Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

15 July 2014

Smoke-free Public Places Implementation

File No.: CP2014/07647

Purpose

1. This report is to provide the Devonport- Takapuna 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

2. 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.

3. 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; and

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

4. To assist local boards in progressing 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.

5. 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.

6. In April 2014, a workshop with the Devonport-Takapuna Local Board was held to confirm high priority sites for the installation of additional smoke-free signage. At this workshop, eight 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 $2,800-$3,400. These values vary depending on actual number of signs required, signage size and installation.

7. Also, the board signaled interest in the prioritising playgrounds and areas well frequented by children and youth for the installation of smoke-free signs.

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

Recommendation/s

That the Devonport-Takapuna Local Board:

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

i) Bayswater Park

ii) Gould Reserve

iii) Lake Town Green

iv) Takapuna Leisure Centre and Killarney Park

v) Milford Reserve

vi) Narrow Neck Beach Reserve

vii) Windsor Reserve and Devonport Library

viii) Hurstmere Green.

b) request that parks staff identify well frequented playgrounds, for the installation of additional smoke-free signage.

c) promote the smoke-free status of smoke-free public places in Devonport-Takapuna as the board deems appropriate.

Comments

9. 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.

10. 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.

11. 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; and

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

12. According to the 2013 census, Devonport- Takapuna Local Board area has a seven percent smoking rate, as compared with 13 percent for the Auckland region.

13. The Auckland Plan and the Policy have a goal of a Smoke-free Auckland by 2025, which would be measured by a five percent smoking rate in the region by 2025.

Policy Implementation

Smoke-free Public Places

14. 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.

15. 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.

16. In order to identify these sites, staff developed 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.

17. 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

18. Staff had prepared recommendations on the high priority (Category A) and medium priority (Category B) sites within the Devonport-Takapuna local board area. In April 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 Devonport-Takapuna local board area.

Table 2 High priority smoke-free sites for Devonport-Takapuna local board area

Site Name

Rationale

Estimate signage & cost

Bayswater Park

· Popular, well used sports park, located close to school

· Sports club located on site

· Popular with families & children

· Est. 2-3 wall mounted signs

· Est. $240- $369

Gould Reserve (Takapuna Beach Reserve)

· High profile and popular park site within Takapuna

· Attracts range of users from the region

· Many events, sports and water related activities are run from this reserve/ beach

· Well used by families, dog walkers and informal recreation

· Est. 2-3 wall mounted signs

· Est. $240- $369

Lake Town Green

· A new play park, currently under construction of Hauraki. This playground has been designed to specifically cater for under sevens so smoke free status would be ideal

· Est.2-3 wall mounted signs

· Est. $240- $369

Takapuna Leisure Centre and Killarney Park

· Several key facilities located on one site- park, leisure centre, swimming pool, art facility

· Popular and well used leisure centre in Takapuna

· Attracts a variety of users throughout the week

· Est. 5 wall mounted signs

· Est. $600-$615

Milford Reserve

· Key smoke-free facilities onsite-playground, club and park in proximity to a beach

· Popular with families, children and informal recreation

· Est. 2-3 wall mounted signs

· Est. $240- $369

Narrow Neck Beach Reserve

· Popular beach area, especially with families and children

· Some water and sports activity clubs use the area

· Est. 3-4 wall mounted signs

· Est. $480- $492

Windsor Reserve and Devonport Library

· Park, playground and library space in close proximity to the Devonport village

· Popular and well used area during weekends

· Frequented by families and young children

· Est 3-4 wall mounted signs

· Est. $480- $492

Hurstmere Green

· New public plaza developed within Takapuna town centre

· Will build awareness of the smoke-free status of other areas

· Complements Gould Reserve site

· Est. 2 wall mounted signs

· Est. $240-$246

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

Smoke-free signage installation in other areas

19. Sites that have scored moderately against the criteria, or ‘medium priority’ (Category B) sites will have a 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 a permanent smoke-free logo.

20. For the Devonport-Takapuna local board area, the medium priority sites are:

· Sunnynook Park

· Taharoto Park

· Ngataringa Park

· Woodall Park.

21. ‘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

22. 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.

23. 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; and/or

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

Consideration

Local board views and implications

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

25. In April 2014, staff attended a workshop with the board to discuss an approach to the implementation of the Policy. The board provided feedback on staff recommendations of high and medium priority sites within its area.

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

27. At the workshop, the board had made the following comments:

· it is in support of smoke-free public places within its local board area, but is concerned that additional signage will contribute to signage pollution;

· it does not want smoke-free signage to be over imposing, but incorporated into existing signs as much as possible;

· if additional signs are used, it would like the smoke-free signs to be a reasonable size to the contexts of its surrounding; and

· it supports children and youth oriented areas becoming smoke-free. As such, it would like to prioritise playgrounds for additional smoke-free signs (i.e. well frequented playgrounds to have additional signs).

28. Additionally, the board had some discussion around whether the ‘smoke-free’ logo is an effective manner to communicate the smoke-free status of a public place.

Maori impact statement

29. 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).

30. 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.

31. 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; and

· focus on the Southern Initiative smoke-free work stream.

Implementation

32. 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.

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

34. The approximate cost of additional smoke-free signs in the eight identified sites (Table two) in phase one is $2,800-$3,400. 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); and

· the positioning and installation of the smoke-free signs.

35. 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

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 July 2014

Auckland Transport Update on Issues Raised in June 2014 for the Devonport Takapuna Local Board

File No.: CP2014/14633

Purpose

1. This report provides an update on transport related issues raised by local board members during June 2014. It also includes general information about matters of interest to the local board and Attachment A the Schedule of Issues raised in June 2014.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) recieve the Auckland Transport June 2014 Issues Update to the Devonport Takapuna Local Board.

Comments

Local Board Auckland Transport Capital Fund Projects

2. The Devonport Takapuna Local Board resolved at the April meeting that it will confirm further funding of the current Local Board Transport Capital Fund Project list from the 2014/15 budget before 31 August 2014. The Board still have $820,190 to be allocated this triennium.

Napier Ave / Eldon Street / Harley Road

3. A site meeting was held on 5 May 2014 with residents of the area to discuss their concerns regarding ongoing issues with traffic in the area.

4. The residents of Napier Ave are concerned about the ‘rat-running’ though Napier Ave and requested that the following be considered:

· banning the left turn from Lake Road into Napier Ave;

· changing the Stop control from its existing location on Eldon Street to Napier Ave;

· signalising the left turn from Eldon Street into Esmonde Road;

· extending the existing “No Stopping at all times” (NSAAT) parking restriction on Napier Ave/Eldon Street Intersection further into Napier Ave; and

· marking a “Keep clear” for vehicles turning left into Napier Ave onto Lake Road.

5. The residents of Harley Road highlighted the following issues:

· the Stop control on Eldon Street at its intersection with Harley Road is being ignored;

· there needs to be additional line marking at the western end of the Harley Road Central Island to prevent vehicles from turning too closely to the end of the island;

· vegetation in the Harley Road central island needs to be trimmed; and

· the layout of the Esmonde Road central island between the entrance to the Church and Barrys Point Road needs to be modified to allow more right turning vehicles to wait without blocking through traffic.

6. Auckland Transport (AT) have issued consultation letters to residents in the area of Napier Ave to ascertain the level of local support for a 3 month trial of a “no left turn” into Napier Ave from Lake Road. This restriction will remove the option for vehicles to use Napier Ave as an alternative to the busy Lake Road / Esmonde Road intersection and in turn will reduce traffic using Eldon Street and its intersection with Esmonde Road.

7. Reducing the number of vehicles emerging from Eldon Street may assist buses turning right from Burns Ave into Esmonde Road by providing more “space” in which to turn. However, the exact benefit will need to be observed and quantified as part of the trial.

8. The use of a trial will allow AT to monitor the effect of this restriction in Napier Ave and the consequential effects in surrounding streets before considering making this a permanent measure. AT expect to have results of the trial at the end of October 2014.

9. AT is intending to wait until after the trial period before further reviewing the suggested change of priority of Eldon Street and Napier Ave to enable us to accurately assess the impact of banning the left turn.

10. AT will also consider the suggestions of extending the bus lane in Esmonde Road to effectively reach Burns Ave in order to form a clear route to improve the bus service times to the city. AT hope to have assessed the scope of this problem by the end of June 2014, at which point an update will be provided as to how to progress any opportunities identified.

11. Installing traffic signals for the left turn from Eldon Street at the intersection with Esmonde Road has been evaluated, and it is predicted that this is likely to lead to an increase in congestion at the existing traffic signals at Esmonde Road / Burns Ave, with a net reduction in capacity overall. The existing timings and phases are considered the most effective and further changes are not recommended. The signalisation of the intersection could also potentially reinforce ‘rat-running’ behavior in Napier Ave or Harley Road.

12. AT also intends to progress the following actions by the end of September 2014:

· extending the existing “No stopping at all times” parking restrictions on Napier Ave / Eldon Street intersection further into Napier Ave;

· the request for “keep clear” markings across the intersection of Lake Road and Napier Road has been approved and will be installed to assist residents turning out to Lake Road;

· AT will be installing another stop sign at the intersection of Harley Road and Eldon Street to further reinforce the priority here in response to residents’ concerns;

· the road marking to guide drivers when making a U-turn from Harley Road (south) to Harley Road (north) will be installed;

· the vegetation on Harley Road near the Eldon Street intersection will be trimmed to reduce its volume and will then be highlighted for ongoing maintenance; and

· AT will undertake further observations and investigation of the layout of Esmonde Road central island.

Auckland Transport News

Public Transport Fare Changes from 6 July

13. Auckland Transport has completed its Annual Fare Review which sees ticket prices on buses, trains and ferries change from July 6. From that date adults who use the AT HOP card for their travel will receive a 20% discount off the single trip adult cash fare (excluding NiteRider, Airbus Express and Waiheke ferry services). Child and tertiary AT HOP users will also continue to receive discounts on most services, when compared to the equivalent cash fares. In contrast most cash fares for bus and train and some cash fares for ferry will increase (some AT HOP fares for ferries will also increase).

14. Auckland Transport Chief Executive advises the annual review takes into account operator cost increases (e.g. fuel and wages), revenue and patronage movement and that Auckland Transport is also undertaking a strategic review of all public transport costs and pricing, which is due to be completed towards the end of the year.

15. It is considered public transport must be seen as a viable alternative to the car if Auckland is to even begin to resolve its transport problems and by making travel even more attractive on the AT HOP card encouraging more people to switch to public transport.

16. In March there was a jump in the number of people using public transport in Auckland with 7.3 million trips, an increase of 3.9% on March last year. The financial year to March also saw strong growth overall with just over 71 million trips.

17. In addition to an increased discount on AT HOP Auckland Transport will remove the 25 cent top-up fee and reduce the minimum top-up amount on the card from $10 to $5, both from July 6. The card itself will also remain at $5 until at least 31 January 2015.

18. From July 6 when the new fares are implemented, cash fares will be in 50 cent multiples which will reduce cash handling on buses in particular (with the exception of the City LINK child cash fare which will remain at 30 cents).

19. Auckland Transport hopes to move to implementing an exact fare/no change given policy in the future and will investigate the potential of removing cash fares altogether, as has recently been introduced in Sydney.

Background

Example annual savings

20. Annual savings for an adult taking 2 trips a day on a train or bus on 220 weekdays a year. Actual savings depend on personal circumstances, so actual savings may vary. The savings figures do not take into account the cost of buying an AT HOP card.

Adult	Fares		Annual Savings
Adult	Cash	HOP	Annual Savings
1 stage	$2.00	$1.60	$176.00
2 stage	$4.00	$2.95	$462.00
3 stage	$5.00	$4.00	$440.00
4 stage	$6.00	$4.80	$528.00
5 stage	$7.50	$6.00	$660.00
6 stage	$8.50	$6.80	$748.00
7 stage	$9.50	$7.60	$836.00
8 stage	$10.50	$8.40	$924.00

Terms and conditions for the $5 AT HOP card offer

21. Terms and conditions apply. Auckland Transport reserves the right to limit the $5 card offer to one card per customer, and to extend the duration of the offer. The purchase price is non-refundable. The $5 card offer is available until 31 January 2015. Cards must be topped up before use and must be topped up at the time of purchase when purchased from train and ferry Ticket Offices, Customer Service Centres or retail outlets. From 6 July, the minimum top up is $5.

22. You can read the full terms of use of the AT HOP cards, the registered prospectus relating to the AT HOP cards and other information regarding the AT HOP cards on our website or at the Transport Information Centre, Britomart. The obligations of Auckland Transport under the AT HOP cards are unsecured. www.AT.govt.nz/athop

Have your say on improved ferry services to Gulf Harbour

23. Good news for residents and visitors to Gulf Harbour, the number of ferry sailings each day between Gulf Harbour and Auckland is increasing to 12.

24. During peak times sailings will increase from two to three with another two sailings each way in the middle of the day, which should appeal to workers and students alike. There are now shopping and visiting options for those not needing to travel at peak times.

25. Auckland Transport wants the community to get involved and for people to have their say on the proposed timetable.

26. Auckland Transport Group Manager advised this draft timetable is the result of feedback AT has received about improving services to Gulf Harbour as these initiatives can further improve public transport options for all Auckland residents.

27. A survey ran last year showed huge demand for increased ferry services. And it is considered these additional sailings will make a huge difference to Whangaparaoa Peninsula commuters working in the CBD.

28. As part of the process ferry operator 360 Discovery Cruises will be handing out information flyers to existing ferry passengers, and thousands of questionnaires will be mail dropped over the next week with the objective of canvassing both bus and car commuters.

29. The new timetable could start next month subject to consultation, which closed on Sunday 29 June.

Local board views and implications

30. This report is for the local board’s information.

Maori impact statement

31. No specific issues with regard to the Maori Impact Statement are triggered by this report.

Implementation

32. There are no implementation issues.

Attachments

No.	Title	Page
a View	Schedule of Issues - June 2014	3

Signatories

Authors

Marilyn Nicholls – Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon – Team Manager Elected Member Relationships, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 July 2014

Local Alcohol Policy Project - Draft Policy for Local Board Feedback

File No.: CP2014/13491

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 (a copy will be available at the meeting and it can also be viewed on the Auckland Council website), 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 Attachment C.

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 Devonport-Takapuna Local Board:

a) provide 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, 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.

Project plan: key steps for developing council’s LAP

19. 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

20. On 13 May 2014, the Regional Strategy and Policy Committee adopted the Local Alcohol Policy Project: Statement of Proposal, 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 A of this report).

21. 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

22. 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 B.

23. 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.

24. 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 local 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

25. 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.

26. 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).

27. 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

28. 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)

29. 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.

30. 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.

31. 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

32. 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.

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

34. 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.

35. 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.

36. 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.

37. 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).

38. 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.

39. 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.

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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 B.

Summary of off-licence provisions

46. 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 B.

Special licences

47. 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

48. 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.

49. 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

50. The table below outlines the feedback received from the Devonport-Takapuna Local Board in 2013 on the Issues and Options paper and/or the Staff Position Paper 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. Devonport-Takapuna Local Board feedback

Topic	Local Board feedback	Officer response
Location and proximity	· Generally support the approach of splitting the Auckland region in to the six broad areas proposed for the purposes of this policy. 51.	· The draft LAP retains the broad areas approach as well as some variation based on Unitary Plan zoning and the town centre hierarchy. · However, the approach has been simplified so that the draft LAP now only includes three broad areas. This change was made in response from other boards, councillors and many stakeholders that six areas was too complicated. · The three areas are: Broad Area A, which includes the city centre, Ponsonby and Newton; Broad Area B, which covers the rest of Auckland (including Takapuna and Devonport); and the Priority Overlay, which includes areas that across the region that require special controls.
Location and proximity	· Concerned about the identification of Devonport in Broad Area 2; need to take in to account the nature of the local area and the type of clientele and visitors; request Devonport be reclassified to Broad Area 3.	· The draft LAP directly addresses this feedback. · Devonport is now included under Broad Area B, and would be subject to rules that align with other town and local centres across the region, (rather than the central city and the metropolitan centres), particularly in relation to on-licence hours.
Location and proximity	· Consider that areas need to be carefully defined, particularly where metropolitan and city fringe centres border residential neighbourhoods, such as in Takapuna.	· The draft LAP incorporates this feedback. · Rather than categorising metropolitan centres as a separate broad area, the draft LAP proposes that metropolitan centres be included as part of Broad Area B. The effect of this is that metropolitan centres, such as Takapuna, will be subject to similar location and density rules as the rest of the region, and will have earlier on-licence closing times than the central city. The metropolitan centre status is relevant in relation to granting trial extensions, where they will be preferred. This allows metropolitan centres to only trade later as it is appropriate, rather than blanketing all metropolitan centres with a 3am closing time which may not reflect current trading hours or the character of the centre.
Location and proximity	· Support the proposal for no direct proximity controls. Would prefer that aspects of proximity be implemented through conditions (e.g. prohibit the sale of single serves on off-licences near liquor bans and/or on-licensed premises) · Also support applicants being required to consider the impact of the proximity of off-licences under cumulative impact assessments.	· The draft LAP directly incorporates this feedback. It includes an Environmental and Cumulative Impact Assessment (ECIA) process, which would require the District Licensing Committee (DLC) to consider existing premises and sensitive sites in the area, surrounding land uses, demographic and alcohol-related harm indicators (including liquor bans in the vicinity) for the surrounding area before deciding whether to issue a licence. The council would prepare a report with all this information. · In addition, single serve restrictions have been recommended as a discretionary condition that the DLC should impose on all off-licences in the region.
Density	· Support the density control proposals as outlined in the document. · It is appropriate that there be no density controls for on-licences in Broad Areas 1 and 2. · Support allowing the community and statutory stakeholders to have a greater say over appropriate density of on-licences in Broad Areas 3, 5 and 6 by requiring a cumulative impact assessment for opposed on-licence applications. · Support the intention of encouraging clustering of on-licences in Broad Areas 1 and 2. 52.	· The draft LAP incorporates this feedback. · The draft LAP proposes that the ECIA tool should be used for some on-licence applications, depending on their location and risk. However, the requirements are less strict in Broad Area A and the metropolitan centres than in the rest of the region to encourage on-licences to establish in these places. · Staff received legal advice that location and risk were more appropriate triggers for the ECIA process than matters such as community objections to licence applications. However, to ensure that applications which communities may wish to object to are captured in the process, the assessment requirement has been extended further than in the position paper for the remainder of Broad Area B, particularly for off-licences. · Taken together the on and off-licence policy packages are designed to direct on-licence activities towards larger centres and encourage the establishment of lower risk on-licences generally.
Density	· Support the provisions and requirements for cumulative impact assessments for off-licences as proposed.	· The draft LAP directly addresses this feedback. ECIAs are required for nearly all off-licence applications.
Density	· Support limiting the density of off-licences in Broad Areas 1 and 6 through a temporary freeze on new licences for two years as proposed.	· The draft LAP directly addresses this feedback. A temporary freeze for off-licences in Broad Area A and the Priority Overlay has been recommended in the draft LAP.
Hours	· Support the maximum trading hours for on-licenses as proposed, with the exception that Devonport should not be classified as Broad Area 2 (see above). 53.	· The draft LAP incorporates this feedback, though the recommendations are somewhat different to those in the Position Paper. Hours for on licences have been recommended as follows: o CBD (Broad Area A) – 9am – 3am with trial extensions of up to 2 hours available for best practice on licences. o Rest of Auckland (Broad Area B, including Devonport) 9am – 1am with trial extensions of up to 2 hours available for best practice premises. However, the existing amenity levels within Devonport may mean it would be difficult for a premises to successfully apply for an extension. The policy includes a preference for extensions in larger centres.
Hours	· Support not imposing a one way door policy. We believe that there currently is not enough evidence to justify such a policy, and that if such a policy was imposed, it would create a disincentive for people to leave poor quality establishments.	· The draft LAP addresses this feedback. · Staff have not recommended the use of one way door restrictions for the draft LAP. There is currently a lack of evidence to show the effectiveness of this tool in reducing alcohol-related harm. Moreover, staff have concerns about the possible unintended consequences associated with this policy approach.
Hours	· Do not support the maximum trading hours of 9am – 10pm across the region for all off-licences. · Propose that this be reduced slightly to 9:30pm.	· Hours for off-licences have remained as recommended in the Position Paper (9am – 10pm across the region). This recommendation aligns with feedback from many councillors and local boards through the Political Working Party and the various elected member workshop held before the draft LAP was finalised.
Discretionary conditions	· We support the proposals for conditions as outlined in the document.	· Most of the discretionary conditions included in the position paper have continued to be recommended in the Draft LAP. These area varied by licence kind and the DLC can impose any which they think are appropriate on a case by case basis.
Discretionary conditions	· Strongly support the ability for conditions to be imposed on on-licences for the times at which outdoor audio equipment may be used, particularly where the premises abuts or is close to residential areas.	· Staff received legal advice that noise issues are most appropriately addressed through a noise bylaw and that nuisance is not directly related to licensing. However, the Environmental and Cumulative Impacts Assessment examines the land use within 500 meters of a proposed premises, including nearby residential areas, as well as the nature of the proposed premises (including outdoor areas) and the DLC will take this all into account when deciding whether to grant the licence and if so, what conditions may be appropriate.
General	· We understand that any existing resource consent conditions for an establishment (e.g. operating hours) trump the provisions of this policy where they are incongruous, and for an establishment to vary their hours to bring them in line with the maximum allowed under the policy the proprietors would require a new resource consent. We support the paramount nature of the resource consent process	· The board is correct. Staff would also like to reiterate that if an existing premises’ hours are more restrictive than what is allowed by the LAP, the licensed hours do not automatically extend to what is allowed. · The Act also allows a LAP to be more restrictive than the district plan

Maori impact statement

Research and data on Maori and alcohol

54. 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.

55. 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.

56. 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.

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

58. 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

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

60. 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	Regional Strategy and Policy Committee meeting May 2014 - Resolutions on draft Local Alcohol Policy	3
b View	A3 Copies of Tables 7 and 8 from report	3
c View	Key Topics for Feedback from Local Boards	3

Signatories

Authors

Belinda Hansen - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Chairperson	Mike Cohen, QSM, JP
Deputy Chairperson	Joseph Bergin
Members	Dr Grant Gillon
	Dianne Hale, QSO, JP
	Jan O'Connor
	Allison Roe, MBE

Portfolio	Responsibilities	Primary	Associate
Governance	Board leadership Board-to-Council and Board to Board relationships Board to CCO relationships (strategic governance matters) Civic duties Advocacy (local, regional and central government) Community partnerships Relationships with Maoridom Relationships with youth Relationships with government Unitary Plan Policy and planning: - local board plan - local board agreement - local area plan	Chairperson	Deputy Chairperson
Economic development	Key relationships with ATEED Business Improvement Districts Establish and promote local priorities in relation to economic development and tourism Town centre renewal, design and maintenance Town centre marketing and community safety	Member Bergin	Member Hale (with lead responsibilities for events)
Community development and resilience	Community development Neighbourhood relationships Community advocacy Community safety (excluding town centres) Graffiti removal Relationships with Civil Defence Emergency Management Group Community preparedness disaster response relief and recovery Artistic and cultural service levels Promoting artistic endeavour	Member Roe	Member O’Connor
Parks and natural environment	Neighbourhood parks and reserves (including esplanade reserves and the coastline) Design and maintenance Plantings, playgrounds, tracks, bollards, walkways and green cycleways Local priorities in relation to regional environmental management Coastal management including mangrove encroachment and erosion mitigation Restoration of wetlands, streams and waterways Natural heritage Events	Member Gillon	Member Cohen Member Roe (particular involvement in walking, cycling, walkways, cycleways and greenways only)
Transport and infrastructure	Transport projects and policy matters (e.g. roading, footpaths, public transport) Infrastructure projects and policy matters (e.g. water, stormwater)	Member O’Connor	Member Hale
Regulatory	Oversight of regulatory activities including: - bylaws - consent processes (including input in to decisions on notifications for resource consent applications) - licensing and compliance Liquor licensing and enforcement Heritage issues	Member Hale	Member Gillon
Recreational and community facilities	Stewardship of recreation centres and community facilities Libraries (including events and services relating to libraries and recreation centres) Local arts facilities and amenities	Member O’Connor	Member Hale

Milestone	Planned Date
Local Board confirms appointment of a Political Working Party	15 July
Draft Centre Plan reported to Local Board for consideration/consultation	16 September
Community and Stakeholder Engagement on draft Centre Plan completed	14 November
Final Centre Plan recommended by the Devonport-Takapuna Local Board	9 December

Authors	Alastair Child - Principal Local Board Advisor
Authorisers	Eric Perry - Relationship Manager

Authors	Sonja Tomovska - Local Board Democracy Advisor
Authorisers	Eric Perry - Relationship Manager