Hearing and
deliberation report for the Ōtara-Papatoetoe Local Board alcohol ban
review 2015
File No.: CP2015/15193
Purpose
1. To support
the hearing panel with the hearing
and deliberation process
for the local board
alcohol ban review.
Executive
Summary
2. The Ōtara-Papatoetoe Local Board,
at its business meeting
on 18 May 2015, adopted for
public engagement a proposal
to retain 15 alcohol bans and allow 78 alcohol
bans to lapse unless further evidence
was supplied. This includes 28 bans proposed
to lapse, which are 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 121
submitters gave evidence for 50 alcohol ban areas. One-hundred and thirty-two submitters gave general feedback not specific to an alcohol
ban area. A total of 25 submitters indicated they wish to be heard.
4. The Ōtara-Papatoetoe Local Board appointed a hearing panel of Members Efeso Collins
(as Chair), John McCracken
and Lotu Fuli to receive, hear and deliberate on submissions and other
relevant information and to 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 Ōtara-Papatoetoe
Local Board.
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Recommendation/s
That the Ōtara-Papatoetoe Local Board hearing
panel:
a) in relation to the proposed Ōtara-Papatoetoe
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 Ōtara-Papatoetoe Local Board,
at its business meeting
on 18 May 2015, adopted for
public engagement (resolution number
OP/2015/68) a proposal to:
· retain 15 existing alcohol
bans
· lapse 78 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).
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 local
edition of Our Auckland
· 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.
10. Additional communication and engagement activities were undertaken as follows:
· a story in the Manukau Courier,
which the local board chair spoke with a reporter about
· a stakeholder meeting
was held on 28 April 2015
· a community hui was held on 24 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.
11. All supporting documents were made available on council’s website
and through local libraries and service centres.
12. A total of 121 submitters gave evidence for 50 alcohol ban areas. One-hundred and thirty- two submitters gave general feedback not specific to an alcohol ban area.
13. A total of 25 submitters indicated they wish to be heard. Copies
of the submissions received
are attached to the agenda.
Hearing and deliberation process
14. The Ōtara-Papatoetoe Local Board appointed a hearing panel of Members Efeso Collins
(as Chair), John McCracken
and Lotu Fuli to receive, hear and deliberate on submissions and other
relevant information and to make recommendations
to the local board (resolution number OP/2015/68).
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:
· 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
o consideration to using one of the following times for consistency:
o 24 hours,
7 days a week (at all times alcohol ban);
o 7pm to 7am daily (evening alcohol
ban)
o 10pm to 7am daylight saving
and 7pm to 7am outside daylight saving
(night time alcohol ban)
o 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 21 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. One-hundred and twenty-one submitters gave evidence for 50 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 44 current alcohol ban areas as shown in Attachment B, including the 28 alcohol bans on heavy traffic roads once attractive to street racers.
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.
|
Title
|
Page
|
|
aView
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Submisions 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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575
|
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cView
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Summary of other matters raised in submissions
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585
|
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dView
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Decision–making criteria
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587
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Signatories
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Authors
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Rebecca Turner,
Policy Analyst
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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Attachment A: Otara-Papatoetoe Local Board - Submissions received
A
small
number of submission documents
gave evidence
relating to
more
than
one alcohol ban area. In these instances, information relating to
each different alcohol
ban area has been
separated out for the purposes of analysis
and allocated a separate
submission number. This means
that different submission
numbers
in Attachment B
may
refer to
one submission document - in these instances, this will be
reflected
in the headers
on the submissions.
|
Submission
number
|
Name
|
Organisation or Company
|
Name of alcohol ban area (as listed in local
board proposal)
|
Page No
|
|
|
|
|
1
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Farley and Latimer Reserve Children's
Playground
|
20-60
|
|
|
|
|
2
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Farley and Latimer Reserve Children's
Playground
|
20-60
|
|
|
|
|
3
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Hamill Reserve Children's Playground
|
20-60
|
|
|
|
|
4
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Lappington Reserve Children's Playground
|
20-60
|
|
|
|
|
5
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Pearl Baker Reserve Children's
Playground;
Pearl Baker Reserve Public
reserve car park
and public road joining
car park
|
20-60
|
|
|
|
|
6
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Pearl Baker Reserve Children's
Playground;
Pearl Baker Reserve Public
reserve car park
and public road joining
car park
|
20-60
|
|
|
|
|
7
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Ngati Otara Park Children's Playground;
Ngati Otara Park
Public reserve car park and public road joining
car park
|
20-60
|
|
|
|
|
8
|
Sergeant Lyon Dunn
|
New Zealand
Police,
Neighbourhood
Policing Team - East Tamaki
|
Ngati Otara Park Children's Playground;
Ngati Otara Park
Public reserve car park and public road joining
car park
|
20-60
|
|
|
|
|
9
|
Huhana
Hickey
MNZM
|
|
Middlemore Park
Children's
Playground;
Middlemore Park Public
reserve car park and
public road joining car park
|
61-62
|
|
|
|
|
|
Deborah Mowlem
|
Member of Sunnyside Tennis
Club
|
Sunnyside Domain Children's
Playground;
Sunnyside Domain Public
reserve car park and public road joining
car park
|
63-64
|
|
|
|
|
11
|
Sophie Tauhara
|
|
Middlemore Park
Children's
Playground;
Middlemore Park Public
reserve car park and
public road joining car park
|
65-66
|
|
|
|
|
12
|
Deborah Mowlem
|
Member of Sunnyside Tennis
Club
|
Hunters Corner
|
67-68
|
|
|
|
|
13
|
Vincent Salt
|
|
Sunnyside Domain Children's
Playground;
Sunnyside Domain Public
reserve car park and public road joining
car park
|
69-70
|
|
|
|
|
14
|
Vincent Salt
|
|
Sunnyside Domain Children's
Playground;
Sunnyside Domain Public
reserve car park and public road joining
car park
|
71-72
|
|
|
|
|
15
|
Vincent Salt
|
|
Sunnyside Domain Children's
Playground;
Sunnyside Domain Public
reserve car park and public road joining
car park
|
73-74
|
|
|
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