I hereby give notice that an ordinary meeting of the Maungakiekie-Tāmaki Local Board Alcohol Ban Hearings Panel will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 11 August 2015 and 25 August (if required) 3:30pm Maungakiekie-Tāmaki Local Board Office |
Date: Time: Meeting Room: Venue:
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Tuesday, 18 August 2015 3:30pm Oranga
Community Centre |
Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Simon Randall |
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Deputy Chairperson |
Chris Makoare |
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Members |
Josephine Bartley |
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Brett Clark |
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Bridget Graham, QSM |
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Obed Unasa |
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Alan Verrall |
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(Quorum 4 members)
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Philippa Hillman Democracy Advisor, Maungakiekie-Tāmaki Local Board
4 August 2015
Contact Telephone: (09) 570 3840 Email: phillippa.hillman@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel 11th and 18th August 2015 |
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1 Apologies 5
2 Declaration of Interest 5
3 Hearing and deliberation report for the Maungakiekie-Tāmaki Local Board alcohol ban review 2015 7
1 Apologies
At the close of the agenda no apologies had been received.
At the close of the agenda no requests for leave of absence had been received.
2 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 an elected representative and any private or other external interest they might have.
Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel 11th and 18th August 2015 |
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Hearing and deliberation report for the Maungakiekie-Tāmaki Local Board alcohol ban review 2015
File No.: CP2015/15792
Purpose
1. To support the hearing panel with the hearing and deliberation process for the local board alcohol ban review.
Executive Summary
2. The Maungakiekie-Tāmaki Local Board at its business meeting on 12 May 2015 adopted for public engagement a proposal to retain 41 alcohol bans and allow 85 to lapse unless further evidence was supplied.
3. The public engagement period opened on 19 June and closed 17 July 2015. A total of 53 submitters gave evidence for 42 alcohol ban areas. 35 submitters gave general feedback not specific to an alcohol ban area. A total of 18 submitters indicated they wish to be heard.
4. The Maungakiekie-Tāmaki Local Board appointed a hearing panel of the whole board 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 Maungakiekie-Tāmaki Local Board.
That the Maungakiekie-Tāmaki Local Board Alcohol Ban Hearing Panel: a) in relation to the proposed Maungakiekie-Tāmaki 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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Background
Proposal
7. The Maungakiekie-Tāmaki Local Board at its business meeting on 12 May 2015, adopted for public engagement (MT/2015/58) a proposal to:
· retain 41 existing alcohol bans
· lapse 85 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 Facebook and Neighbourly
· local board e-bulletin (June and July 2015 editions).
10. Additional communication and engagement activities were undertaken as follows:
· through social media and print media
· a personalised letter to all residents in the Maungakiekie-Tāmaki Local Board area advising them of the affected parks in their local neighbourhoods.
· four public workshops held throughout the community.
11. All supporting documents were made available on council’s website and through local libraries and service centres.
12. A total of 53 submitters gave evidence for 42 alcohol ban areas. 35 submitters gave general feedback not specific to an existing alcohol ban area.
13. A total of 18 submitters indicated they wish to be heard. Copies of the submissions received are attached to the agenda.
Hearing and deliberation process
14. The Maungakiekie-Tāmaki Local Board appointed a hearing panel of the whole board to receive, hear and deliberate on submissions and other relevant information and make recommendations to the local board (resolution number MT/2015/58).
15. 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.
16. 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:
a) 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
b) 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
c) consideration of community-focused solutions as an alternative to or to complement an alcohol ban
d) 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
e) 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).
17. 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 the 17 September 2015 business meeting.
Submissions
18. 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.
19. Fifty-three submitters gave evidence for 34 alcohol ban areas. All evidence received has been analysed and summarised for each alcohol ban area in Attachment B.
20. No further evidence was received for 92 current alcohol ban areas as shown in Attachment B.
21. 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 (Under Separate Cover) |
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bView |
Summary of submissions on current alcohol ban areas |
11 |
cView |
Summary of other matters raised in submissions |
19 |
dView |
Decision making criteria |
21 |
Signatories
Authors |
Daniel Pouwels - Policy Analyst Social Policy and Bylaws Kylie Hill - Policy Analyst Social Policy and Bylaws |
Authorisers |
Paul Wilson - Team Leader Social Policy and Bylaw Victoria Villaraza - Relationship Manager |