Planning Committee Agenda
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PLANNING COMMITTEE AGENDA WEDNESDAY 8 MAY 2013 AT 9.15AM IN COMMITTEE ROOM 1, CIVIC OFFICES, 53 HEREFORD STREET Committee: Councillor Sue Wells (Chairperson), Councillors Peter Beck, Sally Buck, Jimmy Chen, Aaron Keown, Glenn Livingstone and Claudia Reid. Principal Adviser Committee Adviser Mike Theelen Megan Pearce Telephone: 941-8281 Telephone: 941-8140 PART A - MATTERS REQUIRING A COUNCIL DECISION PART B - REPORTS FOR INFORMATION PART C - DELEGATED DECISIONS INDEX ITEM DESCRIPTION PAGE NO. NO. PART C 1. APOLOGIES 3 PART B 2. DEPUTATIONS BY APPOINTMENT 3 PART A 3. LOCAL ALCOHOL POLICY 5 PART B 4. CONSENTING REBUILD MONTLY REPORT 249 PART A 5. PROPOSED POLICY CHANGE FOR FENCING OF SWIMMING POOLS 263 PART A 6. COUNCIL SUBMISSION ON MBIE CONSULTATION DOCUMENT ‘MAKING POOL 269 SAFETY EASIER” PART A 7. TEMPORARY ALCOHOL BAN IN RICCARTON/ILAM 2013 317 PART A 8. RELOCATION OF THE CHRISTCHURCH KART CLUB AND THE CANTERBURY 325 GREYHOUNDS PART A 9. JOINT MANAGEMENT AGREEMENT BETWEEN CERA, THE COUNCIL AND TE 341 RUNUNGA O NGĀI TAHU 3 PLANNING COMMITTEE 8. 5. 2013 1. APOLOGIES 2. DEPUTATIONS BY APPOINTMENT Inspector Richard Bruce on behalf of the New Zealand Police on item 3 Bob Manthei and Rosanna Winkelman on behalf of the Victoria Neighbourhood Association on item 3 Peter Morrison and Amy McLellan-Minty on behalf of Hospitality New Zealand on item 3 Representatives of the Canterbury District Health Board on item 3 Brett Giddens on item 3. 4 5 PLANNING COMMITTEE 8. 5. 2013 3. DRAFT LOCAL ALCOHOL POLICY General Manager responsible: General Manager Strategy and Planning, DDI 941-8281 Officer responsible: Strategic Policy Unit Manager, Strategy and Planning Group Author: Adair Bruorton, Senior Policy Analyst, Ruth Littlewood, Senior Policy Analyst, Siobhan Storey, Senior Policy Analyst PURPOSE OF REPORT 1. This report describes the information and views gathered, and consultation undertaken to prepare a draft Local Alcohol Policy (LAP), in accordance with the requirements of the Sale and Supply of Alcohol Act (2012). Options for a draft LAP are presented and preferred options are recommended. The report recommends that the Council adopt the proposed draft LAP (Attachment 1) so that the views of the community can be sought using the Special Consultative Procedure. EXECUTIVE SUMMARY 2. The Sale and Supply of Alcohol Act (2012) (the Act) allows councils to develop local alcohol policies (LAPs) which relate to the sale, supply, or consumption of alcohol within their districts. It is not mandatory to have a LAP. 3. Once a LAP is in place, the local District Licensing Committee (DLC) and the National Alcohol Regulatory and Licensing Authority (ARLA) must have regard to it when making decisions on alcohol licensing applications, along with assessing licence applications against the criteria set out in the Act (s105). 4. The Act aims to minimise alcohol-related harm, and ensure that the sale, supply and consumption of alcohol is undertaken safely and responsibly. Harm is defined broadly in the Act and includes crime, damage, death, disease, disorderly behaviour, illness or injury caused directly or indirectly by excessive or inappropriate consumption of alcohol. 5. The Act replaces the Sale and Supply of Liquor Act (1989) which liberalised New Zealand’s liquor licensing laws. The 1989 Act contributed to widespread changes in social drinking habits such as the introduction of Sunday trading of alcohol and a reduced purchase age. There has been a three-fold increase in licensed premises in Christchurch since 1989. 6. The Council decided unanimously in February 2013 to prepare a draft LAP. It agreed that addressing alcohol-related harm in the community is a priority for the Council and there is a need to act promptly to provide an appropriate, local licensing environment to complement the implementation of the new Act. 7. A LAP is a set of policies made by the Council in consultation with the community concerning the licensing of premises for the sale and supply of alcohol. 8. A LAP can deal only with licensing matters, specifically: Location of licences in particular areas or near certain types of facilities Density of licences in particular areas Conditions on groups of licences, such as one-way door restrictions Restriction or extension of the default maximum opening hours set out in the Act. These are 8am – 4am for on-licenses (such as pubs, restaurants and bars) and 7am – 11pm for off-licenses (such as bottles stores and supermarkets). A LAP cannot include any broader provisions about the sale or consumption of alcohol e.g. minimum pricing or age restrictions for purchase. 9. If a council does not have a LAP in place, licensing decisions will be directed by the criteria set out in the Act (s105) and the default maximum opening hours (above). 10. The Council currently has an Alcohol Policy (2004) which addresses some licensing matters, however this policy is not legally enforceable and the new District Licensing Committee will have no regard for it. The new Act gives legal standing to LAPs that are developed according to its 6 PLANNING COMMITTEE 8. 5. 2013 3 Cont’d requirements. The Council’s Alcohol Restrictions in Public Places Bylaw (2009) and its three amendments will continue to be enforced. 11. As required in the Act, staff have consulted with the Police, Medical Officer of Health and Licensing Inspectors. In addition, views were sought also from a wide range of stakeholders and interested parties such as the hospitality sector, retailing representatives, health representatives, Community Boards and Māori. A survey of community views was completed, along with a social-media based survey of young people’s views, on alcohol-related harm and licensing matters. Meetings were held over several months with key stakeholders to identify issues relating to licensing matters. Two forums hosted by the Council brought together a wider range of over 140 stakeholders to discuss licensing matters. 12. The Planning Committee has considered key issues relating to licensing matters at several workshops and both Planning Committee and Council workshops considered preliminary policy provisions. Deputations from some key stakeholders were made to the Planning Committee and the Council at meetings during the draft policy’s development. 13. Stakeholders identified a range of key issues about licensing of premises to sell alcohol. There is a strong consensus from all stakeholders that ensuring safety and reducing alcohol-related harm in the community are high priorities. An underlying culture of pre- and side-loading and binge drinking is acknowledged by many stakeholders as the cause of much of the alcohol- related harm. Most stakeholders agree that a LAP can include positive policy interventions that can mitigate the negative effects of this drinking culture. The key options proposed in this report are: shorter maximum trading hours, than set in the Act, for on-licences and for off-licences shorter and varied maximum trading hours, than in the Act, for on-licenses in different areas of the city (maximum of 3am for premises in Central City Area A; maximum of 1am in Central City Area B and all other areas) one-way door conditions for premises holding on-licences. These will be mandatory in Central City Area A (1am one-way restriction with a 3am closing) and discretionary in Central City Area B and other areas (decided by the District Licensing Committee on a case by case basis) various discretionary conditions for on-licences, off-licences, club licences and special licences (again, decided by the District Licensing Committee on a case by case basis) restrictions on the location of bottle stores to business zones except within greenfields development areas. 14. This report recommends that the Council adopts a draft LAP, so that the views of the wider community can be sought through the special consultative procedure from 31 May until 1 July 2013. 15. Following hearings for submitters, the Council will prepare a provisional LAP based on consultation feedback. After the October 2013 local body elections, it is anticipated that the incoming Council will affirm the provisional LAP and give public notice of it early in 2014. Submitters on the draft LAP during the special consultative procedure will then have opportunity to appeal to ARLA on any element of the notified provisional LAP. This can be done on the grounds that an element is unreasonable in light of the object of the Act. After the resolution of any appeals by submitters, the Council can then adopt the provisional LAP for implementation. FINANCIAL IMPLICATIONS 16. The special consultative procedure, as defined in the Local Government Act 2002 will be required if the Council decides to adopt the draft LAP. The associated costs of this include printing and distribution of the statement of proposal and summary of information, the placement of public notices and staff costs in supporting a hearings panel. These costs, and the cost of the policy’s development, are budgeted for in the City and Community Long-Term Planning Activity in the Three Year Plan. 7 PLANNING COMMITTEE 8. 5. 2013 3 Cont’d Do the Recommendations of this Report Align with 2009-19 LTCCP budgets? 17. As above LEGAL CONSIDERATIONS 18. The Sale and Supply of Alcohol Act 2012 allows territorial authorities to make Local Alcohol Policies (LAPs) which relate to the sale, supply, or consumption of alcohol within their districts. It is not mandatory to have such a policy. 19. Under section 77(1), a LAP may include policies on any or all of the following matters relating to licensing (and no others): (a) location of licensed premises by reference to broad areas: (b) location of licensed premises by reference to proximity to premises of a particular kind or kinds: (c) location of licensed premises by reference to proximity to facilities of a particular kind or kinds: (d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district: (e) maximum trading hours: (f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions: (g) one-way door restrictions.