Hastings District Council WWW.hastingsdc.govt.nz WWW.napier.govt.nz OPEN A G E N D A LOCAL ALCOHOL POLICY JOINT COMMITTEE MEETING Meeting Date: Monday, 24 February 2014 Time: 9.00am Venue: Council Chamber Ground Floor Civic Administration Building Lyndon Road East Hastings Committee Members Chair: Commissioner Wasley Councillors Bowers, Lester and Watkins (HDC) Councillors Lutter and White and Mr Cocking (NCC) Officer Responsible Community Safety Manager (Mr P Evans ) Committee Secretary Carolyn Hunt (Ext 5634) CG-13-73-328 Local Alcohol Policy Joint Committee Terms of reference This is established between Hastings District Council and Napier City Council. Fields of Activity The Committee has been established to hear submitters and to consider the submissions lodged in respect of the draft Local Alcohol Policies of the Napier City Council and Hastings District Council which were developed under the Sale and Supply of Alcohol Act 2012 and to make recommendations to its parent Councils as to how the submissions should be responded to. Membership Chairman - Commissioner Wasley appointed by Council Deputy Chairman appointed by the Joint Committee 3 Members appointed by Napier City Council 3 Members appointed by Hastings District Council Quorum The quorum for the Committee shall be the Chairman and no less than 2 appointed members from each Council. If, prior to the commencement of the hearings, an appointed member from either Council is unable to commit attendance for the duration of the hearing and consideration of the submissions, the Mayor of that Council shall be entitled to appoint a substitute member. If during the hearing or consideration of submissions an appointed member from either Council is unable to continue as a member one of the three members appointed by the other Council, as agreed between themselves, shall step down from the Committee in order that equal representation shall be preserved. Voting The Committee shall strive for consensus however where this proves to be impossible the majority opinion shall subsist. Provided that where none of the representatives of one Council is able to agree with the representatives of the other Council on a particular matter which relates to one or other, or both, of the LAPs, the Committee will record that an impasse has been reached. In this case a report detailing the impasse and the options available shall be prepared as a basis on which the Council, having responsibility for the LAP under question, shall make the final decision. The Chairman will not have a casting vote. Delegated powers The Committee shall have the following powers: 1) To schedule the day and times of the meetings required to fulfil its purpose. 2) To schedule the appearance of those submitters who have indicated a wish to be heard. 3) To require reports or other information from staff of either Council as appropriate. 4) To regulate its procedure in such manner as it thinks fit. 5) To deliberate in private on its decisions. 6) To formulate recommendations in respect of the amendment of any matter contained within either of the draft Local Alcohol Policies which is the subject of a submission or which it considers should be amended as a consequence of its recommendation on any submission. Meeting dates The Committee is scheduled to meet on Monday 24, Tuesday 25 and Wednesday 26 February, commencing at 9.00am on each day, or as otherwise agreed. Recommendations to the Councils The Committee shall provide its recommendations to the two Councils no later than 14 March 2014. Adoption These terms of reference were adopted by the Hastings District Council at a meeting held on Thursday 30 January 2014, and adopted by the Napier City Council at a meeting held on 29 January 2014. CG-13-73-328 HASTINGS DISTRICT COUNCIL LOCAL ALCOHOL POLICY JOINT COMMITTEE MEETING MONDAY, 24 FEBRUARY 2014 VENUE: Council Chamber Ground Floor Civic Administration Building Lyndon Road East Hastings TIME: 9.00am A G E N D A 1. Apologies At the close of the agenda no apologies had been received. 2. Conflict of Interest Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. 3. Consideration of General Business Items 4. Confirmation of Minutes 5. Review of Local Alcohol Policy 1 File Ref: 14/173 REPORT TO: LOCAL ALCOHOL POLICY JOINT COMMITTEE MEETING DATE: MONDAY 24 FEBRUARY 2014 FROM: SENIOR ENVIRONMENTAL PLANNER CATHERINE BOULTON SUBJECT: REVIEW OF LOCAL ALCOHOL POLICY Item 5 1.0 SUMMARY 1.1 The purpose of this report is to facilitate the hearing of submissions on Hastings District and Napier City Councils’ Draft Local Alcohol Policy. The report summarises, and provides analysis of, written submissions received through the special consultative procedure. It then sets out the officers’ recommendations as to the content of the Provisional Local Alcohol Policy. 1.2 The next steps following this report are for the Local Alcohol Policy Joint Committee to hold a hearing of submissions, and to make a recommendation to the Hastings District and Napier City Councils as to the content of the Provisional Local Alcohol Policy. 2.0 BACKGROUND Sale and Supply of Alcohol Act 2012 2.1 New Zealand’s alcohol laws were recently reformed in December 2012. The Sale and Supply of Alcohol Act 2012 (SSAA) puts in place a new system of control over the sale and supply of alcohol and generally reforms the law relating to the sale, supply and consumption of alcohol. 2.2 The SSAA aims to minimize the harm caused by the excessive or inappropriate consumption of alcohol and ensure that the sale, supply and consumption of alcohol should be undertaken safely and responsibly. Harm is defined very widely in the Act and includes any crime, damage, death, disease, disorderly behavior, illness, or injury to individuals or the community either directly or indirectly caused by excessive or inappropriate alcohol consumption. 2.3 Under the SSAA, Territorial authorities are able to develop Local Alcohol Policies (LAPs) which are to consist of a set of decisions made by the Council in consultation with the community about the sale and supply of alcohol. 2.4 LAPs are optional, Territorial authorities are not required to have them. If a Territorial authority chooses to develop an LAP, once it is in place, the DLC and the Alcohol Regulatory and Licensing Authority (ARLA) will have to consider the policy when they make decisions on licence applications. 2.5 Under s 77 of the SSAA, 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 or facilities of particular kinds; Local Alcohol Policy Joint Committee Agenda Item: 5 Page 1 24/02/2014 File Ref: 14/101 (c) 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; Item 5 (d) 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 bottle stores and supermarkets). (e) The issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions; (f) One-way door restrictions. 2.6 LAPs cannot include policies on matters unrelated to licensing such as the price of alcohol, age limits for drinking or alcohol advertising and sponsorship. 2.7 If a council does not have a LAP in place, licensing decisions will be directed by the criteria set out in Section 105 of the SSAA and the default maximum opening hours in the absence of specific conditions. 2.8 Section 78 of the SSAA requires that if a territorial authority decides to develop a LAP it must have regard to: • The objectives and policies of its district plan; • The number of licences of each kind held for premises in its district; • The location and opening hours of each of the premises; • The number of licences of each kind held for premises in its district, and the location and opening hours of each of the premises; • Any areas in which bylaws prohibit alcohol in public places are in force; • The demography of the district’s residents; • The demography of people who visit the district as tourists or holiday makers; • The overall health indicators of the district’s residents; • The nature and severity of the alcohol-related problems arising in the district. 2.9 The specific information requirements identified under s78 of the SSAA considered in the development of the draft LAP for Hastings District and Napier City are attached in Attachment 2. Development of the Draft LAP 2.10 Both the Hastings District Council and Napier City Council resolved at their first Council meetings in 2013 to develop a LAP. Specifically Hastings Council resolved that, “Council develop a local alcohol policy” and that “Council Officers liaise with staff from Napier City Council regarding the development of a joint, or at least harmonised Local Alcohol Policy” and Napier resolved that, “staff initiate Local Alcohol Policy Joint Committee Agenda Item: 5 Page 2 24/02/2014 File Ref: 14/173 work on creation of a local alcohol plan” and that “staff liaise with Hastings District Council staff in order to draft harmonised Local Alcohol Plans”. 2.11 Since those first meetings the two Councils have resolved to develop a joint LAP. Napier resolved at their meeting on 18 September 2013 and Hastings at their meeting on 19 September 2013, that the Statement of Proposal and its attachments be adopted for the special consultative procedure in accordance with Section 83 of the Local Government Act 2002.