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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.
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Recommendation/s
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.
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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267
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cView
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Summary of other matters raised in submissions
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273
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dView
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Decision-making criteria
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275
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Signatories
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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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