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Waitematā
Local Board Hearings Committee
05 August 2015
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Hearing and
Deliberation Report for the Waitemata Local Board Alcohol Ban Review 2015
File No.: CP2015/15435
Purpose
1. To support the Waitemata Local Board Hearings Committee
with the hearing and deliberation process for the local board alcohol ban
review.
Executive Summary
2. The
Waitematā Local Board at its business meeting on 12
May 2015 adopted for public engagement a proposal to retain 46
alcohol bans and allow 53 to lapse unless further evidence was supplied.
3. The public engagement period opened on 19 June 2015 and
closed 17 July 2015. A total of nine submitters gave evidence for three alcohol
ban areas. Thirty-three submitters gave general feedback not specific to an
alcohol ban area. A total of four submitters indicated they wish to be heard.
4. The Waitematā Local
Board appointed a hearing panel, the Waitematā Local Board Hearings Committee, with the
addition of the Board Chair, Shale Chambers 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 Waitemata Local Board Hearings Committee 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 Waitematā Local
Board.
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Recommendations
That the Waitemata
Local Board Hearings Committee:
a) In
relation to the proposed Waitematā Local Board Alcohol
Ban Review
i) receive this
summary of submissions report;
ii) receive the
submissions; and
iii) hear the
submitters who wish to be heard in support of their submission.
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Comments
Proposal
7. The Waitematā
Local Board at its business meeting on 12 May 2015, adopted for public engagement (WTM/2015/15) a proposal to:
· retain 46 existing alcohol bans; and
· lapse 53 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
Facebook and Neighbourly; and
· local board ebulletin
(June and July 2015 editions).
10. Additional communication and
engagement activities were undertaken as follows:
· in paid advertisements in the Ponsonby News and Central newspapers;
· email to local board
stakeholders; and
· notification to the
Waitematā Youth Collective.
11. All supporting
documents were made available on council’s website and through local libraries
and service centres.
12. A
total of nine submitters gave evidence for three alcohol ban areas.
Thirty-three submitters gave general feedback not specific to an alcohol ban
area.
13. A total of
four submitters indicated they wish to be heard. Copies of the submissions
received are attached to the agenda.
Hearing and deliberation process
14. The Waitematā Local
Board appointed a hearing panel, the Waitematā Local Board Hearings Committee, with the
addition of the Board Chair, member Shale Chambers to
receive, hear and deliberate on submissions and other relevant information and
make recommendations to the local board (resolution number WTM/2015/15).
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; and
· 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); and
§ 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 8 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. Nine submitters gave evidence for three 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 96 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
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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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81
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cView
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Summary of Other Matters Raised in Submissions
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97
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dView
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Decision-making Criteria
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99
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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
Judith Webster - Relationship Manager
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