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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.
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Recommendation/s
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.
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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19
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dView
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Decision making criteria
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21
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Signatories
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Authors
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Daniel Pouwels - Policy Analyst Social Policy and
Bylaws
Kylie Hill - Policy Analyst Social Policy and Bylaws
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Authorisers
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Paul Wilson - Team Leader Social
Policy and Bylaw
Victoria Villaraza - Relationship Manager
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