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 Acknowledgements
At the close of the agenda no requests for acknowledgements had been
received.
5 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.”
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Henderson-Massey
Local Board
04 August 2015
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Hearing and
deliberation report for the Henderson-Massey Local Board alcohol ban review 2015
File No.: CP2015/15345
Purpose
1. To support
the hearing panel with the hearing and deliberation process for the local board
alcohol ban review.
Executive Summary
2. The
Henderson-Massey Local Board at its business meeting on
7 May 2015 adopted for public engagement a proposal to retain 19 alcohol bans and allow six to lapse unless further evidence was
supplied.
3. The public engagement period opened on 19 June and closed 17 July
2015. A total of 11 submitters gave evidence for five alcohol ban areas. Thirty
three submitters gave general feedback not specific to an alcohol ban area. A
total of four submitters indicated they wish to be heard.
4. The Henderson-Massey Local Board appointed a
hearing panel to receive, hear and deliberate on submissions and other relevant
information and to make recommendations to the local board (resolution number HM/2015/61).
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
Henderson-Massey Local Board.
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Recommendation/s
That the Henderson-Massey
Local Board alcohol ban review hearing panel:
a) in relation to the proposed Henderson-Massey
Local Board Alcohol Ban Review
i) receive
this summary of submissions report
ii) receive
the submissions
b) Hears the submitters who wish to be heard in support of their
submission.
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Background
Proposal
7. The
Henderson-Massey Local Board, at its business meeting on 7 May
2015, adopted for public engagement (resolution number HM/2015/61) a proposal to:
· retain 19 existing
alcohol bans
· lapse six 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
· in the June local edition of Our
Auckland
· to local board stakeholders.
10. All supporting
documents were made available on council’s website and through local libraries
and service centres.
11. A total of 51
submissions were received, including 32 submissions providing
general feedback.
12. A total of four
submitters indicated they wish to be heard. Copies of the submissions received
are attached to the agenda.
Hearing and deliberation process
13. The Henderson-Massey
Local Board appointed a hearing panel of members Shane
Henderson (as Chair), Tracy Kirkley and Will Flavell (as an alternative) to receive, hear and
deliberate on submissions and other relevant information and make
recommendations to the local board (resolution number HM/2015/61).
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
to 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 its 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. Nineteen submissions
were received for five 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 20 current alcohol ban areas as shown in Attachment B.
20. Thirty two
submissions received were general in nature or outside the scope of the
proposal and 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.
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Author/s
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Kylie
Hill Policy Analyst
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Authoriser
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Paul
Wilson Team
Leader Social Policy and Bylaw
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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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Attachment A - submissions COMBINED
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11
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bView
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Hearing analysis Attachment B
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113
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cView
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Hearings Attachment C
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117
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dView
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Decision–making criteria Attachment D
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119
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Signatories
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Authors
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Busola Martins - Local Board Democracy Advisor
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Authorisers
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Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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