2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from
decision making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 Confirmation of Minutes
5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been
received.
7 Petitions
At the close of the agenda no requests to present petitions had been
received.
8 Deputations
Standing
Order 3.20 provides for deputations. Those applying for deputations are
required to give seven working days notice of subject matter and applications
are approved by the Chairperson of the Albert-Eden Local Board. This means that
details relating to deputations can be included in the published agenda. Total
speaking time per deputation is ten minutes or as resolved by the meeting.
At the close
of the agenda no requests for deputations had been received.
9 Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to
address the meeting on matters within its delegated authority. A maximum of 3
minutes per item is allowed, following which there may be questions from members.
At the close of the agenda no requests for public forum had been
received.
10 Extraordinary Business
Section 46A(7) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with
at that meeting if-
(a) The local authority by resolution so
decides; and
(b) The presiding member explains at the
meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item
cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting
if-
(i) That item is a minor matter relating to
the general business of the local authority; and
(ii) the presiding member explains at the
beginning of the meeting, at a time when it is open to the public, that the
item will be discussed at the meeting; but
(b) no resolution, decision or recommendation
may be made in respect of that item except to refer that item to a subsequent
meeting of the local authority for further discussion.”
11 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
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Albert-Eden
Local Board Alcohol Ban Review Panel
10 August 2015
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Hearing and
deliberation report for the Albert-Eden Local Board alcohol ban review 2015
File No.: CP2015/15671
Purpose
1. To support the hearing panel
with the hearing and deliberation process for the local board alcohol ban
review.
Executive
Summary
2. The Albert Eden Local Board, at its business meeting on 6 May 2015, adopted
for public engagement, a proposal to retain seven alcohol bans
and allow 101 to lapse unless further evidence was supplied.
3. The public engagement period
opened on 19 June and closed 17 July 2015. A total of 51 submitters gave
evidence for 32 alcohol ban areas. Thirty-six submitters gave general feedback
not specific to an alcohol ban area. Ten submitters indicated they wish to be
heard.
4. All members of the Albert Eden
Local Board comprise the hearings panel with member Peter Haynes as
Chairperson. The panel will receive, hear and deliberate on submissions and
other relevant information to make recommendations. The report summarises the
matters raised in submissions and provides staff comments where appropriate to
support the panel during the hearing and deliberation process.
5. The hearing panel will first
hear from submitters who wish to be heard in support of their submission, and
then deliberate on the matters raised in the submissions received. To conclude
the process, the hearing panel will adopt a decision report detailing the
panel’s recommendations to the Albert Eden Local Board.
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Recommendation/s
That the Albert-Eden Local
Board Alcohol Ban Review Panel:
a) in relation to the proposed
Albert Eden Local Board Alcohol Ban Review;
i. receive
this summary of submissions report
ii. receive
the submissions
iii. hear
the submitters who wish to be heard in support of their submission.
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Comments
Proposal
6. The Albert Eden Local Board, at its business meeting on the 6 May 2015 (resolution
number AE/2015/60), adopted for public engagement a
proposal to:
· retain
seven existing alcohol bans
· lapse
101 existing alcohol bans unless sufficient evidence is provided through the
public submission process.
7. The public engagement period
opened on 19 June and closed 17 July 2015.
8. The proposed changes were notified
as follows:
· a
public notice in the New Zealand Herald
· on
the Auckland Council website
· through
social media and print media
· to
local board stakeholders.
9. All supporting documents were
made available on council’s website and through local libraries and service
centres.
10. A total of 51 submitters gave
evidence for 32 alcohol ban areas. Thirty-six submitters gave general feedback
not specific to an alcohol ban area.
11. A total of 10 submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and
deliberation process
12. The Albert Eden Local Board
appointed a hearing panel which consists of all of the board members and the
member Peter Haynes as Chairperson.
13. The board as a panel will hear
and deliberate on submissions and other relevant information and make
recommendations.
14. Hearings provide an opportunity
for submitters to speak in support of their submission and for members of the
hearing panel to ask questions to better understand the views of the
submitters.
15. In conducting hearings and making
decisions, the hearings panel must consider a range of the statutory and bylaw
requirements, summarised in Attachment D. The most important requirements
outlined in the bylaw are:
· evidence
that the alcohol ban area has experienced a high level of crime or disorder
that can be shown to have been caused or made worse by alcohol consumption in
the area
· that
the alcohol ban is appropriate and proportionate in the light of the evidence
and can be justified as a reasonable limitation on people's rights and freedoms
· consideration
of community-focused solutions as an alternative to or to complement an alcohol
ban
· consideration
of the views of owners, occupiers, or persons that council has reason to
believe are representative of the interests of owners or occupiers, of premises
within the area to which the alcohol ban will apply
· consideration of using one of the following times for consistency:
- 24 hours, 7 days a week (at all
times alcohol ban);
- 7pm to 7am daily (evening
alcohol ban)
- 10pm to 7am daylight saving and
7pm to 7am outside daylight saving (night time alcohol ban)
- 7pm on the day before to 7am on
the day after any weekend, public holiday or Christmas/New Year holiday period
(weekend and holiday alcohol ban).
16. At the
conclusion of the hearings, the panel will deliberate and confirm its
recommendations to the local board in a decision report. The local board will
decide whether or not to accept the panel’s recommendations. The report is
scheduled to be presented to the local board at its September 2015 business
meeting.
Submissions
17. The submission form asked
submitters to provide evidence of alcohol-related crime or disorder in an
alcohol ban area, as well as the frequency and time the issues were being
experienced.
18. Fifty-one submitters gave
evidence for 32 alcohol ban areas. All evidence received has been analysed and
summarised for each alcohol ban area in Attachment B.
19. No further evidence was received
for 76 alcohol ban areas as shown in Attachment B.
20. Submissions received that are
general in nature or outside the scope of the proposal are summarised and
addressed in Attachment C. Attachment C also outlines any additional
information received which is not evidence specific to an alcohol ban area.
Attachments
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No.
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Title
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Page
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aView
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Submissions received
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11
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bView
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Summary of submissions on current alcohol ban areas
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239
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cView
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Summary of other matters raised in submissions
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261
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dView
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Decision-making criteria
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263
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Signatories
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Authors
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Janine Green, Policy Analyst
Kylie Hill, Policy Analyst
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Authorisers
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Paul Wilson, Team Leader Social
Policy and Bylaw
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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