Agenda of Henderson-Massey Local Board

Henderson-Massey Local Board

17 July 2014

Henderson-Massey Local Board Community Group Funding, Applications for Round Two, 2013/2014

File No.: CP2014/13642

Purpose

1. This report presents applications received under round two of the Henderson-Massey Local Board 2013/2014 Community Funding programme. The Henderson-Massey Local Board is required to fund, part-fund or decline these applications.

Executive summary

2. The Henderson-Massey Local Board has a total Community Programme budget for 2013/2014 of $50,627. This is being distributed to community groups in two funding rounds. The first round closed on 5 July 2013 and the second on 28 February 2014.

3. Under round one, the board committed $35,161 from its Community Funding programme budget, which leaves a balance of $15,466 for round two.

4. The applications to be considered are those received for round two, which is the second and final round in this financial year.

5. Forty-two applications have been received, requesting a total of $201,893.

Recommendation:

That the Henderson-Massey Local Board:

a) Considers the applications listed in Table 1 and agree to fund, part-fund or decline each application in this round.

Table 1 – Henderson-Massey Local Board Community Funding Applications.

Organisation	Funding for	Amount requested
Multiple Sclerosis Auckland	Towards the pool hire and contract fees for qualified physiotherapist attendance at West Wave Swimming Pool	$5,000.00
Parent aid Waitakere Inc.	Towards the office lease and administration costs	$14,020.00
YMCA of Auckland Inc.	Towards the purchase and installation of new basketball hoops at the Massey Leisure Centre	$11,906.00
Ethiopian Sports and Cultural Club Inc.	Towards hall hireage, costume hire, fees for the performance coordinator, transport and refreshments for the event ‘Performance West’	$1,550.00
Netball Waitakere	Towards the purchase of medals, badges and trophies for the winter league prize giving	$9,451.00
Antara Association Inc. - Antara Free Natural Health Clinic	Towards the purchase of a vacuum cleaner	$699.00
Project Litefoot	Towards the costs of implementing LiteClub at Starling Park Sports Club	$2,873.00
Waiatarua Community Patrol Group	Towards first aid training for the volunteers	$1,000.00
Communicare (CMA)	Towards venue hire for the Te Atatu and Massey Friendship Centre	$3,456.00
Women's Centre Waitakere	Towards purchasing books, facilitator fees and window tinting for 111 McLeod Road, Te Atatu South	$4,700.00
Life Education Trust Waitakere	Towards the purchase of workbooks for use in the mobile classroom	$4,000.00
Barnardos New Zealand	Towards the purchase of resources, microwave and table chairs for the HIPPY programme at Colwill School	$3,892.00
Postnatal Distress Support Network Trust	Towards office rent at the Integrated Neurological Rehabilitation Foundation	$5,000.00
Hare Krishna Veggie Burgers	Towards the purchase of food and set up costs for the Veggie Burgers project in Henderson	$5,000.00
Blind Foundation	Towards a salary for the blind counsellor	$5,000.00
West City Youth Trust	Towards volunteer reimbursement, advertising, resources, prizes, event uniforms, venue hire and hireage of sports gear for youth workers in schools	$2,050.00
Youthline Auckland Charitable Trust	Towards the facilitation and room rental costs for the basic youth and community Counselling Skills	$3,625.00
The Parenting Place - Toolbox Division	Towards additional subsidies for participants, course handbooks and volunteer expenses for courses run in the Henderson-Massey Local Board area	$2,699.00
Silver Fern MotorSport Charitable Trust	Towards fuel, salaries, and overhead costs of the Youth At Risk programme	$5,000.00
Neighbourhood Support Waitakere including Junior Neighbourhood Support Waitakere programme	Towards the purchase of the volunteer resource kits (portable table, chair, flags, gazebo and printing) and entrance fees to Rainbows End for the Junior Neighbourhood Support Big Day Out	$2,369.00
Action Education Incorporated	Towards facilitation costs and room rental for personal development programmes	$2,609.00
Fair Food Trust	Towards the purchase and printing of volunteer t-shirts and equipment for the volunteers	$2,240.00
Getin2life Youth Development Trust	Towards costs associated with running 6 Underground Street Play sessions in the Henderson-Massey Local Board area	$3,288.00
Christian Assist Trust	Towards the purchase of a laptop and printer for use at the Colwill School Budgeting Service	$707.00
Massey Community Trust	Towards the purchase of programme resources, hall hire costs, salary of the programme director and volunteer expenses for Breakfr3 programme.	$7,800.00
Te Atatu Peninsula Community Trust	Towards painting the inside of the building for the Te Atatu Peninsula Community Trust	$5,000.00
Te Ukaipo Mercy Initiatives for Rangatahi Limited	Towards the purchase of food and equipment for the Te Ukaipo Teaching Outreach in Ranui programme	$5,000.00
Ranui Swanson Waitakere Community Patrol	Towards the purchase of a vehicle for the Ranui Swanson Patrols	$10,000.00
The Royal New Zealand Plunket Society Waitemata	Towards the operational costs of the West Auckland Family Centre in Henderson	$7,313.00
Auckland Action Against Poverty	Towards costs cellphone contracts, purchase of laptop, printer, volunteer expenses and equipment for the Kelston Community Hub	$1,900.00
Ranui Action Project	Towards purchase of a trailer BBQ for projects/events in the Ranui area	$5,000.00
Massey Community House	Towards costs associated with the Halloween and Christmas in the Park events at Triangle Park	$7,010.00
Massey Community House	Towards the purchase of equipment (playground, seating, storage and mural) for the beautification of Triangle Park	$5,000.00
Rainbow Youth Inc.	Towards the design, poster, pamphlets, postage and packaging for the Auckland Public Spaces Initiative	$3,000.00
Migrant Action Trust	Towards facilitators fees, workshop material, venue hire, administration and coordination costs, mileage and projector hire for the Start Right in NZ at the Waitakere Resource Centre	$4,222.00
Sport Waitakere	Towards the purchase of prizes, corflute sign, advertising pedometers and trophies for Run4Fun at Moire Park, Massey	$2,500.00
Piha Community Centre Society Incorporated	Towards roof treatment for the Barnett Hall, Piha	$825.00
Auckland Regional Migrant Services Charitable Trust	Towards travel expenses for volunteers, coordinator’s salary, workshop costs, programme overheads, facility rental and van hire for the ARMS Newcomer Supporter Programme	$14,273.00
Auckland Kids Achievement Trust - FYD Auckland	Towards camp costs, bus hire and staffing salaries for the Stars Peer Support at Rutherford College	$5,000.00
Waitakere Community Law Service	Towards the purchase of furniture for the Waitakere Community Law Services at 1a Trading Place, Henderson	$5,916.00
Henderson Community Men's Shed Trust	Towards the purchase of timber for the Mens Shed in Henderson	$5,000.00
Violence Free Waitakere	Towards the salary for the ECE Facilitator, salary for the Manutehau Hub ECE assistant, refreshments, venue koha and purchase of art materials for Massey East Community Weaving event	$5,000.00
	Total:	$201,893.00

Comments

6. In March 2013 the Regional Operations and Development Committee agreed to the continuation of the interim community funding approach for the 2013/2014 financial year:

“That the Regional Development and Operations Committee endorse the continuation of the interim community funding programme for the 2013/2014 financial year, in accordance with current budgets and decisions-making delegations, due to the complexity of the range of funding models currently operating across the region, with the expectation that a new funding policy be in place for the 2014.2015 financial year, or before” (RDO/2013/32).

7. Forty-two applications were received for this round, requesting a combined total of $201,893.

8. The Henderson-Massey Local Board Community Funding Programme Budget for 2013/14 is $50,627 of which $35,161 has been paid in grants, leaving a balance of $15,466.

Consideration

Local board views and implications

9. Board members received a summary of each application along with information relating to the current legacy community funding scheme priorities that apply.

Maori impact statement

10. Community funding is a general programme of interest and accessible to a wide range of groups, including Maori. Maori are therefore likely to benefit alongside other groups in the community. The provision of community funding to support community development initiatives provides opportunities for all Aucklanders to undertake projects, programmes and activities that benefit Maori.

Implementation

11. Staff will confirm in writing all grants made by the local board and will administer payment and receipt of accountability for all grants made. The team will also notify all unsuccessful applicants in writing.

Attachments

There are no attachments for this report.

Signatories

Authors

Kim Hammond - Community Grants and Support Officer West

Authorisers

Louise Mason - Manager Community Development, Arts and Culture

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

Henderson-Massey Local Board

17 July 2014

Te Rangi Hiroa and Birdwood Winery Estate Recreation Facility

File No.: CP2014/14152

Purpose

1. To seek approval from the Henderson-Massey Local Board to undertake a detailed cost estimate in order to proceed to concept design with the preferred option of an outdoor youth space at Birdwood Depot.

Executive summary

2. The Henderson-Massey Local Board resolved on 19 September 2013 that council staff investigate and consult on a further two options for a recreation facility at the Te Rangi Hiroa and Birdwood Winery Estate Reserve.

3. The options are an indoor facility relocated within the Reserve that would provide a larger indoor space, and a flexible outdoor youth space with equipment to cater for a variety of youth activities.

4. Consultation took place during February and March 2014. The main themes from the consultation were that young people considered the best type of facility was one that was free to use, had multiple flexible spaces and activities with a whanau BBQ area for family gatherings and, a place that can be added to in the future.

5. There were more concerns expressed for the indoor facility than the outdoor youth space. These included cost barriers, limited opening hours, the need to book the facility and what can be built with the available project budget.

6. Based on the investigation and input from the consultation, the preferred option is a flexible outdoor youth space with equipment to cater for a variety of youth activities.

7. In order to develop this option a detailed cost estimate is required to determine if the preferred option can be achieved within the allocated project budget. This will inform the concept design and the business case for development.

8. It is proposed that council staff, youth representatives and an external consultant work together to develop and cost the concept design for the outdoor youth space. The concept will be presented to the Local Board when completed before consultation with targeted community groups and youth.

Recommendation/s

That the Henderson-Massey Local Board:

a) Agrees the outdoor youth space is the preferred option.

b) Agrees that council staff undertake a detailed cost estimate in order to proceed to concept design for the outdoor youth space at Birdwood Depot.

Comments

9. The Henderson-Massey Local Board resolved on 13 December 2012 that council staff proceed with public consultation on the preferred recreation facility concept plan for Te Rangi Hiroa and Birdwood Winery Estate Reserve. Resolution number HM/2012/95 (Attachment A).

10. Public consultation took place during May and June 2013. The key concerns commonly expressed during the consultation related to the proposed facility location and its small size.

11. In response to this feedback a further options analysis to consider four additional sites within the reserve was undertaken. The analysis looked at accessibility, visibility, safety, size of indoor space, constraints and benefits. Based on these criteria the following options were not considered favourable: maintaining the original concept plan, relocating the proposed concept within the reserve or using existing buildings on the reserve. The project team recommended the following as the preferred alternatives:

· an indoor facility relocated within the reserve that would provide for a larger indoor space, and

· a flexible outdoor youth space with equipment to cater for a variety of youth activities

12. In September 2013 the Henderson-Massey Local Board agree that council staff investigate and consult on the two additional options. Resolution number HM/2013/216 (Attachment B).

13. Consultation with targeted community representatives and youth took place during February and March 2014, using an online and paper survey and meetings. Information from the youth sports and recreation summit ‘Youth Speak Sports’ was also taken into consideration. (Attachment C).

14. The survey generated input from 28 individuals while 47 people attended the stakeholder and youth meetings.

15. The most common themes received through the consultation were:

· That the best facility was one that was free to use at any time, with multiple flexible spaces and activities

· While a youth focused facility was generally supported, several participants felt that an area for families such as a whanau BBQ area should be included to complement the space for young people.

· Future expansion was a key consideration for both options.

· There were more concerns raised for the indoor facility than the outdoor youth space. These concerns included a cost barrier to use the facility, limited opening hours, the need to book the facility and what the quality of the indoor facility could be provided for the available budget of $1.8 million.

Project scope

16. The initial scope of the project was to develop an indoor recreation facility with multi-use outdoor spaces. A feasibility study was produced in 2012 that included identification of the needs of current users of the reserve, the community and youth, three (3) facility options and cost estimates, estimated ongoing operational and long term maintenance costs, facility management and governance options.

17. Based on the options investigation and community consultation by council staff, the preferred option is for a flexible outdoor youth space with equipment to cater for a variety of youth activities.

18. The scope of the project has now change from the initial indoor recreation facility to an outdoor youth space.

Preferred option

19. The outdoor youth space will support social interaction, and active recreation. The design of the space and equipment will cater for a variety of activities and programmes extending the playable space for all community members to use

20. The youth space could include areas such as a multi-use basketball/netball court, adventure playground, bike track and mounds, flying fox, children’s playground, outdoor music system, free Wi.Fi, scooter/skate ramps that can also be used as seating, volleyball court on sports filed, confidence course, outdoor table tennis table, outdoor gym, and graffiti wall for art rather than tagging. Youth have also highlighted the need for permanent shelter and trees for shade, a whanau friendly BBQ area with drinking fountain, tables and seating. Car parking, safety lightings, storage and toilet facilities will complement the youth space.

Constraints with the preferred option

21. The option of developing an outdoor youth space is significantly different from the building based concept plan that was endorsed by the Henderson-Massey Local Board in December 2012 and publicly consulted on in May to June 2013.

22. A detailed cost estimate is required to determine what aspects of the outdoor youth space can be achieved initially from the allocated budget.

23. The proposed location for the youth space requires significant work to remove large amounts of logs and wood leftover by the previous business operating on site.

User brief

24. Following the consultation process a user brief was developed to identify key design requirements which included:

· a flexible outdoor youth space with equipment to cater for a variety of youth activities

· a space that could include areas such as a multi-use basketball/netball court, adventure playground, bike track and mounds, flying fox, children’s playground, outdoor music system, free Wi.Fi, scooter/skate ramps that can also be used as seating, volleyball court on sports filed, confidence course, outdoor table tennis table, outdoor gym, drinking fountain and graffiti wall for art rather than tagging

· provision for permanent shelter and trees for shade

· a whanau BBQ area with tables and seating

· car parking and safety lights

· provision for storage and toilets

Location

25. The propose location for the outdoor youth space will remain at the Birdwood Depot. Geotechnical and environmental investigation carried out in 2013 has confirmed the site as adequate for future construction.

Cost estimates and concept design

26. An investigation by council staff is currently underway to determine the anticipated and final cost of construction, cost of equipment’s and any associated cost of maintenance. These aspects can be fully scoped once a concept has been approved.

27. A concept design development within the project budget will include confirmation of the selected site, a set of concept options and sketches of how the youth space could be configured on the site.

28. A quantity surveyor will be used to provide a detailed cost estimate to determine if the core concept is likely to come within the project budget of $1.8 million. The cost indication should include site preparation and earthwork, cost of equipment’s and fit out, consent fees and contingency estimates and cost of amenities such as toilets and storage and other suggested design features.

29. A project team consisting of council staff, external consultant and youth representatives from the youth council, local schools and youth groups will work together to develop the concept design and costing.

30. The concept will be presented to a Local Board when completed. Consultation with targeted community representatives and young people will take place after the concept design has been approved by the Henderson-Massey Local Board.

Consideration

Local board views and implications

31. The Local Board has been kept informed of developments through agenda reports and workshops.

32. The investigation of the two options and the preferred option was discussed at a workshop with the Henderson-Massey Local Board on 6 May 2014. Board members expressed support for the preferred option. (Attachment D).

Maori impact statement

33. Council staff has initiated communications with Ngati Whatua, Te Kawerau a Maki and the Mataawaka community. Council will continue to work with iwi to ensure that matters of significance are appropriately addressed.

34. The Te Rangi Hiroa Reserve Management Plan 2002 includes an objective to recognise, protect and as appropriate, promote the Maori cultural and historical values of the Reserve and their wider catchment, and to work in partnership with Iwi on the management of issues of significance on the reserves.

Implementation

35. There will be cost to engage an external consultant to prepare a concept design, and a cost estimate for the preferred option.

36. The proposed location of the outdoor youth space requires a significant clean up. There may be additional cost incurred to prepare the site for development. Council staff and Auckland Council Property Limited (ACPL) are working on ways to clear the site.

Attachments

No.	Title	Page
a View	Henderson-Massey Local Board meeting minutes 13 December 2012. Resolution number HM/201/95	17
b View	Henderson-Massey Local Board meeting minutes 19 September 2013. Resolution number HM/2013/216	19
c View	Youth Speak Sport Summit report	21
d View	Te Rangi Hiroa & Birdwood Winery Estate Reserve Recreation Facility presentation 06 May 2014	25

Signatories

Authors	Roma Leota - Policy Analyst, West
Authorisers	Penny Pirrit - Regional & Local Planning Manager

Henderson-Massey Local Board

17 July 2014

Westgate Multipurpose Facility - Library, Community Facilities and Town Square

File No.: CP2014/15128

Purpose

1. To provide an update to the Local Board on how to achieve a Multipurpose Facility – integrated Library and Community Centre – to be located in the Westgate Town Centre, and seek approval of the recommended updated plans for the project.

Executive summary

2. Community Development Arts and Culture /Libraries/City Transformation/Community Policy and Planning progressed discussion to consider greater opportunities for integrated Library and Community Centre – Multipurpose Facility.

3. Plans were updated to reflect outcome of discussions to determine viability of the Multipurpose Facility.

4. The proposed facility will cater for the long term needs (10 years) retaining the original building footprint, high quality materials and finishes, look and feel and Building Green Star aspirations.

5. A Multipurpose Facility will enable smarter use of Council asset as well as realising a multipurpose hub for the community and achieving significant Operating cost (Opex) savings.

6. The North West is one of eight priority areas in Auckland Plan. It is assumed that North West will continue as a priority area until the needs are reasonably met.

Recommendation/s

That the Henderson-Massey Local Board:

a) Adopts the updated plans for the Multipurpose Facility – integrated Library and Community Centre dated June 2014 (Attachment A).

b) Approves the project to progress to tender and construction phase.

Comments

Project Status Update

7. The Library and Town Square project progressed to detailed design and the overall design is at 95% complete.

8. In April 2014 discussions between Community Development Arts and Culture /Libraries/City Transformation/Community Policy and Planning to consider greater opportunities for integrated facility have taken place.

9. Plans were updated to reflect outcome of discussions to determine viability of the Multipurpose Facility and presented at a Local Board workshop held on 17 June 2014 for discussion.

Strategic Overview of Community Facilities

10. Cross-department discussions considered the Strategic Overview of Community Facilities for the area including the following factors:

· Developments creating demand pressures

· People-drivers of demand for facilities

· Changing land uses influencing demand:

· Unitary Plan provisions

· Special Housing Areas

11. The following are current gaps in Council facility provision for the area:

· No community centre to act as a civic hub for large new community

· No swimming pool facilities in north-west

· Massey Leisure Centre designed for suburban use

· Unmet need evidenced through 2012 community consultation findings

· Facility demand will double over next 30 years

· Kumeu can be considered as future are of growth to avoid duplication of Community Facilities

· Key assumptions drawn from 2012 population projections and add in the likely effects of the known Special Housing Areas:

· By 2016 population 80,000

· By 2021 population 83,800 to 95,520

· By 2026 population 86,800 to 106,380

· By 2031 population 91,440 to 117,600

Proposed Integration of Library and Community Centre

12. Integration rather than Co-location of facilities

13. The proposal meets community need identified in public consultation undertaken by Community Policy and Planning.

14. Since Council’s amalgamation, there had been a major shift in the way libraries operate through a network of 55 libraries.

15. The Multipurpose Facility caters long term needs (Library and Community Centre in the next 10 years)

16. The proposed integrated facility retains:

· Building footprint

· High quality materials and finishes

· Look and Feel

· Building Green Star aspirations

Project scope

17. Original scope - Westgate Library

· Library spaces

· Integrated Arts

· (Children's Library)

· Community multipurpose rooms:

o (small/medium)

· CAB spaces

· External public toilets

18. New scope for integrated facility - Westgate Multipurpose Facility

· Library spaces

· Integrated Arts

· (Children's Multipurpose Area)

· Community multipurpose rooms:

o Large Cultural/Multipurpose Space (capacity approx. 260)

o Storage for Cultural/Multipurpose Kitchen

o Large Foyer/Multiuse space (i.e. exhibitions, meetings)

o Meetings rooms (small, medium, large)

· CAB spaces

· External public toilets

Benefits of Multipurpose Facility

19. Realising a multipurpose hub for the community will enable:

· High quality multipurpose facility accessible to the community

· Provision of multiple educational opportunities

· Engagement of wider range of age groups and ethnic communities

· Social engagement and stronger community networks

20. The proposed Multipurpose Facility demonstrates a collaborative Council cross-department approach to respond to community needs and to plan and build Council assets.

21. A Multipurpose Facility achieves smarter use of Council assets:

· Flexible rather than exclusive use of space

· Avoid duplication of services offered to community

· Maximising use for longer hours plus increased activation and engagement with town square

22. Operating one building instead of two buildings will enable realising significant Operating cost (Opex) savings.

Next Steps

23. Determine and agree functional requirements for the additional community spaces at the proposed Multipurpose Facility.

24. Progress further discussions with Resource Consenting, initial comments received do not adversely affect the proposal.

25. Update and finalise detailed design of the facility.

26. Project delivery timeframes are subject to necessary approvals to proceed with proposal and to integrate funds/budgets as well as bringing forward Community Centre budget in the following weeks. The following are indicative timeframes:

· Resource Consent: Late 2014

· Construction: Early 2015

· Opening: Mid-2016

27. Areas requiring further investigation are:

· Operational models: Libraries and CDAC are progressing discussions to determine the best operational model that would respond to the nature of shared spaces.

· Operating cost (Opex): Ones the operational model is confirmed, further work is required to update operating cost for the Multipurpose Facility.

· Other facilities and needs: Other facilities such as an Aquatic Centre and Sport and Recreation Centre are not covered by this report and further investigation is required to respond to these needs.

· Also further investigation is required for the redevelopment of current facilities (i.e. current Massey Library).

Consideration

Local board views and implications

28. A Local Board workshop was held on 17 June 2014 and proposal for the integrated Library and Community Centre into Multipurpose Facility was presented for discussion.

Maori impact statement

29. Council staff will work with Te Waka Angamua – Maori Strategy and Relations department on a continuing engagement process with local iwi groups. It is not anticipated that the development of the Westgate Multipurpose Facility will have an adverse impact on Maori.

Implementation

30. The North West is one of eight priority areas in Auckland Plan. It is assumed that North West will continue as a priority area until the needs are reasonably met.

31. The Community Facilities Network Plan is under development to guide Auckland council’s provision of community facilities into the future. It is understood that Network Plan will outline the current provision of community facilities, including those community facility projects that are already underway, and identify other potential areas of need for investigation.

32. It is assumed that projects already in the detailed design phase, such as the Westgate Multipurpose Facility, will continue.

Attachments

No.	Title	Page
a View	Westgate Multipurpose Facility - Updated Plans	43

Signatories

Authors

Rodrigo Pizarro - Project Manager - Major and Special Projects

Authorisers

Allison Dobbie - Manager – Libraries and Information

Kevin Marriott - Manager Community Facilities

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

Henderson-Massey Local Board

17 July 2014

Local Alcohol Policy Project - Draft Policy for Local Board Feedback

File No.: CP2014/13516

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 Henderson-Massey 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

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 Henderson-Massey 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. Henderson-Massey Local Board feedback

Topic	Local Board feedback	Officer response
General	· All members noted that the issues are less pronounced in West Auckland due to the Licensing Trust arrangements	Staff acknowledge that licence density is lower in West Auckland than in other parts of the region but raise the following points in response to the board’s feedback: · Throughout the policy development process, staff met with different West Auckland based community groups and held public meetings in the West where residents raised concerns about alcohol-related harm in their local communities. Many of the workshop participants saw the LAP as an important ‘back stop’ in case the trusts were resolved. · Recent Police data shows that some parts of West Auckland are currently experiencing significant issues with alcohol-related harm. As a result, staff are recommending the use of a Priority Overlay as part of the draft LAP to implemented stricter controls in areas that are most in need. Henderson is one of the recommended Priority Overlay areas.
Density	· Members did not think a cap would work	· The draft LAP directly incorporates this feedback. Staff carefully considered the use of a cap. However, the temporary freeze approach was preferred for the following reasons: § the freeze, as currently proposed in the draft LAP, would achieve very similar outcomes to a cap but is more likely to be considered reasonable in light of the object of the Act (grounds for appeal). § the freeze has been implemented successfully overseas with positive results. § there was strong support for the temporary freeze across multiple stakeholder groups.
Hours	· Supported varied hours based on different types of premises	The draft LAP incorporates this feedback; different hours have been recommended for on-licences, off-licences and club licences. The draft policy also enables the District Licensing Committee to allow different hours for different types of on-licences through the trial extensions policy tool. Extensions will be only be granted to best practice operators, and the policy directs the DLC to consider the type of premises before issue an extension.
Discretionary conditions	· A range of conditions would be useful, but would vary from licence to licence	· This feedback has been directly incorporated into the draft LAP. The draft policy recommends certain discretionary conditions for certain licence kinds, and recommends that some are appropriate for all new licences and some are appropriate for the DLC to consider on a case-by-case basis. This is flexible and the DLC or ARLA can decide upon which conditions are appropriate in which circumstances.

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 (Under Separate Cover)
b View	Regional Strategy and Policy Committee meeting May 2014 - Resolutions on draft Local Alcohol Policy	91
c View	A3 Copies of Tables 7 and 8 from report	93
d View	Key Topics for Feedback from Local Boards	95

Signatories

Authors

Belinda Hansen - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

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

Chairperson	Vanessa Neeson, JP
Deputy Chairperson	Shane Henderson
Members	Brenda Brady, JP
	Peter Chan, JP
	Warren Flaunty, QSM
	Will Flavell
	Tracy Kirkley
	Luke Wilson

BOARD MEMBER	ORGANISATION	POSITION
Vanessa Neeson, JP (Chairman)	Ranui Sector Trial	Chair
Shane Henderson (Deputy Chairman)	Waitakere Community Law Service Ranui Action Project	Employee Co-Chairman
Brenda Brady, JP	Keep Waitakere Beautiful Safer West Community Trust Sunnyvale Residents & Ratepayers Society Inc. West Auckland Historical Society District Licensing Committee	Trustee Trustee Member Member Member
Peter Chan, JP	Cantonese Opera Society of NZ Asian Leaders Forum NZ-Hong Kong Business Ass. NZ-China Business Ass. Auckland Chinese Environment Protection Association (ACEPA)	Member Member Member Member Advisor
Warren Flaunty, QSM	Westgate Pharmacy West Auckland Hospice NorSGA Properties Westgate Pharmacy Ltd The Trusts Community Foundation Ltd Rodney Local Board Waitemata District Health Board Waitakere Licensing Trust Massey Matters Inc. Massey Birdwood Settlers Ass. Taupaki Residents & Ratepayers Ass.	Contractor Trustee Director Director Director Elected Member Elected Member Elected Member Member Member Member
Will Flavell	Rutherford College	Employee
Tracy Kirkley	District Licensing Committee Heart of Te Atatu South	Member Member
Luke Wilson	NZ Police - Massey Community Constable D.A.R.E. West	Employee Member

Name and Location of Land/Facility	Durham Green

Name of the Community it serves	The West Auckland Community

Local Board Area	Henderson-Massey

Name of Community Group	The Girl Guides Association New Zealand Incorporated (Waipareira Branch)

Postal Address	PO Box 56395, Mt Eden, Auckland

Contact person	Jen Triggs – jenny@details.co.nz

Name of Community Lease Advisor	Michelle Knudsen

Name and Location of Land/Facility	Neville Power Memorial Park

Name of the Community it serves	The West Auckland Community

Local Board Area	Henderson-Massey

Name of Community Group	The Girl Guides Association New Zealand Incorporated (Waipareira Branch)

Postal Address	PO Box 56395, Mt Eden, Auckland

Contact person	Jen Triggs – jenny@details.co.nz

Name of Community Lease Advisor	Michelle Knudsen

Name and Location of Land/Facility	Fairdene Reserve

Name of the Community it serves	The West Auckland Community

Local Board Area	Henderson-Massey

Name of Community Group	The Girl Guides Association New Zealand Incorporated (Waipareira Branch)

Postal Address	PO Box 56395, Mt Eden, Auckland

Contact person	Jen Triggs – jenny@details.co.nz

Name of Community Lease Advisor	Michelle Knudsen

Authors	Alastair Child – Principal Local Board Advisor
Authorisers	Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Authors	Busola Martins - Local Board Democracy Advisor
Authorisers	Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau