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Waiheke Local
Board
14 August 2015
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Hearing and
deliberation report for the Waiheke Local Board alcohol ban review 2015
File No.: CP2015/15936
Purpose
1. To support the hearing panel with the hearing and deliberation process
for the local board alcohol ban review.
Executive
Summary
2. The Waiheke Local
Board at its business meeting on 28 May 2015 adopted for public
engagement a proposal to retain 19 alcohol bans and allow 130
to lapse unless further evidence was supplied.
3. The public
engagement period opened on 19 June and closed 17 July 2015. A total of two
submitters gave evidence for two alcohol ban areas. Thirty-three submitters
gave general feedback not specific to an alcohol ban area. A total of two
submitters indicated they wish to be heard.
4. The Waiheke Local
Board appointed a hearing panel, member Treadwell (as
chair), Meeuwsen and Chair Person Walden 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 Waiheke Local Board.
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Recommendation/s
That the Hearing Panel:
a) in
relation to the proposed Waiheke 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 Waiheke Local
Board at its business meeting on 12 May 2015, adopted
for public engagement (WHK/2015/106) a proposal to:
· retain 19 existing alcohol bans
· lapse 130 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 edition of Our Auckland
10. Additional communication and
engagement activities were undertaken as follows:
· through
social media, including Facebook and Neighbourly
· paid
advertisements in both of Waiheke’s local newspapers
· local board ebulletin (June and July editions)
· email to local board stakeholders
· notification to the Waiheke Youth Voice
11. All supporting documents were
made available on council’s website and through local libraries and service
centres.
12. A total of two
submitters gave evidence for two alcohol ban areas. Thirty-three submitters
gave general feedback not specific to an alcohol ban area.
13. A total of two submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda.
Hearing and deliberation process
14. The
Waiheke Local Board appointed a hearing panel, member Treadwell (as chair), Meeuwsen and Chair Person Walden to receive, hear and deliberate on submissions and other relevant information
and make recommendations to the local board (resolution number WHK/2015/106).
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 the 10 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. Two submitters
gave evidence for two 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 147 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 Recieved
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11
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bView
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Summary of submissions on current alcohol bans
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59
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cView
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Summary of other matters raised in submissions
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71
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dView
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Decision making criteria
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73
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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
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