|
Manurewa Local
Board
14 August 2015
|
|
Hearing and
deliberation report for the Manurewa Local Board alcohol ban review 2015
File No.: CP2015/16351
Purpose
1. To support the hearing panel
with the hearing and deliberation process for the local board alcohol ban
review.
Executive
Summary
2. The Manurewa Local
Board at its business meeting on 28 May 2015 adopted for public
engagement a proposal to retain 36 alcohol bans and allow 73
to lapse unless further evidence was supplied.
3. The public
engagement period opened on 19 June and closed 17 July 2015. A total of 76
submitters gave evidence for 32 alcohol ban areas. Forty-six submitters gave
general feedback not specific to a current alcohol ban area. A total of 36
submitters indicated they wish to be heard.
4. The Manurewa Local
Board appointed a hearing panel of the whole board with local board chairperson
Angela Dalton as chair. The panel will 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 Manurewa Local Board.
|
Recommendation/s
That the Manurewa Local Board hearing panel:
a) in
relation to the proposed Manurewa Local Board Alcohol
Ban Review
i) receive this
summary of submissions report
ii) receive the
submissions
b) hear the
submitters who wish to be heard in support of their submission.
|
Comments
Background
7. The Manurewa Local
Board at its business meeting on 28 May 2015, adopted
for public engagement (MR/2015/72) a proposal to:
· retain 36 existing alcohol bans
· lapse 73 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
· in
the June and July local editions of Our Auckland.
10. Additional communication and
engagement activities were undertaken as follows:
· Paid advertisement in Manukau Matters
· posters in the libraries
· flyers with priority parks listed on the
back (delivered to neighbours)
· through
social media, including Facebook and Neighbourly
· email to local board stakeholders, including mana whenua
· notification to the Manurewa Youth Council.
11. All supporting documents were
made available on council’s website and through local libraries and service
centres.
12. A total of 76
submitters gave evidence for 32 alcohol ban areas. Forty-six submitters gave
general feedback not specific to a current alcohol ban area.
13. A total of 36 submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and deliberation process
14. The
Manurewa Local Board appointed a hearing panel of the whole
board with local board chairperson Angela Dalton as chair. The panel will
receive, hear and deliberate on submissions and other relevant information, and
make recommendations to the local board. (resolution
number MR/2015/72).
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 F. 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 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 10 September or 8 October
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. Seventy-six submitters
gave evidence for 32 alcohol ban areas. All evidence received has been
analysed and summarised for each alcohol ban area in Attachment D.
20. No further evidence was received
for 24 current alcohol ban areas as shown in Attachment D.
21. Submissions
received that are general in nature or outside the scope of the proposal are
summarised and addressed in Attachment E. Attachment E also outlines any
additional information received which is not evidence specific to an alcohol
ban area.
Attachments
|
No.
|
Title
|
Page
|
|
aView
|
Manurewa Local Board Alcohol Ban Review Submission 1 -
45 (Under Separate Cover)
|
|
|
bView
|
Manurewa Local Board Alcohol Ban Review Submissions 46
- 109 (Under Separate Cover)
|
|
|
cView
|
Manurewa Local Board Alcohol Ban Review Submissions
110 - 146 plus additional information submissions 1 - 3 (Under Separate
Cover)
|
|
|
dView
|
Summary of Manurewa Local Board Alcohol Ban Review
submissions on current alcohol ban areas
|
11
|
|
eView
|
Summary of other matters raised in Manurewa Local
Board Alcohol Ban Review submissions
|
25
|
|
fView
|
Manurewa Local Board Alcohol Ban Review
decision–making criteria
|
27
|
Signatories
|
Authors
|
Daniel Pouwels - Principal Policy Analyst
Kylie Hill - Policy Analyst
|
|
Authorisers
|
Paul Wilson - Team Leader Bylaws
Nina Siers - Relationship Manager
|
