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Papakura Local
Board
18 August 2015
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Hearing and
Deliberation Report for the Papakura Local Board Alcohol Ban Review 2015
File No.: CP2015/16640
Purpose
1. To support
the hearing panel with the hearing and deliberation process for the local board
alcohol ban review.
Executive
Summary
2. The Papakura
Local Board, at its business meeting on 20 May 2015,
adopted a proposal to retain nine alcohol bans and allow 121
to lapse unless further evidence was supplied for public engagement.
3. The public engagement period opened on 19 June and closed 17 July
2015. A total of 11 submitters gave evidence for 13 alcohol ban areas.
Thirty-four submitters gave general feedback not specific to an alcohol ban
area. Five submitters indicated they wish to be heard.
4. The Papakura Local Board
appointed a hearing panel of Member Purdy (as chair) and the five remaining
Board Members 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 Papakura
Local Board.
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Recommendation/s
That the hearing panel:
a) in relation to the proposed
Papakura 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 Papakura
Local Board, at its business meeting on 20 May 2015, adopted
for public engagement (resolution number PPK/2015/70) a
proposal to:
· retain nine existing
alcohol bans
· lapse 121 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 local editions of Our
Auckland
· through a specially tailored notice and
submission forms delivered to neighbours of parks of concern
· Facebook and Neighbourly posts over the
consultation period, including a paid post in the last week of the consultation
period
· two press releases from the board
· a stakeholders meeting, including Maori
Wardens and Crimewatch
· in an e-bulletin to local board stakeholders
and to the board’s community database
· local board members shared information
with community groups.
10. All
supporting documents were made available on council’s website and through local
libraries and service centres.
11. A total of 11 submitters gave evidence for 13 alcohol ban areas.
Thirty-four submitters gave general feedback not specific to an alcohol ban
area.
12. A total of
five submitters indicated they wish to be heard. Copies of the submissions
received are attached to the agenda.
Hearing and Deliberation Process
13. The Papakura Local Board
appointed a hearing panel of Member Purdy (as chair) and the five remaining
Board Members to receive, hear and deliberate on submissions and other relevant
information and to make recommendations to the local board (resolution number PPK/2015/70).
14. 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.
15. 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).
16. 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 October 2015
business meeting.
Submissions
17. The submission form asked submitters to provide
evidence of alcohol-related crime or disorder in an alcohol ban area, as well as
the frequency and time the issues were being experienced.
18. Eleven submitters gave
evidence for 13 alcohol ban areas. All
evidence received has been analysed and summarised for each alcohol ban area in
Attachment B.
19. No further evidence was received for 117 current
alcohol ban areas as shown in Attachment B.
20. 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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Papakura Local Board Attachment_Submissions
Received_18 August 2015
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11
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bView
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Papakura Local Board Attachment_Summary of Submissions
Received_18 August 2015
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115
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cView
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Papakura Local Board Attachment_18 August 2015_Summary
of Other Matters Raised in Submissions
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123
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dView
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Papakura Local Board Attachment_18 August
2015_Decision-maklng Requirements_18 August 2015
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125
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Signatories
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Authors
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Daniel Pouwels – Principal Policy Analyst
Kylie Hill – Policy Analyst
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Authorisers
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Paul Wilson – Team Leader Bylaws
Nina Siers – Relationship Manager
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