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Franklin Local
Board
11 August 2015
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Hearings and
deliberation report for the Franklin Local Board alcohol ban review 2015
File No.: CP2015/15771
Purpose
1. To support
the hearing panel with the hearing and deliberation process for the local board
alcohol ban review.
Executive Summary
2. The
Franklin Local Board, at its business meeting on 26 May
2015, adopted for public engagement a proposal to retain four
alcohol bans and allow 63 to lapse unless further evidence was supplied.
3. The public engagement period opened on 19 June and closed 17 July
2015. A total of 32 submitters gave evidence for 14 alcohol ban areas.
Thirty-four submitters gave general feedback not specific to an alcohol ban
area. A total of five submitters indicated they wish to be heard.
4. The Franklin Local Board appointed a hearing panel of members Baker (as chair),
Naysmith, Bell, Cole, Crompton, Fulljames, Higgins, Kay and Murphy to receive,
hear and deliberate on submissions and other relevant information and make
recommendations to the local board.
5. The report summarises the matters raised in submissions and provides
staff comments where appropriate to support the panel during the hearing and
deliberation process.
6. The hearing panel will first hear from submitters who wish to be
heard in support of their submission, and then deliberate on the matters raised
in the submissions received. To conclude the process, the hearing panel will
adopt a decision report detailing the panel’s recommendations to the
Franklin Local Board.
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Recommendation/s
That the Franklin
Local Board alcohol ban hearings panel:
a) receive
the summary of submissions report;
b) receive
the submissions as set out in Attachment A;
c) hear the submitters who wish to be heard in support of their
submission.
Secretarial Note: Copies of
attachments to this report are available to members of the public on the
Auckland Council website.
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Comments
7. The
Franklin Local Board at its business meeting on 26 May 2015, adopted for public
engagement (resolution number FW/2015/76) a proposal to:
· retain four existing
alcohol bans
· lapse 63 existing
alcohol bans unless sufficient evidence is provided through the public
submission process .
8. The
public engagement period opened on 19 June and closed 17 July 2015.
9. The
proposed changes were notified as follows:
· a public
notice in the New Zealand Herald
· on the
Auckland Council website
· through
social media, including the local board’s Facebook page and Neighbourly
· in the
local board’s e-bulletins circulated to local board stakeholders.
· stakeholder meeting with local board
members.
10. All
supporting documents were made available on council’s website and through local
libraries and service centres.
11. A
total of 32 submitters gave evidence for 14 alcohol ban areas. Thirty-four
submitters gave general feedback not specific to an alcohol ban area.
12. A
total of five submitters indicated they wish to be heard. Copies of the
submissions received are attached to the agenda.
Hearing
and deliberation process
13. The
Franklin Local Board appointed a hearing panel of Members Baker (as chair),
Naysmith, Bell, Cole, Crompton, Fulljames, Higgins, Kay and Murphy to receive,
hear and deliberate on submissions and other relevant information and to make
recommendations to the local board (resolution number FR/2015/76).
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:
i) 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
ii) 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
iii) consideration of community-focused solutions as an alternative to or
to complement an alcohol ban
iv) 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
v) 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 boards will
decide whether or not to accept the panel’s recommendations. The report is
scheduled to be presented to the local board at the September business meeting.
Submissions
17. The
submission form asked submitters to provide evidence of alcohol-related crime
or disorder in an alcohol ban area, the frequency and time the issues were
being experienced.
18. Thirty-two
submitters gave evidence for 14 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 53 current 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.
Implementation
21. The Franklin
Local Board appointed the Board as a whole (all members) to hear submissions;
however the panel will need to make a recommendation to the September business
meeting for the Board to resolve and enable staff to implement.
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 (Under Separate Cover)
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bView
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Summary of submissions on current alcohol ban areas
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11
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cView
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Summary of other matters raised in submissions
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15
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dView
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Decision–making criteria
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17
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Signatories
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Authors
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Kylie Hill - Policy Analyst
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Authorisers
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Paul Wilson - Team Leader Bylaws
Teresa Turner - Relationship Manager
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