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Orakei Local
Board Alcohol Ban Review Panel
18 August 2015
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Hearing and
deliberation report for the Orākei Local Board Alcohol Ban Review 2015
File No.: CP2015/16702
Purpose
1. To support the hearing panel
with the hearing and deliberation process for the local board alcohol ban
review.
Executive
Summary
2. The Orākei Local Board at
its business meeting on 7 May 2015 adopted for public engagement a proposal to
retain 21 alcohol bans and allow 127 to lapse unless further evidence was
supplied.
3. The public engagement period
opened on 19 June and closed 17 July 2015. A total of 25 submitters gave
evidence for 18 alcohol ban areas. Thirty-six submitters gave general feedback
not specific to a current alcohol ban area. A total of ten submitters indicated
they wish to be heard.
4. The Orākei Local Board
appointed a hearing panel including member Churton (as chair), and members
Davis, Parkinson, and Thomas 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 Orākei Local Board.
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Recommendation/s
That the hearing panel:
a) in relation to the proposed
Orākei 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
7. The Orākei Local Board at
its business meeting on 28 May 2015, adopted for public engagement (OR/2015/36)
a proposal to:
· retain
21 existing alcohol bans
· lapse
127 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 July local editions of Our Auckland.
10. Additional communication and
engagement activities were undertaken as follows:
· paid
advertisement in the East and Bays Courier
· through
social media, including Facebook and Neighbourly
· email
to local board stakeholders
11. All supporting documents were
made available on council’s website and through local libraries and service
centres.
12. A total of 25 submitters gave
evidence for 18 alcohol ban areas. Thirty-six submitters gave general feedback
not specific to a current alcohol ban area.
13. A total of ten submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and
deliberation process
14. The Orākei Local Board
appointed a hearing panel including member Churton (as chair), and members
Davis, Parkinson, and Thomas to receive, hear and deliberate on submissions and
other relevant information and make recommendations to the local board (resolution
number OR/2015/36).
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
· 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 its 3 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. Thirty-six
submitters gave evidence for 18 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 130 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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37
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dView
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Decision–making criteria
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39
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Signatories
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Author
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Daniel Pouwels, Policy Analyst Social Policy and
Bylaws
Kylie Hill, Policy Analyst
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Authoriser
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Paul Wilson, Team Leader Social Policy and Bylaw
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