I hereby give notice that an ordinary meeting of the Alochol Ban Review Hearings Panel - Howick Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 6 August 2015 9.30am Howick Local
Board Meeting Room |
Alcohol Ban Review Hearings Panel - Howick Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Adele White |
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Members |
David Collings |
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John Spiller |
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(Quorum 1 members)
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Lynda Pearson Local Board Democracy Advisor
31 July 2015
Contact Telephone: (09) 572 0151 Email: lynda.pearson@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Howick Local Board 06 August 2015 |
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1 Welcome 5
2 Apologies 5
3 Hearing and deliberation report for the Howick Local Board alcohol ban review 2015 7
Howick Local Board 06 August 2015 |
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Hearing and deliberation report for the Howick Local Board alcohol ban review 2015
File No.: CP2015/15576
Purpose
1. To support the hearing panel with the hearing and deliberation process for the local board alcohol ban review.
Executive Summary
2. The Howick Local Board, at its business meeting on 11 May 2015, adopted for public engagement a proposal to retain 14 alcohol bans and allow 180 to lapse unless further evidence was supplied. This includes 89 bans proposed to lapse on heavy traffic roads once attractive to street racers.
3. The public engagement period opened on 19 June and closed 17 July 2015. A total of 25 submitters gave evidence for 85 alcohol ban areas. One-hundred and thirty-two submitters gave general feedback not specific to an alcohol ban area. A total of nine submitters indicated they wish to be heard.
4. The Howick Local Board appointed a hearing panel of members White (as chair), Wichman, Spiller and Collings 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 Howick Local Board.
That the Howick Local Board hearing panel in relation to the proposed Howick Local Board Alcohol Ban Review: a) receives this summary of submissions report b) receives the submissions c) hears the submitters who wish to be heard in support of their submission.
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Background
Proposal
7. The Howick Local Board at its business meeting on 11 May 2015, adopted for public engagement (resolution number HW/2015/64) a proposal to:
· retain 14 existing alcohol bans
· lapse 180 existing alcohol bans unless sufficient evidence is provided through the public submission process (including 89 bans on heavy traffic roads that were once attractive to street racers, and are no longer required by the New Zealand Police).
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 a paid Facebook post
· media advertisements
· in the local board’s e-bulletins circulated 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 25 submitters gave evidence for 85 alcohol ban areas. One hundred and thirty-two 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 Howick Local Board appointed a hearing panel of members White (as chair), Wichman, Spiller and Collings to receive, hear and deliberate on submissions and other relevant information and to make recommendations to the local board (resolution number HW/2015/64).
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 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 October 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. Twenty-five submitters gave evidence for 85 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 109 current alcohol ban areas as shown in Attachment B.
14. 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.
No. |
Title |
Page |
aView |
Submissions received |
11 |
bView |
Summary of Submissions on current alcohol ban areas |
267 |
cView |
Summary of other matters raised in submissions |
273 |
dView |
Decision-making criteria |
275 |
Signatories
Author/s |
Kylie Hill, Policy Analyst |
Authoriser |
Paul Wilson, Team Leader Social Policy and Bylaw |