statement of proposal - hamilton...allows for on-line retailers to operate outside of the locations...

STATEMENT OF PROPOSAL

Hamilton City Council Draft Local Alcohol

STATEMENT OF PROPOSAL

Hamilton City Council

Local Alcohol Policy

Hamilton City Council Draft Local Alcohol Policy

STATEMENT OF PROPOSAL Draft

Hamilton City Council

Local Alcohol Policy

CONTENTS

D-1222621 LOCAL ALCOHOL POLICY

INTRODUCTION --------------------------------

REASON FOR THE PROPOSAL --------------------------------

SUMMARY OF INFORMATION --------------------------------

OTHER POLICY OPTIONS CONSIDERED BY THE COUNCIL

CONSULTATION AND SUBMISSIONS

DRAFT LOCAL ALCOHOL POLICY --------------------------------

SCHEDULE --------------------------------

FREQUENTLY ASKED QUESTIONS

SUBMISSION FORM --------------------------------

LICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO

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OTHER POLICY OPTIONS CONSIDERED BY THE COUNCIL -----------------------------------------------------

CONSULTATION AND SUBMISSIONS ----------------------------------------------------------------

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FREQUENTLY ASKED QUESTIONS ----------------------------------------------------------------

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OPOSAL 2 | Page

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SUMMARY OF INFORMATION

D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 3 | Page

INTRODUCTION

This Statement of Proposal has been prepared

to fulfil the requirements of sections 83(1)(a)

and 87(2)(a) of the Local Government Act 2002

(LGA) and section 79 of the Sale and Supply of

Alcohol Act 2012 (the Act).

The Act allows councils to develop Local

Alcohol Policies (LAPs) for their territorial area.

A LAP is a set of policies made by a council in

consultation with its community concerning

the licensing of premises for the sale and

supply of alcohol.

Both the Act and the LGA require Council to

use the special consultative procedure (SCP) to

consult with the community on a draft LAP.

The SCP conducted by Council concludes with

the development of a provisional LAP. The

provisional LAP is then notified and subject to

an appeal period. Only appeals filed by a

submitter on the draft LAP are eligible. The

appeal process, if there is one, is conducted by

the national Alcohol Regulatory and Licensing

Authority (ARLA). The Council can appeal an

ARLA decision on its provisional LAP to the

High Court.

Once a LAP is in place, the local District

Licensing Committee (DLC) and the national

ARLA must have regard to the LAP when

making decisions on licence applications.

A LAP can only deal with matters relating to

licensing;

� The location of licensed premises near

certain types of facilities, such as in specific

neighbourhoods or near schools or

churches.

� The density of licensed premises by

specifying whether further licences or types

of licences should be issued for premises in

the district or in a particular area.

� “One-way door” conditions for licensed

premises that would allow patrons to leave

premises but not enter or re-enter after a

certain time.

� Discretionary conditions in a licence.

� Restrictions or extensions to the maximum

trading hours set in the new Act. The

default hours in the Act are: 8am - 4am for

on-licences (e.g. bars and restaurants) and

7am - 11pm for off-licences (e.g. bottle

stores and supermarkets).

� Special licences

� In addition, a LAP may apply differently

to different kinds of licensed premises.

As required by the Act the Council has had

regard to the following matters when

preparing the draft LAP;

� the objectives and policies of the

Hamilton City Operative and Proposed

District Plan; and

� the number of licences of each kind held

for premises in the City, and the location

and opening hours of each of the

premises; and

� any areas in which the Public Places

Bylaw 2009 regulates outdoor dining

restrictions (includes alcohol); and

� the demography of the City’s residents;

and

� the demography of people who visit the

City as tourists or holidaymakers; and

� the overall health indicators of the City’s

residents; and

� the nature and severity of the alcohol-

related problems arising in the City.

REASON FOR THE PROPOSAL

Hamilton City Council has decided to prepare

a draft LAP to guide licensing decisions within

Hamilton City. The Council recognises that

within the community there is considerable

concern about the effects of excessive and

inappropriate drinking. Preliminary

consultation has demonstrated that the

community has a real desire to be involved in

setting local policies on licensing premises to

best serve our city. The Council views a LAP

for Hamilton City as an important tool to

assist the District Licensing Committee in

making its decisions and to help in meeting

the object of the Act which is that:

� the sale, supply and consumption of alcohol

should be undertaken safely and

responsibly; and

� the harm caused by the excessive or

inappropriate consumption of alcohol

should be minimised.




The commencement of the Sale and Supply of

Alcohol Act 2012 (the Act) gave councils the

power to develop a local alcohol policy (LAP). This

is part of a wider reform of the way alcohol is

sold, supplied and consumed in New Zealand.

Hamilton City Council has decided

draft LAP which proposes the following:

� Trading hours for off-licences

stores and supermarkets) have been set as 9am to

10pm. This reflects a one hour change to the

maximum closing hour from 11pm to 10pm. This

will also affect the morning trading hours of

supermarkets who currently open at 7am or 8am.

� No distinction has been made in the LAP

between supermarkets and other

with blanket trading hours being applied to all off

licenses. The rationale for this is to treat all

operators on an equitable basis and to prevent

issues of migration.

� The location of where new off

operate from have been limited to ‘retail centres’

- an approach promoted in the Proposed District

Plan. These centres include the central city, major

facilities zones, and business zones 1

(commercial centres) and are shown in the map in

Schedule 1 of the Policy. This approach is

consistent with other similar harm related

activities such as gambling and prostitution

� Trading hours for on-licences (e.g. bars, café’s

hotels, taverns and restaurants) have remained

unchanged.

� There are no restrictions on the location of on

licences.

� The LAP does provide some exclusions. These

allows for on-line retailers to operate outside of

the locations indicated in Schedule 1, and for mini

bars, house bars in hotels and the casino to trade

outside of the maximum hours.



of the Sale and Supply of

gave councils the

power to develop a local alcohol policy (LAP). This

is part of a wider reform of the way alcohol is

sold, supplied and consumed in New Zealand.

to prepare a

the following:

(e.g. bottle

stores and supermarkets) have been set as 9am to

10pm. This reflects a one hour change to the

maximum closing hour from 11pm to 10pm. This

will also affect the morning trading hours of

supermarkets who currently open at 7am or 8am.

distinction has been made in the LAP

between supermarkets and other off-licences

applied to all off-

licenses. The rationale for this is to treat all

operators on an equitable basis and to prevent

ocation of where new off-licences can

‘retail centres’

approach promoted in the Proposed District

the central city, major

facilities zones, and business zones 1-6

re shown in the map in

This approach is

consistent with other similar harm related

activities such as gambling and prostitution.

(e.g. bars, café’s

have remained

There are no restrictions on the location of on-

The LAP does provide some exclusions. These

line retailers to operate outside of

the locations indicated in Schedule 1, and for mini

els and the casino to trade

OTHER POLICY OPTIONS

CONSIDERED BY THE COUNCIL

In developing the draft LAP, Council

considered other options

1. Managing alcohol availability

high youth population e.g. proximity controls

to avoid off-licences establishing in the

vicinity of schools.

Why? To ensure there is a reasonable distance

between bottle stores and schools, to limit the

visibility of off-licences to school children as a

harm reduction method.

Analysis showed that most of the city’s off

licences are located in retail centres and under

the draft policy will be guided to establish in

retail centres. Schools also locate around

centres, therefore the tendency for bottle

stores to be on a school walking path are likely

to be high. We know that currently there are 7

off-licences that are located within 200 metres

of a school, and 4 within 100 metres of a

school. There are 28 off

within the ‘centres’ that are in excess of 200

metres from a school.

In addition to this, it is difficult to quantify the

difference in harm between 1km, 500 metres

or 100 metres.

The clear preference is for bottle stores to be

located in commercial hubs and retail centres

rather than in suburban locations.

To minimise any impact in terms of visibility

and accessibility of alcohol, Council has opted

for a proximity control for new

any site that directly borders any school or

early childcare facility that is existing at the

time the licence application is made.

2. Managing alcohol related signage and

marketing on the exterior of off

premises and impacts on youth i

the normalisation of alcohol.

Why? Marketing of alcohol plays a significant

role in normalisation of alcohol. This is most

evident with off-licence bottle stores

OPOSAL 4 | Page

OTHER POLICY OPTIONS

CONSIDERED BY THE COUNCIL

In developing the draft LAP, Council

considered other options.

Managing alcohol availability in areas with a

e.g. proximity controls

es establishing in the

Why? To ensure there is a reasonable distance

between bottle stores and schools, to limit the

es to school children as a

nalysis showed that most of the city’s off-

es are located in retail centres and under

the draft policy will be guided to establish in

centres. Schools also locate around

therefore the tendency for bottle

walking path are likely

to be high. We know that currently there are 7

es that are located within 200 metres

of a school, and 4 within 100 metres of a

school. There are 28 off-licences located

within the ‘centres’ that are in excess of 200

t is difficult to quantify the

between 1km, 500 metres

The clear preference is for bottle stores to be

located in commercial hubs and retail centres

rather than in suburban locations.

To minimise any impact in terms of visibility

and accessibility of alcohol, Council has opted

a proximity control for new premises on

any site that directly borders any school or

early childcare facility that is existing at the

time the licence application is made.

Managing alcohol related signage and

marketing on the exterior of off-license

premises and impacts on youth in terms of

the normalisation of alcohol.

of alcohol plays a significant

role in normalisation of alcohol. This is most

licence bottle stores



advertising featuring heavily on the outside of

the building. There is increasing evidence that

alcohol advertising can impact on an

individual’s decision to take up drinking, or

increase consumption if they are already

drinking.

However the Act does not impose specific

restrictions with regard to

/promotion of alcohol (other than for

supermarkets). In Hamilton signage controls

already exist in the Public Places Bylaw and the

Proposed District Plan.

Council decided not to implement an

signage controls as while they were considered

to have a desirable effect,

questions about the legality and enforceability

of this. All of the existing off-licen

in the city have been lawfully established in

accordance with the Proposed District Plan and

bylaw (or their predecessors).

3. Imposing a one-way door restriction

Why? To manage alcohol related behaviour

late at night. Council is aware of concerns

about the increase of apprehensions/offences

around 2-3am in the central city.

One-way door restrictions require that during

the period of time stated in the restriction that

no person is to be admitted (or re

into the premises.

The police and public health advocate the

positive effects of one-way door policies but

the research on the benefits of such

restrictions is varied and inconclusi

Initially Council considered trialling a one

door policy of 30 minutes prior to closing for a

period of one year. However it was decided

that a staged approach to ‘interventions’ e.g.

reducing trading hours, would allow for

Council to monitor the effectiveness of them in

isolation to determine what works and what

doesn’t. It is possible that a one

restriction would be reconsidered in

couple of years.


heavily on the outside of

ng evidence that

alcohol advertising can impact on an

individual’s decision to take up drinking, or

increase consumption if they are already

Act does not impose specific

with regard to advertising

(other than for

ignage controls

already exist in the Public Places Bylaw and the

Council decided not to implement any further

signage controls as while they were considered

to have a desirable effect, there were

questions about the legality and enforceability

licence premises

in the city have been lawfully established in

accordance with the Proposed District Plan and

way door restriction

Why? To manage alcohol related behaviour

late at night. Council is aware of concerns

about the increase of apprehensions/offences

way door restrictions require that during

ted in the restriction that

no person is to be admitted (or re-admitted)

The police and public health advocate the

way door policies but

the research on the benefits of such

restrictions is varied and inconclusive.

Initially Council considered trialling a one-way

door policy of 30 minutes prior to closing for a

period of one year. However it was decided

that a staged approach to ‘interventions’ e.g.

reducing trading hours, would allow for

effectiveness of them in

isolation to determine what works and what

doesn’t. It is possible that a one-way door

restriction would be reconsidered in the next

4. Discretionary conditions

While Council has the option to include policie

relating to discretionary licence conditions (in

addition to those in the Act), Council has

decided to exclude any additional policies

from its draft LAP as section 117(1) of the Act

permits a DLC to issue any licence subject to

any reasonable condition

with the Act.


This summary has been prepared to fulfil the

purpose of sections 83(1)(a) and 89 of the

Local Government Act 2002, and section 79 of

the Sale and Supply of Alcohol Act 2012

Anyone can make a submission about the

Hamilton City Local Alcohol Policy

encourage you to tell us your views.

How to make a submission

For a copy of the Statement of Proposal,

including the draft policy and information

about making a submission,

public can visit the Hamilton City Council

website (www.hamilton.co.nz

Alternatively, submission forms are available

from all Hamilton City Council public or

community libraries, and from the Ground

Floor reception of Council’s Municipal Building

in Garden Place. For any queries please ring

Strategy and Research (Ph. 07 838 6537).

The period for making written submissions

open 14 January 2014 and closes 4.00 pm on

17 February 2014.

Submissions can be made via our website

www.hamilton.co.nz/consultation

sent to Hamilton City Council, Strategy and

Research Unit, Private Bag 3010, Hamilton

3240.

OPOSAL 5 | Page

Discretionary conditions

While Council has the option to include policies

relating to discretionary licence conditions (in

addition to those in the Act), Council has

decided to exclude any additional policies

from its draft LAP as section 117(1) of the Act

permits a DLC to issue any licence subject to

any reasonable conditions not inconsistent


This summary has been prepared to fulfil the

purpose of sections 83(1)(a) and 89 of the

Local Government Act 2002, and section 79 of

the Sale and Supply of Alcohol Act 2012.

Anyone can make a submission about the

Local Alcohol Policy and we

encourage you to tell us your views.

How to make a submission

For a copy of the Statement of Proposal,

including the draft policy and information

about making a submission, members of the

public can visit the Hamilton City Council

www.hamilton.co.nz/consultation).

Alternatively, submission forms are available

from all Hamilton City Council public or

braries, and from the Ground

Floor reception of Council’s Municipal Building

in Garden Place. For any queries please ring

Strategy and Research (Ph. 07 838 6537).

period for making written submissions

14 January 2014 and closes 4.00 pm on

can be made via our website

www.hamilton.co.nz/consultation or can be





DRAFT LOCAL ALCOHOL POLICY

The purpose of this policy is to ensure that the sale, supply and consumption of alcohol are

undertaken safely and responsibly, and to ensure that the harm caused by the excessive or

inappropriate consumption of alcohol should be minimised.

CONTENTS

1. Policy Objectives and Scope

2. Strategic Alignment

3. Definitions

4. Principles of the Policy

5. Policy Guidelines

6. Monitoring and Implementation

7. References

8. Schedules

REVISION HISTORY

Revision #

Policy Sponsor Approval Date and date of next scheduled review

Council or Committee Decision

# TRIM Reference

Related Operating Guidelines

1

General

Manager City

Environments

Nov 2013. To be

reviewed by

2019.

Council D-1117508



1. POLICY OBJECTIVES AND SCOPE

The Sale and Supply of Alcohol Act 2012 allows territorial authorities to develop a Local Alcohol Policy

(LAP), a set of decisions made by Council in consultation with its community to regulate the sale and

supply of alcohol in Hamilton City.

The purpose of a LAP is to set a clear framework to be applied to all applications for liquor licences

within Hamilton City.

The objective of this policy is to balance the reasonable needs of residents of Hamilton City regarding

the sale, supply and consumption of alcohol, while addressing the statutory requirements of the Sale

and Supply of Alcohol Act 2012, including the object of the Act to minimise the harm caused by

excessive or inappropriate consumption of alcohol.

The policy applies to:

� Any applications for liquor licences from the date that this policy comes into force, and

� Any applications for renewal of existing licences at a licensed premise.

This Local Alcohol Policy (LAP) has been developed pursuant to section 75 of the Act, which empowers

territorial authorities to develop Local Alcohol Policies for their District.

2. STRATEGIC ALIGNMENT This policy assists in the delivery of Councils outcomes and goals as follows:

PROSPEROUS AND

INNOVATIVE

OUTSTANDING CITY

LEADERSHIP

PEOPLE LOVE LIVING HERE

� Hamilton has a strong,

productive economy

and we build on our

economic strengths.

� We have a thriving

CBD.

� It’s easy to do business

here.

� Our city grows and

prospers in a

sustainable way.

� The city is led by effective,

open and responsive

governance.

� Council’s finances are

sustainable for the long

term.

� We operate efficiently and

provide exceptional

service.

� The city takes a leadership

role regionally and

nationally.

� Hamilton embraces the

Waikato River and it is the

focal point of our city.

� We value, preserve and

protect Hamilton’s natural,

green environment.

� Our city is attractive, well-

designed and compact with

outstanding architecture and

distinctive public spaces.

� Our city is a fun place to live

with a vibrant Arts scene.

� Hamilton is a safe city.

� It’s easy to get around.

� We celebrate our people and

many cultures.

� = primary contribution

3. DEFINITIONS When interpreting this policy use the definitions set out in section 3 unless the context requires

otherwise. If you see a reference to a repealed Act, regulation, District Plan, bylaw or policy, read that as

a reference to its replacement.

“Authorised customer” in relation to premises a club licence is held for, means a person

who—

(a) is a member of the club concerned; or



(b) is on the premises at the invitation of, and is accompanied by, a

member of the club concerned; or

(c) is an authorised visitor.

“Café” shall have the same meaning as “restaurant”.

“Central City Area” means the area of Hamilton defined by the Central City Zone of the

Proposed Hamilton City District Plan (or the resulting Operative

District Plan).

“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.

“District Licensing

Committee”

means the Hamilton City District Licensing Committee appointed

pursuant to section 186 of the Act.

“House bar” means an area within the premises of a hotel or other form of visitor

accommodation where a bar is operated, primarily for the use of

guests staying in the accommodation and in conjunction with a

restaurant or other form of premises serving food.

“Hotel” means premises used or intended to be used in the course of

business principally for providing to the public—

(a) lodging; and

(b) alcohol, meals, and refreshments for consumption on the

premises.

“Minibar” means a selection of drinks and confectionary that is provided in a

hotel (or other form of visitor accommodation) bedroom, and

charged to the guest’s bill if used.

“Off-licence” on the premises an off-licence is held for, the licensee can sell alcohol

for consumption somewhere else.

“On-licence” on any premises an on-licence (other than an on-licence endorsed

under section 37 of the Act) is held for, the licensee—

(a) can sell and supply alcohol for consumption there; and

(b) can let people consume alcohol.

“Outdoor dining area” means an area of a premises holding an on-licence or club licence

that is outside of the building which includes any part of a public

footpath, pavement or other public place.

“Premises” Includes;

(a) a conveyance; and

(b) includes part of any premises; and

(c) in relation to a licence, means the premises it was issued for.



“Prohibited persons” are persons to whom alcohol cannot be served including minors and

intoxicated persons and in the case of clubs any person who is not an

authorised customer.

“Remote seller” means off licence premises that conduct ‘remote sales’, as defined by

the Sale and Supply of Alcohol Act 2012.

“Restaurant” means premises that—

(a) are not a conveyance; and

(b) are used or intended to be used in the course of business

principally for supplying meals to the public for eating on the

premises.

“Suburban Area” means the portion of Hamilton defined by the Business 1 to 6 Zones

and the Major Facilities Zone of the Proposed Hamilton City District

Plan (or the resulting Operative District Plan).

“Special Licence” means the type of licence detailed in section 22 of the Act.

“Speciality Retailers” means retail premises where the sale of alcohol forms a minor

portion of sales of speciality food items, such as but not limited to gift

basket retailers and ethnic food stores, and where the District

Licensing Committee consider the premises to fall within the

characteristics of a speciality store.

“Tavern” (a) means premises used or intended to be used in the course of

business principally for providing alcohol and other

refreshments to the public; but

(b) does not include an airport bar.

“Temporary Authority” means a temporary authority order issued and in force under section

136 of the Act.

“The Act” means the Sale and Supply of Alcohol Act 2012.

“Visitor

Accommodation”

means any land or buildings used for day-to-day accommodation of

visitors on a temporary basis (up to three months’ continuous

occupation during any 12-month period). It includes motels, hotels,

holiday or tourist flats, backpacker accommodation, motor or tourist

lodges. It excludes camping grounds and motor camps.

4. PRINCIPLES OF THE POLICY � Council recognises its role in minimising harm caused by excessive or inappropriate

consumption of alcohol.

� Council acknowledges the important role central city bars and restaurants play in providing a

vibrant hospitality sector and night time economy.

� Council acknowledges the rights of individuals to purchase alcohol, the rights of industry to sell

alcohol and the rights of society to protect itself from alcohol related harm.

5. POLICY GUIDELINES

5.1 On-Licences and Club Licences

5.1.1. Maximum trading hours for premises holding on-licences (subject to sections

46 and 47 of the Act)



(i) No on-licence or club licence shall be issued or renewed for any premises in the Central City

Area with trading hours that exceed the following:

� Monday to Sunday 7:00am to 3:00am the following day.

(ii) No on-licence or club licence shall be issued or renewed for any premises outside the Central

City Area with trading hours that exceed the following:

� Friday and Saturday 7:00am to 1:00am the following day,

� Sunday to Thursday 7:00am to 11:00pm.

(iii) Any permitted outdoor dining area will not have trading hours that exceeds 9:00am to

10.00pm on any day as provided for within the Public Places Bylaw 2009 and the Public

Places Policy.

(iv) The Hamilton Casino (at 340 Victoria Street), and minibars and house bars located within

hotels, and other forms of visitor accommodation, are all exempted from this provision.

5.2 Off-Licences

� This policy does not limit the number of off-licence premises or restrict the issue of new

licences, provided the other policy criteria are met.

5.2.1 Location of premises holding off-licences

(i) New off-licence premises (excluding remote sellers endorsed pursuant to section 40 of the

Act and speciality stores) shall be limited to areas of the city as displayed in Schedule 1

(Central City Area and the Suburban Area).

(ii) In addition to 5.2.1 (i), an off-licence will not be issued in respect to any new premises on any

site that directly borders (as identified in the graphic below) any school or early childcare

facility, existing at the time the licence application is made.

(iii) Speciality retailers and remote sellers are exempted from the above location provisions.

5.2.2 Maximum trading hours for premises holding off-licences

(i) Subject to section 48 of the Act no off-licence shall be issued or renewed with trading hours

that exceed the following:

� Monday to Sunday 9:00am to 10:00pm

45° 45°

Subject

site



5.3 Special Licences

(i) Special licences allow the sale and consumption of alcohol at events or occasions on

premises that are unlicensed, or premises that would be outside their normal licence

conditions. They can permit on site or off site sales, and are in force for the date and time of

the event only.

(ii) For the purpose of this section, the term ‘event’ includes an occasion or a gathering, and any

series of such events.

5.3.1 Issuing of Special Licences

(i) The District Licensing Committee, subject to section 41 of the Act may refuse a special licence

or licences where it would be more appropriate for the applicant to apply for an on, off or

club licence, or for the variation of an existing licence.

(ii) No more than twenty (20) events or series of events will be authorised by special licence(s)

to a single licensee or applicant in one calendar year.

(iii) Temporary structures being used as part of a special licence application will need both

Building Unit and Planning Guidance Unit approval before a special licence will be issued.

(iv) Special licences for premises that are not otherwise licensed will not be issued with trading

hours beyond 1.00am the day following the event, except in exceptional circumstances as

determined by the District Licensing Committee.

(i) Where the applicant for a special licence already holds an on, off or club licence with the

maximum hours permitted for that type of licence under this policy, a special licence with

greater hours (to a maximum of one extra hour) will only be issued in exceptional

circumstances as determined by the District Licensing Committee.

5.4 Temporary Authorities

(i) All temporary authority applications will be passed to the Police to give them an

opportunity to inquire into the application.

(ii) Pursuant to section 136(4)(c) of the Act every temporary authority will be subject to a

condition that no second or subsequent temporary authorities will be issued in respect to

the same premises and licensee unless a full licence application has already been filed, or,

in exceptional circumstances, with the prior approval of the Secretary of the Licensing

Committee.

6. MONITORING AND IMPLEMENTATION

The General Manager City Environments will monitor the implementation of this policy.

The policy will be reviewed every six years as required by the Sale and Supply of Alcohol Act 2012, or at

the request of Council, or in response to changed legislative and statutory requirements, or in

response to any issues that may arise.

7. REFERENCES

� Sale and Supply of Alcohol Act 2012

� Public Places Bylaw 2009 and Public Places Policy � Waikato Regional Liquor Licensing Policy Guidance Document

SCHEDULE 1


SCHEDULE

AREAS WHERE OFF LICENCE PREMISES SHALL BE LIMITED TO




1. What is a local alcohol policy (LAP)?

A LAP – under the Sale and Supply of Alcohol

Act 2012 (the Act) – allows councils such as

the Hamilton City Council to develop a set of

policies about licensing of premises that sell

and supply alcohol within their territorial

authorities.

2. What can a LAP deal with?

A LAP can only deal with matters relating to

licensing. Through a LAP, communities are

able to set the direction on some or all of the

following matters:

� The location of licensed premises near

certain types of facilities, such as in specific

neighbourhoods or near schools or

churches.

� The density of licensed premises by

specifying whether further licences or

types of licences should be issued for

premises in the district or in a particular

area.

� “one-way door” conditions for licensed

premises that would allow patrons to leave

premises but not enter or re-enter after a

certain time.

� Discretionary conditions in a licence.

� Restrictions or extensions to the maximum

trading hours set in the new Act. These

are: 8am – 4am for on-licences (such as

bars, cafe’s and restaurants) and 7am –

11pm for off-licences (such as bottle stores

and supermarkets).

In addition, a LAP may apply differently to

different kinds of licensed premises.

3. Why is Hamilton City Council developing

a LAP?

There was a strong feeling that the Hamilton

community wanted to address alcohol issues

sooner rather than later through a policy that

was specific to our community circumstances.

4. Has the community been involved with

the development of a draft LAP?

Before producing a draft LAP, Council

consulted with the NZ Police, licensing

inspectors and the Medical Officers of Health

to ensure that the draft policy reflects the

nature of alcohol-related harm in the

community.

This has involved three stakeholder meetings

as well as a stakeholder reference group being

established and utilised.

Hamilton City Council has also engaged with

sector stakeholders and community groups.

5. What happens now?

The draft LAP was adopted by Council on 28

November 2013. It is now out for community

consultation via a Special Consultative

Procedure (SCP), to allow for community

input. Anyone who is interested can make a

submission on the draft LAP.

6. When can I make a submission?

Submissions about the draft LAP can be made

from 14 January through to 17 February 2014.

7. How can I make a submission?

Submissions can be made via our website

www.hamilton.co.nz/consultation or can be



3240.

8. What happens to the submissions?

The Council will hear and consider the

submissions on the draft LAP, and then decide

whether or not to proceed with preparing a

provisional LAP and what it will include.

Hearings from those submitters who choose

to be heard are expected to take place late

February or early March 2014. Any person

who makes a written submission and wants to

be heard by Council, should make that

request in their written submission.

The Council is legally required to make all

written or electronic submissions available to

the public and to elected members, including

the name and address of the submitter.

Information will be available to the public

subject to the provisions of the Local

Government Official Information and

Meetings Act 1987. If you consider there to be

compelling reasons why your contact details

and/or submission should be kept

confidential, you should contact Council’s

Strategy and Research Unit (07 838 6537).


D-1222621 LOCAL ALCOHOL POLICY:

9. What happens after the council notifies a

provisional LAP?

Once the Council has notified a provisional

LAP, there is an appeal process to

Regulatory and Licensing Authority.

person or agency that has made a submission

as part of the special consultative procedure

on a draft LAP will be able to appeal against

any element of the resulting provisional LAP.

10. What is the district licensing committee

(DLC)?

Under the new legislation, each local council

must establish one or more DLC to make

decisions on all licenses and man

certificates. The DLC will replace the current

District Licensing Agency. The DLC will have

wider powers than the Agency as it will

consider all licence application and renewals

and managers certificate applications and

renewals, regardless of whether they are

contested or not contested. Hamilton City

Council needs to have a DLC in place by 18

December 2013. A DLC is made up of a

Chairperson or Commissioner and two

committee members.

ICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO

What happens after the council notifies a

Once the Council has notified a provisional

LAP, there is an appeal process to the Alcohol

Regulatory and Licensing Authority. Only a

person or agency that has made a submission

as part of the special consultative procedure

will be able to appeal against

any element of the resulting provisional LAP.

district licensing committee

Under the new legislation, each local council

must establish one or more DLC to make

decisions on all licenses and managers

. The DLC will replace the current

District Licensing Agency. The DLC will have

er powers than the Agency as it will

e application and renewals

and managers certificate applications and

renewals, regardless of whether they are

contested or not contested. Hamilton City

Council needs to have a DLC in place by 18

ber 2013. A DLC is made up of a

ommissioner and two

11. What is the Alcohol R

Licensing Authority (

The ARLA considers and determines licensing

applications having replaced the Liquor

Licensing Authority from 19 December 2012

which previously had this role. During the

12 months of the new law the

continue to consider all contested applications

for licences. The ARLA will primarily

appeal body for applications

appeals to the Council’s provisional

12. How often will the LAP

Legislation requirements mean the LAP must

be reviewed every six year

can choose to do this sooner if they wish.

OPOSAL 14 | Page

What is the Alcohol Regulatory and

uthority (ARLA)?

ARLA considers and determines licensing

applications having replaced the Liquor

Licensing Authority from 19 December 2012

had this role. During the first

12 months of the new law the ARLA will

continue to consider all contested applications

ARLA will primarily be an

appeal body for applications and will hear any

appeals to the Council’s provisional LAP.

LAP be reviewed?

Legislation requirements mean the LAP must

be reviewed every six years, although councils

can choose to do this sooner if they wish.

SUBMISSIONS FORM

D-1222621 LOCAL ALCOHOL POLIC

SUBMISSION FORM

DRAFT HAMILTON CITY LOCAL ALCOHOL POLICY

SECTION 1 Please print your details clearly

Name: Mr / Mrs / Miss / Ms ________________________________

Organisation: ________________________________

Address: ________________________________

________________________________

Phone: (day) ________________________________

Email: ________________________________

Please note all submissions are treated as

website with the names and contact details of submitters included.

Important

Do you wish to speak about your submission at a Council hearing?

Yes No If you do not

• Hearings are anticipated to be held in

indicated that you wish to be heard, we will contact you once Hearing dates for the

finalised.

SECTION 2 Please print clearly

Do you support in principle the

(Please circle one) Yes / No / Don’t know

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

OFF LICENCES

Do you have any specific comments in relation to restricting

centres – refer to schedule 1 of the policy.

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

________________________________

OLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROP

HAMILTON CITY LOCAL ALCOHOL POLICY

Please print your details clearly

__________________________________________________________

________________________________________________________________

________________________________________________________________

__________________________________________________________________________________

_________________________________ (evening) ____________________________

______________________________________________

are treated as public documents and will be loaded on to the Council’s

website with the names and contact details of submitters included.

your submission at a Council hearing?

do not tick a box we will assume that you do not wish to speak at a hearing

Hearings are anticipated to be held in late February or early March 2014. Please note if you

indicated that you wish to be heard, we will contact you once Hearing dates for the

draft Hamilton City Local Alcohol Policy?

/ Don’t know

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Do you have any specific comments in relation to restricting new off licensed premises

refer to schedule 1 of the policy.

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

For Office Use Only

Sub No. _____

ROPOSAL 15 | Page

__________________________

______________________________________

__________________________________________

__________________

____________________________

documents and will be loaded on to the Council’s

do not wish to speak at a hearing.

Please note if you

indicated that you wish to be heard, we will contact you once Hearing dates for the policy have been

_______________________________________

__________________

__________________

__________________

__________________

__________________

__________________

ed premises to commercial

_______________________________________

__________________

__________________

__________________

__________________

__________________

For Office Use Only

Sub No. __________

SUBMISSIONS FORM

D-1222621 LOCAL ALCOHOL POLIC

Do you have any specific comments in relation to the

to off licensed premises?

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

ON LICENCES

Do you have any specific comments in relation to the

licensed premises?

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

SPECIAL LICENCES

Do you have any specific comments in relation to the maximum hours of operati

special licences?

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

Any other comments in relation to this

Comment(s): ________________________________

________________________________

________________________________

________________________________

________________________________

Submissions can be:

— submitted online : www.hamilton.co.nz/consultation

— posted to Freepost 172189, Strategy &

Hamilton 3240.

— delivered to the main reception, ground floor of Council Building, Garden Place

Important Reminder: Submissions must reach Council by 4.

will not be accepted.

Thank you for your submission.

OLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROP

Do you have any specific comments in relation to the maximum trading hours of operation permitted

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Do you have any specific comments in relation to the maximum hours of operat

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Do you have any specific comments in relation to the maximum hours of operati

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Any other comments in relation to this policy?

________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

www.hamilton.co.nz/consultation.

posted to Freepost 172189, Strategy & Research Unit, Hamilton City Council, Private Bag 3010,

delivered to the main reception, ground floor of Council Building, Garden Place

Important Reminder: Submissions must reach Council by 4.00pm 17 February 2014.

ROPOSAL 16 | Page

maximum trading hours of operation permitted

_______________________________________

__________________

__________________

__________________

__________________

maximum hours of operation permitted to on-

_______________________________________

__________________

__________________

__________________

__________________

Do you have any specific comments in relation to the maximum hours of operation permitted to

_______________________________________

__________________

__________________

__________________

__________________

_______________________________________

__________________

__________________

__________________

__________________

Research Unit, Hamilton City Council, Private Bag 3010,

delivered to the main reception, ground floor of Council Building, Garden Place.

2014. Late submissions

statement of proposal - hamilton...allows for on-line retailers to operate outside of the locations...

Documents