Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

30 October 2018

Hearing of submissions on Auckland Council’s proposal to amend the Reserve Management Plan for Devonport Domain

File No.: CP2018/19990

Te take mō te pūrongo / Purpose of the report

1. To provide contextual information and a summary of the submissions received in relation to Auckland Council’s proposal to amend the Reserve Management Plan (RMP) for Devonport Domain under Section 41(9) of the Reserves Act 1977.

Whakarāpopototanga matua / Executive summary

2. The Devonport Domain Reserve Management Plan approved in 1993 restricts liquor sale hours for clubs located on the Domain. The Domain is a classified recreation reserve for open space and active recreation under the Reserves Act 1977.

3. In early 2018, North Shore Rugby Club Incorporated applied for a special liquor licence for an event outside the hours prescribed for the club in the RMP and was therefore unable to gain approval. The deed of lease is informed by the RMP and in this case is silent. Therefore, the RMP is the primary reference was deciding whether permission should be given.

4. Options for the club to have a special licence for the sale and consumption of liquor outside the hours prescribed by the RMP were explored with the council’s legal team. Their recommendation is to insert a clause into the RMP to allow all clubs located on it to apply for a limited number of special liquor licences (four each) each year. These could be applied for in connection to fundraising and other special events where alcohol is supplied in addition to the current licensed hours in the club licence.

5. At its business meeting of 15 May 2018, the Devonport-Takapuna Local Board:

· approved the public notification of Auckland Council’s intention to amend the Devonport Domain Reserve Management Plan subject to conditions;

· approved, if required, the appointment of a hearing panel of local board members to consider submissions or objections received, and for the panel to reach a decision.

6. A public notice was placed in the North Shore Times on 22 May 2018 inviting submissions with a closing date of 22 June 2018. Seven submissions were received. All supported the clubs having the ability to apply for special licences but felt that four was too few to meet the clubs’ needs and that it should be higher. One submitter wished to be heard in person, North Shore Cricket Club Incorporated.

7. This report summarises the submissions information and provides background information and the policy framework to assist the hearing panel in its review and consideration of the submissions received.

8. The options for the hearing panel to consider are:

· proceed with the amendment of the RMP as publicly notified for four special licences, by inserting a new clause in the Devonport Domain Reserve Management Plan;

· decline the proposed amendment for four special licences and notify a new proposal for an increased number of special licence opportunities each year.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board Hearings Panel:

a) receive and consider the written submissions in respect of the proposal to amend the Devonport Domain Reserve Management Plan.

b) receive and consider the presentation from North Shore Cricket Club Incorporated in respect of the proposal to amend the Devonport Domain Reserve Management Plan

c) thank all submitters for their attendance and presentations.

Horopaki / Context

Devonport Domain

9. Devonport Domain is 7.8 hectares (more or less) in area and includes the Vauxhall Sportfields. The Domain extends northwards from King Edward Parade at Torpedo Bay to Vauxhall Road (Attachment A).

10. The Domain comprises three titles, Allotments 36, 37 and 39, Section 2, Parish of Takapuna. The Domain is held by the Crown through the Department of Conservation as a classified recreation reserve subject to the Reserves Act 1977, and is vested in the council, in trust for recreation purposes.

11. The Devonport Domain RMP approved in 1993 describes the Domain as an intensely used active recreational facility serving a wide local community and has a long history as the home ground to several eminent sports clubs. It provides that this use will continue to be accommodated in the future, through maintenance of playing surfaces, the allocation of the fields and renewing of leases. The RMP also notes that because of the close proximity to surrounding houses, activities on the Devonport Domain have the potential to impact on the residential area around it.

12. There are four community organisations that hold community leases for premises on the Devonport Domain: North Shore Rugby Football Club Incorporated, Masonic Cricket Club, North Shore Cricket Club Incorporated and Devonport Bowling Club.

The Statutory Framework

13. The Reserves Act 1977 empowers administrating bodies to decide the intended use of reserves within the reserve classification and to grant leases and approve changes to RMPs for those purposes guided by public consultation and in compliance with the prescribed legislation and processes.

14. Recreation reserves are for the primary purpose of providing areas for recreation and sporting activities, the physical welfare and enjoyment of the public with an emphasis on the retention of open spaces and on outdoor recreational activities (Section 17(1) Reserves Act 1977).

15. The secondary purposes of the administration of recreation reserves are to:

· allow the public freedom of entry and access to the land subject to such conditions as are considered necessary for the protection and well-being of the reserve and for the protection and control of the public using it;

· conserve those qualities which contribute to the pleasantness, harmony and cohesion of the natural environment and to the better use and enjoyment of the reserve.

16. RMPs provide a framework and guidance for future use, development and maintenance of reserves. The Reserves Act 1977 requires administering bodies to keep its RMPs under continuous review (Section 41(4)).

The Auckland Unitary Plan

17. Devonport Domain is zoned Open Space – Sport and Active Recreation Zone (Attachment B) in the Auckland Unitary Plan (Chapter H7.6) which states:

· this zone applies to public open spaces used for indoor and outdoor organised sports and active recreation activities. This includes facilities such as sports fields, hardstand areas, hardcourt areas and greens.

· these spaces often include the provision of buildings and structures such as grandstands, sport and community clubrooms and toilets and changing facilities associated with these uses.

· commercial activities accessory to the primary function of the public open space may be undertaken in appropriate locations. These activities generally provide economic benefit as well as informal benefits such as passive surveillance.

18. Objectives H7.6.2. of the Sport and Active Recreation Zone include the following:

(1) Indoor and outdoor sport and active recreation opportunities are provided for efficiently, while avoiding or mitigating any significant adverse effects on nearby residents, communities and the surrounding areas.

(2) Activities accessory to active sport and recreation activities are provided for in appropriate locations and enhance the use and enjoyment of areas for active sport and recreation.

(3) Larger scale, or clusters of land-based marine-related recreation facilities, are recognised and provided for while maintaining and enhancing public access to and along the coast.

Alcohol Sale and Consumption

19. In 2015, changes to the processing of liquor licensing applications now require applicants to request the consent of landowners prior to making an application. The council is the landowner for the Domain. Clubs can hold a club licence and can also apply for special licences for events but only within the hours stated in the RMP. The difference between the two types can be explained as follows (Table one):

Table one: Comparison of liquor license types

Licence category

Description

Club licences

· A club licence is for the sale supply and consumption of alcohol to, club members, their guests, members of clubs who have a reciprocal agreement; and guests of reciprocal members.

· Clubs are required to apply for an alcohol licensing building and planning certificate when applying for the club licence.

Special licences

Special licences may be approved for:

· one-off events where alcohol will be for sale or the event is ticketed, but open to the public.

· family events or where the host is providing alcohol free of charge or it is a BYO event.

· BYO is only permitted if the Club’s bar is not open and operating (s62 Sale and Supply of Alcohol Act 2012) and the event is closed to the public.

· Clubs can apply for a special licence each time an event requiring one is held at their clubrooms.

· As a general rule to manage activity, there should be one club member to every 10 members of the public attending.

20. Table two explains special licence considerations under different circumstances. When assessing applications for approval, events must also be ancillary to the recreational function of the domain. In giving consent, the council may impose such conditions as it may in its discretion think appropriate.

Table two: Special licence considerations.

Scenario	Special licence required?	Conditions to be met
A club wants to serve alcohol within their licensed hours.	No	It must fall within the club’s licensed hours and meet the terms of their club licence.
A club wants to hold an alcohol inclusive event that is free or involves selling tickets to the general public. The event may or may not be connected to a match or training.	Yes	It must fall within the club’s licensed hours etc. Consent to apply for a special licence can be given as long as the activity is permitted within the lease agreement and RMP.
A club wants to hold an alcohol inclusive event for members only (free or ticketed).	No	It must fall within the club’s licensed hours etc.
An independent party wants to hire the clubrooms for a function (e.g. a wedding, birthday party).	Yes	It must fall within the club’s licensed hours etc. The Club must apply for a special licence as they manage the sale of the alcohol. No BYOs are permitted for Clubs (if the bar is open and operating). This also includes alcoholic beverages for toasts etc, unless bought through the Club.

21. In early 2018, North Shore Rugby Club Incorporated applied for a special licence for an event and it was unable to gain approval as the proposed time was outside the hours prescribed in the RMP. The deed of lease is informed by the RMP and in this case, the lease did not describe the hours of liquor sales, so direction is provided by the RMP.

22. The operative RMP includes management objectives and policies relating to liquor licensing. Policies 5.9.1 and 5.9.2 considered at the time of preparation of the RMP that liquor licensing hours for the clubs were appropriate with no need to extend them. The RMP is now 25 years old and the club has expanded its recreational offer to members, including Sunday games.

23. Compliance - North West area has confirmed there have been no issues with the club breaching its trading hours.

Short-term options to review the licensed hours

24. In the short term, the advice has been to insert a clause into the RMP so that clubs may have a limited number of special licences for the sale and consumption of liquor each year outside the hours prescribed in the RMP. This would allow all clubs located at the domain to have a limited number of special licences each year (up to four events per year for each club) that could cover fundraising and other special purpose or generally unexpected events such as funerals.

25. Staff considered a suitable number for special licences during preparation of the report to the 15 May 2018 Devonport-Takapuna local board business meeting. The solution recommended is designed to be a temporary measure to allow some flexibility until a full review of the RMP can be undertaken. The number recommended in May is not considered to be a significant change or increase to the provisions of the RMP.

Tātaritanga me ngā tohutohu / Analysis and advice

26. At its business meeting on 15 May 2018 the Devonport-Takapuna Local Board passed a resolution (DT/2018/66) approving the public notification of council’s intention to amend the RMP for Devonport Domain (Attachment C). A public notice was placed in the North Shore Times on 22 May 2018 (Attachment D). The submission period closed on 22 June 2018. This produced seven submissions in support of the proposal to allow extended liquor sale hours. They are summarised in Table three and included in full as Attachment E. All objected to the number proposed on the basis that limiting the number of special licences to four per annum per club was restrictive and that a greater number should be provided to each club. One submitter requested to be heard.

27. The clubs consider that the hours in the club licence prescribed in the RMP limit activities that support growth and development, including their ability to fundraise.

28. The club licence hours can be considered when the RMP is reviewed. This RMP review could commence in financial year 2019/2020 at the earliest.

Table three: Summary of submissions to the proposal to change the Devonport Domain Management Plan to allow extended liquor sale hours.

Name	Submission synopsis	Supports change	Support more special licence opportunities	Wishes to be heard – Yes/No
North Shore Rugby Club – Chairman submission	Support proposal – 4 special licence opportunities too few. Social events are an important part of fundraising for the club	Yes	Yes	No
North Shore Rugby Club – Club Captain submission	Support proposal – 4 special licence opportunities too few. Eight might cover the events.	Yes	Yes	No
J Pettifier	Rugby Club committee member. Should have the ability to pool the 16 proposed specials. Have been granted special licences outside the scope of the management plan in the past	Yes	Yes	No
D Hale	Rugby Club Patron. Clubs should have the ability to pool the 16 proposed specials.	Yes	Yes	No
B Westgate	Rugby Club Junior Chairman. Four special licences per annum too few would like to see eight	Yes	Yes	No
North Shore Cricket Club – Club Manager	No evidence that 4 special licences are appropriate – should be 10. Use for fundraising	Yes	Yes	Yes
J Wyatt and C Edmeades	Would support more than four special licences – makes good use of a valuable community asset.	Yes	Yes	No

29. The options for the hearing panel are:

· proceed with the amendment of the RMP as publicly notified for four special licences, by inserting a new clause in the Devonport Domain Reserve Management Plan;

· decline the proposed amendment for four special licences and notify a new proposal for an increased number of special licence opportunities each year.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

30. The Devonport-Takapuna Local Board is the allocated authority to support the amendment of the RMP.

31. Council staff sought input at a local board workshop on 3 April 2018 regarding North Shore Rugby Club’s request and the RMP. There was support to publicly notify a proposal to amend the RMP.

32. Under the Local Government (Auckland Council) Act 2009 local boards have been allocated decision making for non-regulatory matters including decisions relating to local, recreation, sport and community facilities. The Devonport-Takapuna Local Board therefore as the administrating body has full decision-making authority in respect of the proposal at Devonport Domain subject to all legislative and policy requirements being met and will be informed by the recommendations of the hearing panel.

Tauākī whakaaweawe Māori / Māori impact statement

33. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan 2050, the Long-term Plan 2018-2028, the Unitary Plan and Local Board Plans.

34. Ensuring community facilities are well maintained and accessible for all members of the community, will be of benefit to all, including Māori.

Ngā ritenga ā-pūtea / Financial implications

35. The cost of public notification of council’s intention to amend the RMP was covered by Auckland Council’s Community Facilities Department.

Ngā raru tūpono / Risks

36. The purpose of special licences is to accommodate unforeseen or activities related to fundraising that cannot be undertaken within the approved club licence hours.

37. It is important that this is considered in light of what is reasonable as an ancillary activity to the primary purpose of the reserve classification for recreation.

38. If the amendment is not granted, the clubs still have the ability to apply for special licences that are within the timeframes within the RMP.

39. A full review of the RMP would be required to consider significantly increasing opportunities for special licences or removing limitations on liquor trading hours. This RMP review could commence in financial year 2019/2020. Waiting until then to make a decision on the current proposal would result in a large fundraiser event that one club relies on for revenue being unable to proceed.

40. If the local board wishes to provide a greater number of special licence opportunities, this will have to be re-notified. This would delay the larger fundraiser events that the clubs rely on for revenue.

41. To re-report and advertise again is time consuming and introduces uncertainty as the reaction of the community to a greater number of licence opportunities is unknown.

Ngā koringa ā-muri / Next steps

42. Following the hearing, the panel will deliberate in public and report their views and recommendations to the board as to whether to proceed with the change to allow clubs to apply for four special licences per annum or an alternative course of action. Council staff will prepare the report to the local board on the panel’s decision.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Site plan of Devonport Domain and Vauxhall Sportsfields, 28 Vauxhall Road Devonport 0624	17
b ⇩	Unitary Plan zoning for Devonport Domain and Vauxhall Sportsfields, 28 Vauxhall Road Devonport 0624	19
c ⇩	Devonport-Takapuna Local Board resolution DT/2018/66 dated 15 May 2018	21
d ⇩	Public notice in the North Shore Times published 22 May 2018	23
e ⇩	Submissions on proposal to amend the Devonport Domain Reserve Management Plan	25