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Whau Local
Board
12 August 2015
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Hearing and
deliberation report for the Whau Local Board alcohol ban review 2015
File No.: CP2015/15978
Purpose
1. To support
the hearing panel with the hearing and deliberation process for the local board
alcohol ban review.
Executive Summary
2. The
Whau Local Board, at its business meeting on 20 May
2015, adopted for public engagement a proposal to retain nine alcohol
bans and allow 57 to lapse unless further evidence was supplied.
3. The public engagement period opened on 19 June and closed 17 July
2015. A total of 17 submitters gave evidence for 10 alcohol ban areas.
Thirty-four submitters gave general feedback not specific to an alcohol ban
area. A total of eight submitters indicated they wish to be heard.
4. The Whau Local Board appointed a hearing panel of members Zhu (as chair), Battersby and Macdonald (with members Manukia-Schaumkel and Matafai as alternates) 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
Whau Local Board.
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Recommendation
That the Whau Local Board Alcohol Ban Review Hearing Panel:
a) Receives
the summary of submissions report.
b) Receives
the submissions.
c) Hears
the submitters who wish to be heard in support of their submission.
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Comments
Proposal
7. The Whau Local Board at its business meeting on 20 May 2015, adopted for
public engagement (resolution number WH/2015/63) a proposal to:
· retain nine existing
alcohol bans
· lapse 57 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
· through social media, including the
local board’s Facebook page and Neighbourly
· in the local board’s e-bulletins
circulated to local board stakeholders
· public meeting on 2 July 2015.
10. All supporting
documents were made available on council’s website and through local libraries
and service centres.
11. A total of 17 submitters gave evidence for 10 alcohol ban areas.
Thirty-four submitters gave general feedback not specific to an alcohol ban
area.
12. A total of
eight submitters indicated they wish to be heard. Copies of the submissions
received are attached to the agenda.
Hearing and deliberation process
13. The Whau Local Board appointed a hearing panel of members Zhu (as chair),
Battersby and Macdonald (with members Manukia-Schaumkel
and Matafai as alternates) to receive, hear and deliberate on submissions and other relevant
information and to make recommendations to the local board (resolution number WH/2015/63).
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
boards will decide whether or not to accept the panel’s recommendations. The
report is scheduled to be presented to the local board at the October business
meeting.
Submissions
17. 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.
18. Seventeen
submitters gave evidence for 10 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 56 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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Submissions 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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133
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cView
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Summary of other matters raised in submissions
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145
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dView
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Decision–making criteria
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147
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Signatories
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Author
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Kylie Hill - Policy Analyst
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Authorisers
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Paul Wilson - Team Leader Social
Policy and Bylaw
Glenn Boyd - Relationship Manager Henderson-Massey,
Waitakere Ranges, Whau
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