apply for a two-hour maximum trial extension of hours.

· These will be granted on a trial basis, at the DLC’s discretion and following the completion of an environmental and cumulative impact assessment.

· Applicants will have a history of best-practice operation, and will need to continue to demonstrate high levels of compliance to keep the extension.

· Trial extensions will be preferred in the city centre for Broad Area A and in the metropolitan centres for Broad Area B.

· No extensions will be allowed in the priority areas.

Additional discretionary conditions

45. The draft LAP recommends a range of discretionary conditions for the DLC to apply. These conditions strengthen provisions already in the Act, and will help minimise harm to individuals and the community from inappropriate and excessive drinking.

Table 6. Discretionary conditions

Conditions recommended for all licences	Conditions which can be applied on a case-by-case basis	Where in draft LAP
Includes: · an onsite incident register · host responsibility policies for club and on-licences · prohibition on single unit sales for off-licences	Includes: · Restrictions on drinks prior to closing · Clean public areas outside · Certified manager to be onsite at BYO and club licences (already required for on- and off-licences) · CCTV · Monitoring of outdoor areas for late-trading premises (on-licences).	Part B: Sections 4 to 7

Conditions recommended for all licences

Conditions which can be applied on a case-by-case basis

Where in draft LAP

Includes:

· an onsite incident register

· host responsibility policies for club and on-licences

· prohibition on single unit sales for off-licences

Includes:

· Restrictions on drinks prior to closing

· Clean public areas outside

· Certified manager to be onsite at BYO and club licences (already required for on- and off-licences)

· CCTV

· Monitoring of outdoor areas for late-trading premises (on-licences).

Part B: Sections 4 to 7

Summary of on-licence provisions

46. The table below demonstrates how the policy tools described above are applied to on-licences within the draft LAP. This on-licence policy package is designed to:

· reduce alcohol-related harm by:

o requiring greater scrutiny of new on-licence applications, taking into account not only the applicant’s proposals but also the surrounding environment and existing licences.

o significantly reducing licence hours from the previous 24-hour licensing regime, and only allowing best practice on-licence operators to trade later. These operators will also be subject to higher standards.

· provide targeted policy interventions and additional protection for vulnerable communities from alcohol-related harm in Priority Areas

· improved practices amongst the off-licence industry through a range of discretionary conditions.

Table 7. Summary of draft LAP provisions for on-licences

Policy lever	Policy tool	Risk profile	Broad Area A	Broad Area B			Priority Areas
Policy lever	Policy tool	Risk profile	Broad Area A	Metro Centres	Neigh- bourhood centres	Rest of Broad Area B	Priority Areas
Location / density	ECIA	Very High	Required	Required	Required	Required	Required
		High	Required	Required	Required	Required	Required
		Medium	NA	NA	Required	Required	Required
		Low	NA	NA	Required	NA	Required
		Very Low	NA	NA	NA	NA	Required
Proximity to sensitive sites	ECIA	Risk profile is one of the triggers	DLC & ARLA directed to consider proximity to sensitive sites as part of ECIA
Hours	Standard maximum hours	-	9am- 3am	9am - 1am			· Hours to align with underlying area · LAP encourages even more restrictive hours
Hours	Trial extension for best practice operators	Risk is a factor in considering applications for extensions	Up to 2 hours Morning or evening (not both)	Preferred over other parts of Broad Area B	Directs DLC not to grant extensions in these areas	Up to 2 hours Morning or evening (not both) Centres preferred	Directs DLC not to grant extensions in these areas
Conditions	-	-	Range of conditions

Note: An A3 version of this table is provided in Attachment C.

Summary of off-licence provisions

47. The table below demonstrates how the policy tools are applied to off-licences within the draft LAP. This off-licence policy package recommended is designed to achieve the following:

· Enable the direct consideration of proximity issues by ensuring that the DLC and ARLA are made aware of any sensitive sites and existing premises relevant to an application, allowing them to make an informed decision as to what is appropriate

· Reduced access to alcohol from off-licences and reduced issues with pre and side-loading, especially in the Central City

· Strong regulation of off-licence density in areas with the greatest density and greatest levels of alcohol-related harm (e.g. the Central City and Priority Areas) and in neighbourhood centres, to align with feedback that ‘bottle stores on every corner’ are not appropriate or desirable

· Improved practices amongst the off-licence industry through a range of discretionary conditions.

Table 8. Summary of draft LAP provisions for off-licences

Policy lever	Policy tool	Risk profile	Broad Area A		Broad Area B		Priority Areas
			First 24 months	After 24 months	At all times policy in force		First 24 months	After 24 months
					Neigh- bourhood centres	Rest of Broad Area B
Location / density	ECIA	Very High	Temporary freeze	ECIA required Presumption against approval	ECIA required Presumption against approval	ECIA required DLC to “take into account”	Temporary freeze	ECIA required Presumption against approval
		High
		Medium
		Low
		Very Low				NA
Proximity to sensitive sites	ECIA	Risk profile is one of the triggers	DLC & ARLA directed to consider proximity to sensitive sites as part of ECIA
Hours	Reduced hours	-	9am to 10pm regional maximum
			6am to 10pm remote sales by off-licence (e.g. online sales) (Note: transaction can occur at any time but delivery times restricted)
Condition	-	-	Range of conditions

Note: An A3 version of this table is provided in Attachment C.

Special licences

48. The draft LAP proposes the following for special licences:

· Maximum hours should be determined on a case-by-case basis but should generally be in accordance with the policies that would apply to the Broad Area within which the event will be held

· A range of discretionary conditions designed to improve host responsibility and to reduce the overall alcohol-related harm associated with events.

Other options considered

49. Staff have not recommended the use of the one-way door policy, as overall, there is insufficient evidence to show its effectiveness in reducing alcohol-related harm. Key points from the research are summarised as follows:

· Some studies report displacement of patrons from area to area as an unintended consequence of the one-way door policy. This could result in increased drink driving if patrons then travelled across the city.

· When looking at case study examples, staff found that Melbourne has experienced issues with two ‘swills’ due to the one-way door approach: one as people leave one area to get to another area with longer hours before the one-way door commences; and then a second at closing time. Other research has even shown that the one-way door approach may increase some types of alcohol related harm such as damage to licensed premises, and vehicle-related offences.

· In areas where there was a decline in harm following the implementation of a one-way door, this tended to be for a short period before behaviours adjusted and incidence of harm returned to previous levels or increased.

50. Staff considered a range of other options throughout the development of the draft LAP. These are detailed in the attached Statement of Proposal.

Consideration

Local board views and implications

51. The table below outlines the feedback received from the Albert-Eden Local Board and provides a response from officers to show how the feedback has informed the draft LAP, or if not, why this is the case.

Table 9. Albert-Eden Local Board feedback

Topic	Local Board member feedback	Officer response
Location and proximity	· Raised concerns about bottle stores and locations; · Some suggested off-licences should not be granted within 300m of a school · Others suggested that perhaps 100m would be more appropriate, but should be allowed within 150m if in a town centre.	· The draft LAP directly addresses this feedback. It proposes that, for all licence applications required to undergo the “Environmental and Cumulative Impact Assessment” process, the council will prepare a report (including maps) which identifies for the District Licensing Committee whether there are any “sensitive sites” (including schools, treatment facilities, etc.) within 500 metres of the proposed premises. The draft LAP then explicitly directs the DLC to take any such sensitive sites into account when making a decision about whether to issue a licence. · The draft LAP also recommends that off-licence hours be restricted to a 9am opening time (i.e. after school begins).
Density	· Supported recommended off-licence density controls	· The draft LAP directly addresses this feedback. It retains the following off-licence density tools that were included in the staff position paper: o A temporary freeze on the issue of off-licences for 2 years in certain areas o The Environmental and Cumulative Impact Assessment process, although the scope has been broadened to include proximity issues (as outlined above). · The draft LAP also proposes a new tool to manage the density of off-licences, which is the rebuttable presumption. For further detail see sections 3.2 and section 5 of the draft LAP.
Discretionary conditions	· Suggested that single sale restrictions should be implemented next to on-licence areas.	· The draft LAP incorporates this feedback. Single serve restrictions have been recommended as a discretionary condition that the DLC should impose on all off-licences in the region. The condition states that single units of mainstream beer, cider or RTDs in less than 445ml packaging must not be sold; there is an exception for boutique and handcrafted beer and cider.

Maori impact statement

Research and data on Maori and alcohol

52. Where possible, staff have gathered data on alcohol-related issues by ethnicity. For example, data collected from the three Auckland-based district health boards (2012) showed that for the 2010/11 fiscal year, Maori had proportionately higher rates of alcohol-related emergency department presentations.

53. Throughout the initial engagement phases of the project, staff worked with the Policies and Bylaws team, Te Waka Angamua (Maori Strategy and Relations Department), policy advisors at the Independent Maori Statutory Board (IMSB) and Hapai Te Hauora to deliver a program for engaging with Maori on alcohol issues.

54. As part of this, staff ran a workshop with rangatahi (youth), organised a rangatahi engagement session as part of the Atamira event and held a hui with mana whenua and mataa waka to discuss both the LAP Project and the Alcohol Control (Liquor Ban) Bylaw Project.

55. The IMSB was represented on the Political Working Party. Hapai Te Hauora Tapui was represented on the Public Health Sector Reference Group.

56. There are no specific references in Iwi Management Plans to alcohol or alcohol policy, other than a statement about general health and well-being.

Implementation

57. Community Policy and Planning staff have worked closely with Licensing and Compliance Services throughout the development of this draft LAP.

58. As part of the options analysis, staff carefully considered practicality and ease of implementation. The proposals included in the draft LAP meet these criteria.

Attachments

No.	Title	Page
a View	Draft Local Alcohol Policy 2014: Statement of Proposal	73
b View	Regional Strategy and Policy Committee meeting May 2014 - Resolutions on draft Local Alcohol Policy	189
c View	A3 Copies of Tables 7 and 8 from report	191
d View	Key Topics for Feedback from Local Boards	193

Signatories

Author

Belinda Hansen - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Chairperson	Peter Haynes
Deputy Chairperson	Glenda Fryer
Members	Helga Arlington
	Lee Corrick
	Graeme Easte
	Rachel Langton
	Margi Watson
	Tim Woolfield

Author	Lori Butterworth - Property Manager - Auckland Council Property Limited
Authoriser	Margrit de Man - Property Portfolio Manager - Auckland Council Property Limited

Author	Alastair Child – Principal Local Board Advisor
Authoriser	Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards

Author	Michael Mendoza - Democracy Advisor
Authoriser	Adam Milina - Acting Relationship Manager - Albert-Eden & Orakei Local Boards