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Puketāpapa
Local Board Alcohol Ban Review Panel
02 September
2015
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Deliberations
Report for the Puketāpapa Local Board alcohol ban review 2015
File No.: CP2015/17959
Purpose
1. To
support the Puketapapa Local Board Alcohol Ban Review Panel (the Panel) with
the hearing and deliberation process for the local board alcohol ban review.
Executive
Summary
2. The Puketāpapa Local Board at its business meeting on 28 May 2015 adopted
for public engagement a proposal to retain 25 alcohol bans and
allow 56 to lapse unless further evidence was supplied.
3. The public
engagement period opened on 19 June and closed 17 July 2015. A total of 43
submitters gave evidence for 66 alcohol ban areas. Forty-three submitters gave
general feedback not specific to a current alcohol ban area. A total of 14
submitters indicated they wish to be heard.
4. The Puketāpapa Local Board appointed a panel, consisting of
Member Wood (as chair), and Members Doig, Kumar and
Local Board Chairperson Fairey, to receive, hear and
deliberate on submissions and other relevant information and make
recommendations to the local board.
5. A report tabled
at its 12 August 2015 hearing summarised matters raised in submissions and
provided staff comments where appropriate to support the panel during the
hearing and deliberation process.
6. The Panel
listened to submitters who wished to be heard in support of their submission.
In response to a request from one submitter, the Panel decided to extend the
consultation period until 26 August 2015. Submissions received in the extended
consultation period will be tabled at the Deliberations meeting on 2 September
2015.
7. The Panel will
deliberate at a meeting on 2 September 2015 about matters raised in all
submissions received and summarised in Puketāpapa Local Board Deliberation Table: Alcohol Ban Review 2015
(Attachment A).
8. To conclude the
process, the Panel will adopt a decision report detailing it’s recommendations
to the Puketāpapa Local
Board.
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Recommendation/s
That the Puketāpapa Local
Board Alcohol Ban Review Panel:
a) in
relation to the proposed Puketāpapa Local Board Alcohol
Ban Review
i) receive
the Deliberation Table: Alcohol Ban Review 2015 (Attachment A)
ii) receive
the submissions submitted in the extended consultation period.
b) recommends to
the Puketāpapa Local
Board to retain, amend, and lapse existing alcohol bans as outlined in the
Deliberations Table (Attachment A).
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Background
9. The Puketāpapa Local Board at its business meeting on 28 May 2015, adopted for public engagement (PKTPP/2015/92) a proposal to:
· retain 25 existing alcohol bans
· lapse 56 existing alcohol bans unless sufficient evidence is
provided through the public submission process.
10. The public engagement period
opened on 19 June and closed 17 July 2015.
11. The proposed changes were
notified as follows:
· a
public notice in the New Zealand Herald
· on
the Auckland Council website
· in
the June and July local editions of Our Auckland.
12. Additional communication and
engagement activities were undertaken as follows:
· a
flyer drop to all households in the local board area
· through
social media, including Facebook, and Neighbourly
· email to local board stakeholders
· notification to the Puketāpapa Youth Caucus.
· a range of local face-to-face engagement opportunities led by the
Puketāpapa Local Board
13. All supporting documents were
made available on council’s website and through local libraries and service
centres.
14. A total of 43
submitters gave evidence for 66 alcohol ban areas. Forty-three submitters gave
general feedback not specific to a current alcohol ban area.
15. A total of 14 submitters
indicated they wish to be heard. Copies of the submissions received are
attached to the agenda. A total of six submitters spoke at the hearing.
Hearing and deliberation process
16. The
Puketāpapa Local Board appointed a panel, consisting of Member Wood (as chair), and Members Doig, Kumar and Local Board
Chairperson Fairey, to receive, hear and deliberate on
submissions and other relevant information and make recommendations to the
local board (resolution number PKTPP/2015/92).
17. 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.
18. In conducting hearings and making decisions, the Panel must consider
a range of statutory and bylaw requirements, as summarised in Attachment B. 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).
19. Following the
hearings on 12 August 2015, the Panel will deliberate on 2 September 2015 and
will 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 24 September
2015 business meeting.
Submissions
20. 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.
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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Puketāpapa Local Board - Deliberation Table:
Alcohol Ban Review 2015
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11
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bView
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Decision-making criteria
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23
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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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Kataraina Maki - GM - Community & Social Policy
Victoria Villaraza - Relationship Manager
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