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Māngere-Ōtāhuhu
Local Board
06 August 2015
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Hearing and
Deliberation report for the Māngere-Ōtāhuhu Local BoardAlcohol
Ban Review 2015
File No.: CP2015/15318
Purpose
1. To support the hearing panel with
the hearing and deliberation process for the local board alcohol ban review.
Executive
Summary
2. The
Māngere-Ōtāhuhu Local Board, at its business
meeting on 20 May 2015, adopted for public engagement a proposal to
retain 16 alcohol bans and allow 79 to lapse unless further
evidence was supplied. This includes 28 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 93
submitters gave evidence for 74 alcohol ban areas. Forty-five submitters gave
general feedback not specific to an alcohol ban area. A total of 29 submitters
indicated they wish to be heard.
4. The Māngere-Ōtāhuhu
Local Board appointed a hearing panel of members Christine
O’Brien (as chair), Lemauga Lydia Sosene and Nick Bakulich 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 Māngere-Ōtāhuhu
Local Board.
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Recommendation/s
That the Māngere-Ōtāhuhu
Local Board hearing panel:
a) in relation to the proposed Māngere-Ōtāhuhu 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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Comments
Proposal
1. The Māngere-Ōtāhuhu
Local Board at its business meeting on 20 May 2015, adopted
for public engagement (resolution number MO/2015/68) a proposal to:
· retain 16 existing alcohol bans
· lapse 79 existing alcohol bans unless
sufficient evidence is provided through the public submission process (including 28 bans on heavy traffic roads that were once attractive
to street racers, and are no longer required by the New Zealand Police).
2. The public engagement
period opened on 19 June and closed 17 July 2015.
3. 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 Facebook
advertisement
· in
the local board’s e-bulletins circulated to local board stakeholders.
4. Additional communication
and engagement activities were undertaken as follows:
· a stakeholder meeting was held on 29
April 2015
· a community fono was held on 18 June
2015
· individual stakeholder meetings were
held with Police, wardens, community groups, and business association staff
from 19 June to 17 July 2015
· Police
and other stakeholders undertook door knocking and outreach activities between
19 June and 17 July 2015.
5. All supporting documents were
made available on council’s website and through local libraries and service
centres.
6. A total of 137
submitters gave evidence for 74 alcohol ban areas. Forty-five submitters gave
general feedback not specific to an alcohol ban area.
7. A total of 29 submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and deliberation process
8. The Māngere-Ōtāhuhu
Local Board appointed a hearing panel of members Christine
O’Brien (as chair), Lemauga Lydia Sosene and Nick Bakulich to receive, hear and deliberate on submissions
and other relevant information and to make recommendations to the local board.
9. 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.
10. 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).
11. 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 September business meeting.
Submissions
12. 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.
13. Ninety-three
submitters gave evidence for 74 alcohol ban areas. All evidence received has
been analysed and summarised for each alcohol ban area in Attachment B.
14. No
further evidence was received for 20 current alcohol ban areas as shown in
Attachment B.
15. 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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401
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cView
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Summary of other matters raised in submissions
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407
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dView
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Decision-making criteria
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409
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Signatories
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Authors
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Kylie Hill, Policy Analyst
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Authorisers
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Paul Wilson, Team Leader Social
Policy and Bylaw
Carol McKenzie-Rex - Relationship Manager
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