A1039214 [THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] INTRODUCTION
Background
Alcohol problems can be seen as the result of the social, economic and geographical nature of the community.
“Significant alcohol involvement exists in many community level problems, such as alcohol involved traffic crashes (including fatalities and injuries), non-traffic death and trauma (burns, drowning, falls, assaults), while a major percentage of homicide victims have high blood alcohol levels. Each of these can be viewed as products of the community system.” (1)
The current New Zealand drinking culture is said (2) to be characterised by the following:
(a) New Zealand is a society in which many people are tolerant of drunkenness. (b) It is a society in which many current drinkers appear to exercise little self-control. (c) It is a society in which many adults who currently drink appear not to be concerned about their physical or mental well-being because of their drinking behaviour. (d) It is a society in which many parents do not know about their children’s alcohol drinking habits.
Several factors may have contributed to this, including the following:
(a) Alcohol is readily available from a range of retail outlets including (outside licensing trust areas) supermarkets. (b) Alcohol is, and is perceived to be, inexpensive when bought retail from an off-licence (for consumption off the premises). (c) Alcohol is vigorously advertised, often associated with attractive role models and popular activities.
Information from the Police and the Medical Officer of Health indicates that the problem of alcohol abuse appears to be at least as significant in the Southland region as elsewhere in New Zealand.
It is also recognised that many New Zealanders enjoy alcohol in moderation as a social “lubricant” and “relaxant”.
A Local Alcohol Policy (LAP) aims to create a meaningful contribution by local authorities to address the society-wide problem that is alcohol abuse.
The Gore District, Invercargill City and Southland District Councils have worked together and developed this LAP in recognition of the significant harm that excessive consumption of alcohol continues to have in our communities.
In preparing this policy, careful regard has been taken of the views of “stakeholders”. These views were expressed during focus group meetings held over August, September and October 2013. The meeting notes from these stakeholder meetings are available on the Councils’ websites as background to this policy, together with the written submissions from
1 the Medical Officer of Health and the Police. These stakeholders are united in their desire to see a reduction in the excessive and inappropriate use of alcohol and in their wish to improve community safety from alcohol-related harm.
Alcohol is a legal drug. Some would have it otherwise, but “prohibition” is not the legislated position in New Zealand. Further, the reasonable use of alcohol in social settings is generally recognised by New Zealand society as being appropriate. It is also recognised that Invercargill City, Gore District and Southland District Councils have vibrant hospitality industries which are an important part of the local social scene and contribute substantially to the local and regional economies.
However, as both the Police and Medical Officer of Health submissions indicate, use and abuse of alcohol can be a significant cause of disease, disability and social harm. Its negative impacts include illness, injury, violence, crime, motor vehicle accidents and death. These impacts have an adverse effect on individuals and families, and also come at a significant cost to the community which must provide emergency, healthcare and other services.
In developing this Draft LAP, the fact that Invercargill, Gore/Mataura and part of Southland District are Licensing Trust areas has significance. In such areas the retailing of alcohol from off-licences and the operation of taverns is the preserve of community-elected licensing trusts. This has had a very significant and beneficial outcome with respect to some of the matters that other territorial authorities are finding they must address in their LAPs, in particular the “proliferation” of off-licences in those non-trust areas. Because by their nature they have a mandate to serve their communities in a broad sense, and also because they are able to take a broad view with respect to how many off-licences are required, licensing trusts provide a form of control over the total number of off-licensed premises. It is assumed that in Invercargill and Gore/Mataura, licensing trusts will continue to fulfil this function. Should it ever change, the LAPs covering Invercargill, Gore, Mataura and part of Southland would need to be reviewed with utmost urgency.
Development of this policy has sought to recognise and build on the large amount of work by all parties, and the goodwill that has contributed to the “Accords” in place throughout Southland prior to the enactment of the Sale and Supply of Alcohol Act 2012 (the Act) and its amendments.
Consultation undertaken to date
The Gore District Council, Invercargill City Council and Southland District Council agreed early in 2013 to adopt a “shared service” approach to the preparation of a local alcohol policy. It was decided that, while the provisions of the policy may differ between centres, reflecting their different character and needs, the process of consulting the community and assembling the background information should be done jointly.
Further, it was decided to formulate a common approach with adjoining territorial authorities in Otago. In essence, this approach was to:
Seek relevant information from the Police and Medical Officer of Health. Assemble relevant information including community demographics.
2 Conduct consultation on the basis of “focus groups” from both within the industry and from the wider community, reflecting the diversity of cultures and obligations under the Treaty of Waitangi. Produce an informal report and draft policy (this document) for consideration by the contributing councils.
This policy has been developed following consultation with Iwi, alcohol licensing staff, Police, the Medical Officer of Health and staff members from Public Health South, licensees, representatives of the hospitality industry, representatives of national alcohol retailing organisations, and other interested parties.
William J Watt Consulting Ltd was engaged to help facilitate this process. The following staff members were involved in the policy development process:
Gore District Council: Ms Frances Shepherd.
Invercargill City Council: Mr John Youngson, Ms Muriel Rusike and Ms Bernadette Kean.
Southland District Council: Mr Michael Sarfaiti and Ms Sarah Wilson.
Consultation meetings with focus groups were held as follows:
2 August National stakeholders - Sporting Clubs, Liquorland Ltd, Foodstuffs Ltd, NZ Retailers Association, Hospitality NZ (Invercargill) 28 August Invercargill Youth Council (Invercargill) 29 August Youth and youth agencies (Invercargill) 11 September Invercargill Licensing Trust and Mataura Licensing Trust (Invercargill) 12 September Social Services Agencies (Invercargill) 16 September Licensed premises owners (Invercargill) 16 September Holders of Club Licences (Invercargill) 19 September Holders of Club Licences (Gore) 19 September Community development staff (Gore) 20 September Police (Invercargill) 24 September Iwi (Murihiku Marae, Invercargill) 24 September Pacific Island Advisory and Cultural Trust (Invercargill) 8 October South Alive (Invercargill) 9 October Public Health South (Invercargill) 10 October Glengarry Community Group (Invercargill) 14 October Te Anau - On-licence holders and others (Te Anau) 18 October Southland HANZ and licence holders (Winton)
Consultation process from now on
The Gore District Council, Invercargill City Council and Southland District Council encourage public input into further development of this Draft Local Alcohol Policy.
3 Submissions are invited by: ……………………………………………..
They should be addressed to: ……………………………………………..
Once all submissions have been received, a Council Hearing or Hearings will be held to enable those who wish to speak to their submission, to do so.
The Councils will then consider submissions and may resolve either not to proceed with a Local Alcohol Policy, or to adopt a policy (with or without modification). There are limited appeal rights to this decision by the Councils.
The Purpose of a Local Alcohol Policy
A LAP is a set of principles established by a territorial authority in consultation with its community about the sale and supply of alcohol in its district. Once it has been formally adopted a LAP must be considered when licence applications are determined.
The policy reflects the intent of the Act, which is to control the sale and supply of alcohol for the benefit of the community as a whole and to minimise harm from excessive or inappropriate consumption of alcohol. A LAP allows the Council to fine-tune the application of the Act through its own activities and those of the Alcohol Regulatory and Licensing Authority, to better meet the needs of individual communities.
The policy will help to inform the decisions of the District Licensing Committees (DLC) on alcohol licences for the sale of alcohol in the Southland region, providing a direction as to whether they should be granted, and if so the conditions that should be imposed.
The Effect of a Local Alcohol Policy
The Act enables territorial authorities to draft, and after consultation, adopt a LAP. The Act is quite prescriptive about the areas a LAP can cover. Specifically they are:
Limits on the location of licensed premises in particular areas or near certain types of facilities, such as specific neighbourhoods or near schools or churches. Limits on the density of licensed premises by specifying whether new licences or types of licences should be issued in a particular area. Imposition of conditions on groups of licences, such as a “one way door” condition that would allow patrons to leave premises but not to enter or re-enter after a certain time. Recommendations on discretionary conditions for licences. Restrict or extend the default maximum trading hours set by the Act, which are: - 8.00 am – 4.00 am the following day for on-licences and club licences. - 7.00 am – 11.00 pm for off-licences.
4 Matters taken into account
The Appendices to this Policy detail the matters taken into account in the preparation of the Policy. In summary, they are:
Appendix 1: Provisions of the Sale and Supply of Alcohol Act 2012 Appendix 2: Population Dynamics Appendix 3: Current Licences Appendix 4: Current Accords Appendix 5: Current bylaws prohibiting alcohol in public places Appendix 6: District Plan Provisions Appendix 7: Notes on the History of Licensing Trusts
Reference has also been made to other research material and papers, as cited.
5 OBJECTIVES
OVER-ARCHING ISSUES
1. Hazardous drinking is a social and public health problem with significant implications for the social and economic well-being of people in the Southland region. 2. Only a minority of the total quantity of alcohol sold is consumed in licensed premises, where there is supervision, control and host responsibility. The majority of alcohol is consumed in situations where there may be little control or supervision.
OBJECTIVE 1: RECOGNITION OF HARM REDUCTION FROM ALCOHOL MISUSE AS A COMMUNITY PRIORITY
The seriousness of alcohol misuse as a serious social and public health problem is recognised and addressed in the way Councils make policy for, and deliver services to, the people in their districts.
Background:
Information provided by the Police during consultation (3) indicated that: In Invercargill City, from January 2008 to December 2012, Police received 14,628 calls for types of offences that are typically related to alcohol (approximately 2,900 calls per year). In Gore District, over the same time period, Police received 2,718 calls for types of offences that are typically related to alcohol (approximately 540 calls per year). In Southland District over the same time period, Police received 2,432 calls for types of offences that are typically related to alcohol (approximately 480 calls per year).
The Police concluded: Alcohol consumption continues to have long-term (and a significant) involvement with a wide range of criminal offending across the Southland area. The ability and circumstances under which youths in the 15 – 18 year age bracket have access to alcohol is a particular concern. The frequency of pre-loading and of large private parties is also of concern. The availability of “cheap” alcohol via supermarkets is having an impact on rural communities.
Implications:
The seriousness of the problem is such that it is a major social issue. Local government has opportunities to help address this issue, at least partially through its responsibilities under the Act.
6 A LAP can be a useful part of a series of measures a community can take to address alcohol-related problems. It is not a total solution, partly because such matters can never be addressed totally by regulation, and partly because of the narrow scope of a LAP mandated by the Act.
OBJECTIVE 2: PROVISION OF A SAFE DRINKING ENVIRONMENT
The provision of safe environments, preferably licensed premises (whether “on”, “club” or “special”), for the consumption of alcohol is encouraged
Background:
The use of alcohol is widespread throughout society. Significantly more alcohol is consumed on unlicensed premises than on licensed premises. The quality of host responsibility can vary greatly. By encouraging the provision of a safe environment where alcohol is likely to be consumed, a LAP can encourage greater responsibility on the part of both hosts and individuals. A licensed premises is, or should be, a safer environment than an unlicensed premises. This LAP will therefore enable and encourage people to obtain and maintain the appropriate alcohol licence for premises where alcohol is sold.
About 84% of New Zealand adults (18 years or older) drink alcohol (3). 63% percent are classed as “moderate drinkers” and 21% as “binge” drinkers. Most drinking occurs in people’s own homes (52%) followed by a friend/relative’s home (16%) (3).
Alcohol consumption in New Zealand has been identified as being disproportionately associated with a binge drinking culture, with a tendency to pre-load. A common theme reported throughout consultation is people’s concern at the pattern of behaviour characterised by alcohol being pre-purchased from off-licences at lower prices, often supplied to minors, and consumed on unlicensed and unsupervised premises prior to the party going to a licensed venue for entertainment or to socialise. The Invercargill City, Southland and Gore District Councils consider that whatever can be done to reverse this trend by encouraging groups to go to licensed premises, rather than pre-load in unlicensed premises, will help address a major cause of alcohol-related harm in the Southland region.
Implications:
This means that the Councils will: Have a LAP that does not discourage the establishment of new on or club licences, or the granting of special licences. Endeavour to make the alcohol licence processes for on-licences as accessible and straightforward as possible. Aim for a fee structure for licences that is reasonable and does not, in itself, discourage responsible operators from obtaining the appropriate licence. Continue to place emphasis on host responsibility in licensed premises, particularly in assessing applications for alcohol licences and imposing any conditions. Have particular regard to off-licences, with respect to location and social impact, advertising, and compliance with the age-related provisions of the legislation.
7 Encourage organisers of an event or special occasion to properly plan for it and then, if alcohol is to be available and it is appropriate to the event or occasion, encourage them to apply for a special licence.
OBJECTIVE 3: RESPONSIBLE SUPPLY OF ALCOHOL
The following will be encouraged: (a) Greater restraint on the supply of alcohol to minors. (b) Reduction of the price differential for alcoholic beverages between on and off-licensed premises. (c) Greater responsibility in advertising, especially large quantities of low-price alcohol available from off-licences. (d) Greater commitment to monitoring of and guidance to licence holders.
Background:
The easy availability of alcohol to minors – supplied by parents or friends – was a recurring concern expressed during consultation and is also a major concern of both the Police and Public Health South.
The widening price differential between the price of alcohol bought at an on-licence for consumption compared with off-licence prices, is seen as a contributing factor to the binge-drinking culture. Concern at advertising associated with alcohol was also a theme that emerged from consultation, both in terms of the normalisation of alcohol (its association with more aspects of everyday life) and in terms of its impact on the amenities of the community.
Public Health South has reported (2) that in Southland the rate of alcohol-related hospital admissions in young people aged 15 – 24 is much higher than the national average (317.6 per 100,000 members of the population compared with the national average of 199.5 per 100,000).
Councils can contribute to this issue through alcohol licence monitoring and enforcement. Pricing of alcohol is not something that local government has any direct control over, but it can lobby central government (individually and through the Local Government Association) for legislative change. Promotion of alcohol “specials” by prominent advertising is seen as contributing to increased alcohol consumption and increased incidence of alcohol-related harm, and is something that Councils can influence through conditions on licences.
Implications:
This means that the Councils will: Make discouraging sales of alcohol to minors an enforcement priority. Raise alcohol pricing and its possible regulation as an issue at local government forums.
8 Encourage central government to address alcohol pricing as a national issue. Consider advertising in relation to applications for alcohol licences and control where advertising can occur by way of conditions on licences. Actively assist and monitor the operation of licensed premises.
OBJECTIVE 4: PROMOTION OF ACCORDS
The negotiation of accords to address issues relating to alcohol licensing will be encouraged and if necessary facilitated.
Background:
The previous introduction of the 3.00 am Alcohol Accords (see Appendix 4) enabled serious and escalating trends in alcohol abuse, and the problems arising therefrom, to be addressed.
Accords can be negotiated and put in place quickly (compared with statutory or policy reform). By their nature, they signal an agreement about the nature of a problem and a willingness to work together to address it.
The formality of an accord, duly documented and signed by all parties, is such that it is a matter which can and should be taken into account in determining alcohol licensing matters.
Accords are a good way of addressing alcohol-related issues because they record the result of stakeholders coming together to address a problem and coming to agreement on a way to address it.
9 POLICIES
A. DENSITY
POLICY A1: COMMUNITY IMPACT
To require a community impact statement to accompany any application for an off-licence associated with any premises within the Invercargill City/Gore District/Southland District.
Note: This Policy will include the situation where a variation to conditions is being considered but does not include renewals.
Reason:
Nationally, a proliferation of off-licences in some communities has been identified as a significant contributing factor to alcohol-related harm. This has not occurred in the Southland region. The following have been contributing factors:-
The urban areas – Invercargill, Gore and also part of the Southland District are licensing trust areas. This has retained a level of control over the number of outlets from a business sense, and had the community benefit of non-proliferation. Stand-alone bottle shops, not attached to a hotel or tavern, are rare in rural areas. The territorial authorities within the Southland region are not subject to significant population growth.
However, Public Health South has submitted (3) that their research indicates that a significant majority (77%) of those health and allied professionals that they surveyed consider that the current availability of alcohol from licensed premises contributes significantly to alcohol-related problems evident in their districts. This is a good reason for a “second look” at any new or additional licences in terms of their community impact.
In consultation, the large price discounts available from supermarkets, together with their extended hours of operation, emerged as a matter of concern in rural Southland. The Police, in particular, noted (4) “The availability of ‘cheap’ alcohol via supermarkets is having an impact on rural communities.”
Most groups consulted did not want “more” off-licences. A requirement (modelled on Australian practices) that any applicant for a new off-licence undertake a community impact analysis that includes consultation, will help ensure that community concerns are identified and addressed during the process of licence consideration and issue.
10 Background:
The requirement for a community impact analysis is based on requirements in New South Wales, Australia.
A Community Impact Statement is to be prepared by a potential applicant for an off-licence or a variation and is a summary of consultation between the applicant and the local community about any issues and concerns with a proposed application.
As a guide, a Community Impact Statement for an off-licence records the work undertaken as a community impact analysis and should include: Statistics regarding the existing and projected population and demographic trends in the locality. Statistics or estimates of the number of persons residing in, resorting to or passing through the locality (where this is relevant), and their respective expectations. Identification of the likely health and social impacts that granting the application would have on the population of the locality. An assessment of the magnitude, duration and probability of the occurrence of the health and social impacts. Comment on the proximity to identified sub-communities within the locality of the proposed licensed premises or proposed premises to which the proposed licence is to relate - for example, schools and places of worship, and low socio-economic areas within towns or cities - and the likely impact on those sub-communities. A comment on any significant seasonal factors (e.g. tourism). A record of the consultation undertaken.
Implications
Obtaining a new off-licence may take longer, although much of the information requested is likely to have already been gathered as part of developing a business case for the proposal. The community will have input into whether or not a new off-licence is established on the basis of its probable community and social impact. These may be different from matters that would be considered in any Resource Management Act process.
B. SENSITIVE PREMISES
POLICY B1: SENSITIVE PREMISES
To require evidence of consultation with owners and occupiers of nearby sensitive premises to accompany any application for a newly established on-licence, or club licence or when the application relates to a significant change in the style of the business e.g. an increase in trading hours.
11 “Sensitive premises” are deemed to be: Any school, child care facility, pre-school or other facility providing for the education or care of children. Any place of religious gathering or assembly. Any residential activity – dwelling or apartment. Any community facility.
Within 50 metres of the boundary of the subject property.
Reason:
This policy is to ensure that neighbouring properties are aware of the possibility of licensed premises being established nearby. It gives the affected parties an opportunity to voice their concerns and the applicant an opportunity to identify and address them.
Background:
During consultation a number of groups raised the issue of location of licensed premises in relation to “sensitive premises”. In principle there was a feeling that there should be a separation. In fact, when people considered their own communities, the licensed premises were often grouped with other non-residential uses and the grouping had proved to be quite appropriate, or had been there for such a long time that the situation was accepted and managed. It was more the “fear of what might happen” that caused concern. Meaningful consultation can do much to address such fears.
The distance of 50 metres will generally apply to neighbouring properties and those directly across the road.
Implication:
This should be no more onerous than the “affected persons approval” process under the Resource Management Act, which in most cases works satisfactorily.
C. TRADING HOURS
POLICY C1: TRADING HOURS
The following shall be the maximum trading hours for the sale, supply and consumption of alcohol (within the context of their licences) on licensed premises within the Gore District/Invercargill City/Southland District Council areas:
12 1. On-licences (bars, taverns, hotels, entertainment venues and Class 1 restaurants): (i) Invercargill Central Business District Area: The hours between 8.00 am on any day to 3.00 am the following day. (ii) Invercargill (other than the Invercargill Central Business District Area): The hours between 8.00 am on any day to 1.00 am on the next day. (iii) Gore District/Southland District: The hours between 8.00 am on any day to 3.00 am on the following day. (iv) Alcohol may be sold to hotel accommodation guests in hotels at any time.
2. On-licences (Class 2 and Class 3 restaurants) The hours between 8.00 am on any day of the week to 1.00 am the following day.
3. Off-licences: (i) Invercargill City and Gore District: The hours between 7.00 am on any day to 10.00 pm the same day. (ii) Southland District: The hours between 7.00 am on any day to 11.00 pm the same day.
4. Club licences: Not to operate outside the hours of 8.00 am - 3.00 am. (Note: Applications for Club licences will need to justify the hours requested on the basis of the activity of the Club.)
5. Special licences: No restriction, however applications for Special Licences will need to justify the hours requested in terms of the purpose of the function or event.
Notes:
1. All above provisions are subject to Sections 47 and 48 of the Act, which relate to the sale and supply of alcohol on Anzac Day morning, Good Friday, Easter Sunday and Christmas Day. 2. Unless hours of opening are specified in a policy, the “default” hours specified in the Act apply. Section 43 of the Act states at subsection (1) that these hours are 8.00 am - 4.00 am for on-licences and 7.00 am - 11.00 pm for off-licences. 3. Policy 3 relates to all off-licence sales, whether from a dedicated “bottle store” outlet or “across the bar”.
Reasons:
Off-licences
(i) Earlier closing times for off-licences have been provided for in Gore District and Invercargill City, in recognition of community concerns and the risks associated with late closing times where the general feeling of those consulted was that earlier closing
13 of off-licences is useful in helping to prevent opportunistic or impulsive alcohol purchases. (ii) The default trading hours provided for in the Act have been accepted by the Southland District Council. The Southland District Council believes that the risks associated with later closing times do not outweigh the benefit of providing a service where there is a demand.
On-licences
(i) Earlier closing hours reduce the risk of alcohol-related offences occurring. The later premises close, the higher the percentage of alcohol-related offending. Ministry of Justice studies indicate that there is a direct correlation between the lateness of closing hours of on-licences and club licences and alcohol related offending. The later the premises closes, the higher the risk of offending (5). Information supplied by the Police (4) indicated that calls relating to alcohol related events in Invercargill City peaked at 3,117 in 2009 but had reduced to 2,723 by 2012 in response to earlier closing times. (ii) The policy reflects hours currently observed under existing accords. The earlier closing hours agreed in the accords are believed to have contributed to ongoing reductions in reported crime. (iii) In Invercargill the Proposed District Plan contains policies favouring the ongoing maintenance and development of the CBD as a late night entertainment area. (iv) Earlier closing of on-licences in suburban areas helps maintain residential amenity and helps direct late night entertainment into the CBD. (Note: Patrons would need to be in the CBD prior to 1.00 am to avoid the effect of the One-Way door policy. This would have the benefit of, in effect, requiring that people wishing to enjoy the late-night entertainment available in the CBD would need to plan to go there rather than simply drift in when suburban premises close.) (v) 1.00 am closing for restaurants was a matter raised several times in consultation. It was felt that later closing would be inconsistent with the purpose of a restaurant licence.
Club Licences and Special Licences
(i) The pattern of social behaviour should relate to the activity of the club, in the case of a club licence, and the nature of the occasion, in the case of a special licence, and the alcohol licence should be tailored accordingly.
Background:
Alcohol “accords” have been successfully negotiated among stakeholders in Invercargill City, Gore District and Southland District. In consultation, there was wide agreement that the accords have been beneficial in reducing the number and severity of incidents involving the consumption of excessive quantities of alcohol. The hours in the Policy reflect the hours agreed in the respective “Accords”.
14 Major stakeholders retailing alcohol were able to prove that only a small proportion of their sales occur later in the evening, suggesting that alcohol purchases are planned rather than opportunistic or impulsive. (Statistics supplied by the Invercargill Licensing Trust showed that less than 5% of sales occur outside the hours of 9.00 am to 9.00 pm and by far the busiest times are between 3.00 pm and 6.00 pm.) The Invercargill City and Gore District Councils considered that closing off-licences at 10.00 pm may encourage people to drink in licensed premises where there is supervision and host responsibility.
Implications Continuity of the “Accords” currently in place will need to be negotiated until such time as the LAP takes effect, with the exception of off-licence hours for Southland District which are proposed to remain at the default hours of 11.00 pm.
D. DISCRETIONARY CONDITIONS
POLICY D1: DISCRETIONARY CONDITIONS
Alcohol licences of any sort may be issued subject to discretionary conditions. Matters which may be addressed in discretionary conditions include, but are not restricted to, the following:
A. Premises layout and design (i) Design and layout requirements (ii) Minimum seating requirements (iii) Maximum numbers of patrons
B. Staffing (i) Training requirements for staff (ii) Management requirements in relation to staff (e.g. number of staff, duty managers) (iii) Prescribed ratio of security staff to patrons (iv) Uniform requirements (e.g. high visibility vests for security staff)
C. Host responsibility (i) Queue management (ii) Free non-alcoholic drinks to designated drivers (iii) Provision of food (iv) Management of an event in such a way as to reduce abuse of alcohol, e.g. Ten minutes of “no alcohol service” every hour No “shots” served after midnight Limits on the number of drinks sold in any one transaction Restrictions on use of glass vessels Minimum wind-down periods (or short duration closings – to encourage a break in drinking and food consumption) Restrictions on discounts (e.g. “happy” hours)
15 Steps to prevent sales to minors Restrictions on activities (e.g. drinking games, cage fights) Provision of a place of safety for any intoxicated patrons (v) Availability of transport home for patrons
D. Amenity and good order (i) Cleaning the outside of the premises and immediate environs (ii) Use of CCTV (iii) Signage and advertising
E. Management of incidents (i) Licensee to keep a register of incidents (ii) Mandatory notification to Police of violent incidents
Reason:
These matters have been proposed by the Police and supported by the Medical Officer of Health as conditions which should be considered for inclusion in LAPs as they will help develop safer drinking environments. Experience has shown that attention to such of these matters as are appropriate to the function or premises, can help alleviate harm associated with consumption of alcohol at that event or premises.
Background:
These matters: Premises layout and design, Staffing, Host responsibility, Amenity and good order, and Management of incidents are all matters that need to be considered by an applicant in preparing an application for an alcohol licence. Depending on the nature of the premises, the type of licence sought and (particularly in relation to a Special Licence) the nature of the function, they may be matters to which particular attention needs to be given or a degree of control imposed.
(a) The layout and design of premises can have an important influence on whether or not problems are likely to arise in use. In particular: CPTED (Crime Prevention Through Environmental Design) principles should be addressed. The design capacity of the premises (maximum number of patrons) is an important design parameter that needs to be consistent across all legislation relating to the premises. There should be no more people in a premises than can be safely and quickly evacuated in an emergency – an alcohol licence condition can be a useful back-up to Building Act requirements in requiring that management keep a tally of how many people are present.
16 (b) Staffing is an obvious but very important element in good management of a premises. Not only should there be sufficient staff, but also their roles should be clearly planned and communicated to the people concerned.
(c) Host responsibility is a recurrent theme throughout the Act. The matters listed under policy D.1.C are an indicative list (but not an exhaustive one) of the kinds of measures a responsible host might plan, depending very much on the nature of the premises and on the nature of the event (if a Special Licence).
(d) Amenity and good order are important. Licensed premises should be good neighbours. Depending on the nature of the premises, this may require the licensee to “go the extra mile” in terms of cleaning or conducting a regular litter patrol. It may involve installation of CCTV. Signage, in particular, can often be a source of annoyance with neighbours – the “proliferation” of signage associated with licensed premises was raised several times in consultation. In consultation others opposed “excessive” signage because they feel it is associated with the “normalisation” of alcohol. A greater limitation on signage may be desired by a community if the subject of the signage is alcohol rather than some other kind of product or service.
(e) Incidents: Proper management – and recording and if necessary reporting – of any incidents is part of being a competent licensee.
Implications:
In reporting on applications, the Inspector will need to document consideration of the matters under headings (a) to (e).
E. ONE-WAY DOOR
POLICY E1: ONE-WAY DOOR
To introduce by way of an Accord and on a trial basis for 12 months from October 2014 a requirement that premises within the following areas manage the entrances to their premises in such a way as to prevent entry by new clients after 1.00 am:
(a) Invercargill Central Business District Area and Gore (year round) (b) Te Anau (October, November, December, January, February and March)
Reason:
The Police have suggested that the enforcement of a one-way door policy will help alleviate or remedy common situations encountered in Invercargill and Gore, and during the tourist season in Te Anau.
17 The reason for a trial period is that while one-way door policies have been introduced in other centres, experience with the effectiveness of such policies has been mixed. A trial period has been advocated by the Police.
Background:
The Police submission (5) indicates at page 13 that: People pre-load and then arrive at the CBD anywhere from 10.00 – 11.00 pm onwards. The intoxication levels of patrons walking the streets between bars significantly increase between 1.00 am and 2.00 am. People are noticeably more drunk, more aggressive and more uncooperative. There is a pattern of intoxicated patrons “migrating” between bars in the lead up to closing. A one-way door policy would eliminate queues (when the one-way door policy is in operation), avoiding the situation where the intoxication of people in the queue contributes to or results in violent, aggressive and disorderly behaviour. By forcing patrons to choose which licensed premises they want to stay in, a one-way door policy would make them more responsible for their own behaviour. A one-way door policy would enable licensees to plan for and better control the patrons on their premises.
Outside the Invercargill Town Belt: In Te Anau the numbers of people frequenting licensed premises outside of the tourist season are less. In Southland and Gore Districts the general practice is that premises close between midnight and 1.00 am but some flexibility to continue trading until 3.00 am has been requested in consultation. This is likely to be for some specific event or occasion and it is unlikely that patrons will wish to “migrate” from one premises to another.
It is acknowledged that “evidence supporting one way door policies is inconclusive with research showing no long-term effects on assaults or violence” and that “one-way door policies have been withdrawn in most places where they have been tried in Australia”. (6) Nevertheless it is felt that in view of the Police support for a one-way door policy, it should be trialled.
An alternative option that the Councils would like feedback on is trialling the introduction of an entry or “cover” charge, to apply after 1.00 am.
Implications Any trial would need to be organised, monitored, evaluated and reported. A further decision would be required by the territorial authority to either withdraw Policy E1 or to replace it with a policy with permanent effect. The most practicable way to conduct this trial may be by way of a negotiated Accord. The effect of this would be that after the trial:
18 (a) If there is evidence that the one-way door trial has resulted in a reduction in alcohol-related harm, then a revision of this Policy would be promulgated pursuant to the Special Consultative Procedure under the Local Government Act. (b) If there is NO evidence that the one-way door trial has resulted in a reduction in alcohol-related harm, Policy E would be deemed to have been fulfilled and would have no further effect.
19 RELATED MATTERS
ALCOHOL BAN AREAS
The Gore District, Invercargill City and Southland District Councils intend to maintain and enforce existing Alcohol or Alcohol Ban Areas established under a bylaw or bylaws promulgated under the Local Government Act 2002.
Reason:
Alcohol or alcohol ban areas were introduced within the Invercargill City and Gore and Southland District areas in response to requests by Police and also property owners in the affected areas. They have proven an effective way to enable Police to intervene in situations where alcohol use or abuse has been a factor.
Background:
“The growing incidence of drinking in public places, especially by young people, has been a particular source of anxiety, as are reports of alcohol-fuelled street violence. With the decriminalisation of public drunkenness in the early 1980s, some observers have pointed to a lack of tools which frontline police can use to ‘nip trouble in the bud’, leading to calls for local councils to pass by-laws which prohibit the possession or consumption of alcohol in defined public places.” (7)
However, the Police submission noted: “Repeat observations and anecdotal information continue to indicate that a significant number of people continue to ignore the (Invercargill) alcohol ban by consuming alcohol whist travelling around/through the CBD….” (5)
Considering alcohol bans over New Zealand as a whole, Webb, Marriott-Lloyd and Grenfell (7) concluded: “…. largely uncontrolled and unregulated use of alcohol in public places (especially main pubic thoroughfares and inner city parks) can frustrate local police goals of crime reduction and inner city safety. From a crime science perspective, such locations for public place drinking can be seen as ‘offender convergence settings’, where offenders meet, spend time and identify potential co-offenders ……. Seen in this light, disrupting such locations by proactively enforcing alcohol ban bylaws gives police a useful way to minimise the serious impact of alcohol-related co-offending. Police also recognise that there should not be a ‘silver bullet’ mentality about alcohol bans …..”
20 Implications:
The alcohol ban areas already in existence need to be enforced. For local authorities, this means Ensuring that signage is adequate and is maintained. Ensuring that the bylaws are reviewed as necessary. Taking necessary steps to enforce the bylaw with the Councils’ own regulatory staff.
REFERENCES
(1) Holder H.D. Alcohol Related Data Collection for Harm Reduction Purposes at the Local Level: A Review of New Zealand Data and Action Recommendations. Alcohol Liquor Advisory Council. January 2003.
(2) ALAC: The Way We Drink 2005; ALAC Occasional Publication No 27.
(3) Public Health South: The Impact of Alcohol on the Health of Southern Communities - a Report to Inform the Development of Local Alcohol Policies by Southern District Councils, 1 July 2013)
(4) ALAC Alcohol Monitor, Research NZ, 14 January 2011.
(5) New Zealand Police: Calls to Police (and Invercargill offences) related to alcohol – Southland Area, Released 07 October 2013.
(6) Hospitality New Zealand Fact versus Fiction.
(7) Webb M, Marriott-Lloyd P, Grenfell M: Banning the Bottle: Alcohol Bans in New Zealand. Ministry of Justice
21 GLOSSARY
All terminology used in this Policy shall have the same meaning as that used in the Sale and Supply of Alcohol Act 2012. The more commonly used terms are reproduced below:
Alcohol Means a substance - (a) That - (i) Is or contains a fermented, distilled, or spirituous liquor; and (ii) At 20ºC is found on analysis to contain 1.15% or more ethanol by volume; or (b) That - (i) Is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and (ii) Is alcohol (within the meaning of paragraph (a)) when completely thawed to 20ºC; or (c) That, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people.
Club Means a body that – (a) Is a body corporate having as its object (or as one of its objects) participating in or promoting a sport or other recreational activity, otherwise than for gain; or (b) Is a body corporate whose object is not (or none of whose objects is) gain; or (c) Holds permanent club charter
Intoxicated Means observably affected by alcohol, other drugs, or other substances (or a combination of 2 or all of those things) to such a degree that 2 or more of the following are evident: (a) Appearance is affected (b) Behaviour is impaired (c) Co-ordination is impaired (d) Speech is impaired
Licence (a) Means a licence issued under this Act that is in force; and (b) In relation to any licensed premises means the licence issued for them (or, in the case of premises that 2 or more licences have been issued for, any of those licences) NOTE: Under Section 13 of the Act there are four kinds of licence: On-licences, Off-licences, Club licences and Special Licences. Reference should be made to Sections 13 – 22 of the Act for further details/kinds of licences.
22 Local Alcohol Policy: (a) Means a policy, in force under Section 90 of the Act, relating to the sale, supply, or consumption of alcohol (or to 2 or all of those matters) within the district of a territorial authority or the districts of 2 or more territorial authorities ; and (b) In relation to a territorial authority, means a policy, in force under Section 90, relating to the sale, supply or consumption of alcohol (or to 2 or all of those matters) within its district or the districts of 2 or more territorial authorities that include it.
Premises (a) includes a conveyance; and (b) includes part of any premises; and (c) in relation to a licence, means the premises it was issued for.
Other Terms used in this report:
Binge drinking: Drinking alcoholic beverages with the primary intention of becoming intoxicated by heavy consumption of alcohol over a short period of time.
Pre-loading: Drinking alcoholic beverages at home or other non-licensed premises, prior to a planned visit to a licensed premises, with the primary intention of being at least partially affected by alcohol prior to arriving at the licensed premises.
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