whangarei district council agenda 24 february 2010 · 2019-06-12 · whangarei notice of meeting a...

Notice of Meeting A meeting of the Whangarei District Council will be held

in the Council Chamber, Forum North, Whangarei on:

Wednesday 24 February 2010

10.00 am

Committee His Worship the Mayor (Chairperson)

Cr C B Christie Cr V P D Cocurullo

Cr S J Deeming Cr S M Glen

Cr A D Goodhew Cr P R Halse

Cr S L Mai Cr G M Martin

Cr B L McLachlan Cr S L Morgan

Cr K J Sutherland Cr W L Syers

Cr M R Williams

CCrreeaattiinngg tthhee uullttiimmaatteelliivviinngg eennvviirroonnmmeenntt

WHANGAREI

DISTRICT COUNCIL

Wh

anga

rei D

istr

ict

Cou

nci

l

Vision Statement To be a vibrant, attractive and thriving District by developing sustainable lifestyles based around

our unique environment; the envy of New Zealand and recognised world wide.

CCrreeaattiinngg tthhee uullttiimmaatteelliivviinngg eennvviirroonnmmeenntt

WHANGAREI

DISTRICT COUNCIL

Call to order – all present rise for the Mayor Opening Prayer Apologies Declaration of Conflicts of Interests

INDEX Item No Page No 1. Minutes of a Meeting of the Whangarei District Council held 16 December 2009 ................. 1 2. Police Report ................................................................................................................. 5 3. Creative Communities Assessment Committee Update ...................................................... 8

4. 2010 Triennial Elections ............................................................................................... 11

5. William Fraser Memorial Park on Pohe Island Reserve Management Plan .......................... 22

6. Statement of Proposal – Review of the Whangarei District Liquor Licensing Policy ........... 202

Recommendations contained in the Council agenda are NOT Council decisions.

Please refer to Council minutes for resolutions.

1

1. Minutes: Whangarei District Council Wednesday, 16 December 2009

Minutes of a meeting of the Whangarei District Council held in the Council Chamber Forum North on Wednesday 16 December at 10:00 am Present: His Worship the Mayor (Chairperson) Crs C B Christie, V P D Cocurullo, S J Deeming, S M Glen, A D Goodhew, P R Halse, S L Mai, G M Martin, B L Mclachlan, S L Morgan, K J Sutherland, W L Syers and M R Williams

Also Present: Area Commander P Dimery (New Zealand Police) In Attendance: Chief Executive Officer (M P Simpson), Chief Operating Officer (J Thompson), Group Manger Environment (P Dell), Group Manager Support Services (A Adcock), Group Manager Infrastructure and Services (S Weston), Legal Counsel (G Mathias), Building Compliance Manager (B Rogers), Property and Support Manager (M Hibbert), Resource Consents Manager (A Hartstone), Team Leader – Futures Planning (K Grundy), Iwi Relationships Manager (S Tipene), Executive Assistant (F Watson), Personal Assistant (J Walters), Councillor Support (J Benyon) and Senior Meeting Co-ordinator (C Brindle) Cr Cocurullo opened the meeting with a prayer. 1. Confirmation of Minutes of a Meeting of the Whangarei District

Council held on 25 November 2009

Moved: Cr Mclachlan Seconded: Cr Goodhew

“That the minutes of the meeting of the Whangarei District Council held on Wednesday

25 November 2009, having been circulated, be taken as read and now confirmed and adopted as a true and correct record of proceedings of that meeting.”

CARRIED 2. Police Report

Tabled: Police Report for December 2009 Inspector P Dimery spoke to the report and answered questions from Councillors. Moved: Cr Cocurullo Seconded: Cr Williams “That the information be received.”

CARRIED

1

3. Update on GE: Results of Colmar Brunton Poll Moved: Cr Mai Seconded: Cr Williams

“1. That the update on GE and results of the Colmar Brunton poll be received. 2. That the recommendations from the 17 November meeting of the Inter-council

Working Party on GMO Risk Evaluation and Management Options be adopted. 3. That the Council considers making a high level political approach to the

Government, perhaps in collaboration with other councils on the Working Party, seeking a formal response to local concerns over GMO’s, particularly in regard to liability.”

On the motion being put Cr Mai called for a division: For the motion: His Worship the Mayor, Crs Williams, Cocurullo, Deeming, Mclachlan, Glen, Christie, Martin, Sutherland, Morgan, Goodhew, Mai, Syers and Halse (14)

Unanimously CARRIED

4. Lower Hatea River Crossing This item was taken in parts. Moved: Cr Halse Seconded: Cr Martin

“1. That Council proceeds with the second harbour crossing at Port Road.”

On the motion being put Cr Halse called for a division: For the motion: His Worship the Mayor, Crs Williams, Deeming, Mclachlan, Glen, Christie, Martin, Sutherland, Morgan, Goodhew, Mai, Syers and Halse (13) Against the motion: Cr Cocurullo

CARRIED

Moved: Cr Halse Seconded: Cr Martin 2. That Council invites and encourages the Hatea Hub Group and Northland Chamber

of Commerce to progress investigations into the feasibility and consentability of a weir-lock for the Hatea River and bring a firm proposal to Council in due course.”

On the motion being put His Worship the Mayor called for a division: For the motion: His Worship the Mayor, Crs Cocurullo, Deeming, Mclachlan, Glen, Christie, Martin, Sutherland, Morgan, Goodhew, Mai, Syers and Halse (13)

2

Against the motion: Cr Williams

CARRIED

5. Northland Events Centre – Deed of Trust Moved: Cr Syers Seconded: Cr Martin “1. That the following recommendation adopted by the Whangarei District Council on

28 January 2009, be now rescinded:

“That Council agrees to place the completed Northland Events Centre into an independently operated Charitable Trust, with the independent Charitable Trust to be set up by the Whangarei District Council.”

2. That the Northland Events Centre land and buildings shall remain in Whangarei District Council ownership.

3. That the Whangarei District Council indemnifies the Trustees of the Northland Events Centre against all or any liability for all decisions they make in their capacity as Trustees of the Northland Events Centre with such indemnity to be in the form as tabled at this meeting.

4. That the Deed of Trust for the Northland Events Centre is approved.” On the motion being put His Worship the Mayor called for a division:

For the motion: His Worship the Mayor, Crs Williams, Cocurullo, Deeming, Mclachlan, Glen, Christie, Martin, Sutherland, Morgan, Goodhew, Mai, Syers and Halse (14)

Unanimously CARRIED Urgent business

Moved: Cr Goodhew Seconded: Cr Martin “1. That in accordance with NZSO 3.7.5 council considers Item 6 – New Zealand

Railways Corporation Notice of Requirement for Oakleigh to Marsden Rail Link. 2. That the reason this late item be considered at this meeting is to enable

lodgement of the appeal against the decision of Kiwi Rail by January 2010.” CARRIED

6. New Zealand Railways Corporation Notice of Requirement for

Oakleigh to Marsden Point Rail Link Moved: Cr Halse Seconded: Cr Deeming “That pursuant to s172 of the Resource Management Act Council lodges an appeal against the decision of Kiwi Rail relating to the Oakleigh to Marsden Rail link.”

CARRIED

3

Whangarei District Council 24 February 2010 C:\Documents and Settings\robinb\Desktop\Temp\1 Minutes Whangarei District Council 16 December 2009.docx

The meeting closed at closed at 12.01 pm

Confirmed this 24th day of February 2010 S G A Semenoff (Chairperson)

4

2. Police Report

Reporting Officer: Carolyne Brindle (Senior Meeting Co-ordinator)

Date: 15 February 2010 The attached report has been received from Acting Area Commander, Senior Sergeant Richard Leach of the Whangarei/Kaipara Police.

Recommendation

That the information be received.

Attachment:

Police Report

5

1 Whangarei District Council Jan/Feb 2010

WHANGAREI POLICE

REPORT TO THE WHANGAREI DISTRICT COUNCIL

JANUARY / FEBRUARY 2010

INTRODUCTION Inspector Paul Dimery is currently on 4 weeks annual leave and so on behalf of him I would like to wish the Council all the best for a happy and successful forthcoming year. CRIME STATISTICS Patrol Group statistics for December: 289 Arrests 929 Bail checks carried out 46 DNA's samples taken 45 EBA's recorded 2 Voluntary prints taken 7 Burglaries attended 165 Domestics attended 1525 Infringement Offence Notices issued 174 Traffic Offence Notices issued 51 1V's attended by Patrol Group/STU 29 recorded arrests were made by the Tactical Squads and Youth Crime Unit. CRIME TRENDS: Domestic Violence has increased on the previous month with an increase of 33 reported incidents. This is possibly attributed to the holiday season and the current financial hardship that many families are currently facing. A good number of domestic violence incidents are as a result of consuming too much alcohol. Residential burglaries have reduced to 67 from 78 the previous month. Non-residential burglaries have also shown a small reduction, from 32 reported in November to 29 reported in December. Hot water cylinders have been stolen from at least 2 vacant dwellings. These are an attractive item for criminals to take because of their copper value. CITY SAFE The City Safe initiative that has recently been introduced has seen the Police appoint Constable Greg Betham to the role of Beat Constable. The benefits that we envisage with this appointment are a reduction in crime and anti-social behaviour in the CBD.

6

2 Whangarei District Council Jan/Feb 2010

ALCOHOL Wednesday nights in the CBD and Vine Street areas are causing problems with a number of offenders arrested for violence and disorder who are under the influence of alcohol. ROAD POLICING People still continue to drive whilst under the influence of alcohol. It is concerning that alcohol driving offences have increased in the last month. Two disturbing examples of this type of offending are: A 35 year old male who was drinking bourbon whilst driving lost control of his

vehicle and crashed into a parked car, causing his car to overturn. This person blew 1030 !! more than twice the legal limit of 400.

A 46 year old male was arrested for driving with excess breath alcohol. He blew

719 milligrams. This driver has obviously never learnt his lesson as he has 14 previous excess breath alcohol convictions and 24 previous convictions for Driving Whilst Disqualified.

It is attitudes such as this that place the general public at serious risk of being injured or killed. SUMMARY: Christmas and New Year have seen the usual increase in offending around the CBD and greater city area, particularly in alcohol related offending and disorder. This can in part be due to the festive season and the associated increase in people within the area. The Northland Police District has seen a prolonged period of fine warm weather which has made driving conditions good. It is hoped that when the weather conditions change that motorists will show the maturity to moderate their driving to suit the conditions. Richard Leach Acting Inspector Relieving Area Commander, Whangärei / Kaipara February 2010

7

3. Creative Communities Assessment Committee Update

Reporting Officer: Jenny Teeuwen (Community Services & Funding Officer)

Date: 15 February 2010

Introduction

It is with sadness that the Chairperson of the Creative Communities Assessment Committee must advise of the recent passing of Eileen Parore. Eileen was appointed as an Iwi representative on the Creative Communities Assessment Committee in 2006.

Future of the Committee

Advice was sought from Creative New Zealand whether the committee could continue with the reduced number. Confirmation has been received from Creative New Zealand who are happy for the status quo to remain for the next funding round on 23 March 2010. The future composition of the committee and its members is dependent on the outcome of the Creative Communities Scheme review. This comes into affect in the 2010/2011 financial year. Information on any changes to be made has yet to be received from Creative New Zealand.

Recommendation

1. That the information be received.

2. That the status quo of the committee remains for the 23 March funding round.

3. That the committee’s Terms of Reference be amended accordingly.

Attachment:

Amended Terms of Reference

8

07/74724

Creative Communities Assessment Committee – Terms of Reference

A committee of Council.

Chairperson

Councillor S L Mai

MEMBERS

Councillor S L Morgan

Community Representatives R Crannenburg and C Toomer

Iwi Representative: G Cherrington

Community Arts Council: J Bennett

Terms Of Reference

To administer the scheme to increase participation in the arts at the local level; to increase the range and diversity of arts available to communities; to enhance and strengthen the local arts sector.

To consider applications for grants monies made by community members, groups or rganizations in accordance with the criteria established by Creative New Zealand.

To ensure that the assessment committee reflect the diversity of the District, and follow these criteria:

o Not more than 50% of elected Councillors

o At least one member appointed on the recommendation of each local iwi or hapu

o One member appointed on the recommendation of the local community arts council.

o Community representatives familiar with the range and diversity of local arts and community activities

o Community representatives cannot be Councillors

To recruit community representatives by using public nomination and public election processes, or recommendations from communities or community arts rganizations.

To meet a minimum of two times per year (March and September) to consider applications.

To use its best efforts to expend all CCS funds within the financial year (July to June) that is provided by Creative New Zealand and for the purposes intended.

Delegated Responsibilities, Duties And Powers

To administer Whangarei District Council’s role as a community arts provider in terms of Section 20 of the Arts Council of New Zealand Toi Aotearoa Act 1994 for the district’s Creative Communities Scheme.

To administer the Creative Communities Scheme according to the guidelines provided by Creative New Zealand and in compliance with the Agreement between Creative New Zealand and Whangarei District Council.

To make decisions on the allocation of the Creative Communities Scheme grants on behalf of Council, and to report those decisions to Council.

9

07/74724

Administration

The appointments of community representatives shall be for a period of three years with the right to renew for a further three years. A staggered cycle of community appointments will ensure the retention of experience, expertise and continuity.

Appointments to the committee shall preferably have a strong interest or personal involvement with the arts sector in the district, following the local body elections and for the duration of that term in office.

Updated Cl.20/05/09

10

4. 2010 Triennial Elections

Reporting Officer: Michael Ronan (Democracy and Legal Services Manager)

Date: 28 February 2010 Vision, Mission and Values Links to our values of Communication, Customer First, Innovation and Excellence, Valuing Partnerships and Visionary Leadership. Local Government Act 2002 – The Four Well-Beings

Cultural: A role for all cultures to participate in the election process.

Economic: Minimal impact.

Environmental: No direct link.

Social: Ensuring transparency and accountability in the election process

Introduction

The 2010 triennial elections are due to be held on Saturday 9 October 2010. As in 2004 and 2007, our Electoral Officer is Dale Ofsoske from Independent Election Services Limited (IESL). Staff will be assisting with the election process under the guidance of the Electoral Officer.

A report from the Electoral Officer detailing legislative requirements that Council must now consider is attached.

Order of Candidate Names

Council has the choice of either resolving to adopt alphabetical order, pseudo-random order or random order. Alphabetical order is recommended as this system has historically been used for local and national elections. There has been some concern that voters may tend to favour those candidates at or near the top of the list however in practice voters tend to look for name recognition, regardless of where in the alphabet the surname lies.

Random order is not recommended due to considerable cost factors.

Early Processing of Returned Voting Documents

Early processing of voting documents allows the Electoral Officer to process individual votes as they are received throughout the voting period (18 September 2010 to 9 October 2010). No totalling of votes is permitted during this period.

11

Whangarei District Council 24 February 2010 Q:COUNCILAGENDAS\2010\Whangarei District Council\24 February\2010 Triennial Elections

Recommendation

1. That the report from Independent Election Services Ltd be received.

2. That, for the purposes of the 2010 triennial elections, Council adopts: the alphabetical order of candidate name in accordance with regulation 31 of the Local Electoral Regulations 2001.

3. That for the purposes of the 2010 Triennial Elections, Council adopts the early processing of returned voting documents in accordance with section 79 of the Local Electoral Act 2001.

Attachment:

2010 Triennial Elections Report from IESL

12

2 February 2010 Page 1 of 9

WHANGAREI DISTRICT COUNCIL: 2010 TRIENNIAL ELECTIONS PRE-ELECTION REPORT TO THE MANAGER DEMOCRACY SERVICES From the Electoral Officer

2 February 2010 Outline The 2010 triennial Council elections will occur on Saturday 9 October 2010. This report, in the form of a ‘checklist’, addresses certain administrative requirements and housekeeping matters for information or actioning. 1. INTRODUCTION

1.1 Background The 2010 triennial elections are due to occur on Saturday 9 October 2010, and must comply with the Local Electoral Act 2001, the Local Electoral Regulations 2001, the New Zealand Public Health & Disability Act 2000 and, to a limited extent, the Local Government Act 2002. The above legislation sets out certain pre-election requirements and choices for a local authority to determine. Such requirements and choices are outlined in this report in a form of a ‘checklist’. These include the appointment of the electoral officer; choice of electoral system; representation arrangements review; order of candidate names on voting documents; adoption of early processing of returned voting documents, checking the eligibility of current non-resident ratepayer electors and Ratepayer Roll qualifications insert with rates notices. In addition, other administrative matters are raised including the election timetable, election Fact Sheet, electoral roll (resident and ratepayer), nationwide ‘Kids Voting’ programme, estimated costs, our contract in the provision of electoral services and regular meetings/training workshops.

2. NARRATIVE 2.1 Appointment of Electoral Officer Section 12 of the Local Electoral Act 2001 requires Council to have appointed at all times an electoral officer.

13

Independent Election Services Ltd

Report for Whangarei District Council


The electoral officer:

cannot be the Council’s chief executive; is a statutory officer of Council but is not required to be an employee of the

Council; remains in office unless he or she dies, resigns, is dismissed from office or

becomes incapable of acting; cannot exercise any powers or duties unless a declaration is made and is current.

The electoral officer for the Whangarei District Council remains as Dale Ofsoske and an electoral officer declaration is attached (Appendix 1). This is required to be renewed before a JP as soon after 1 February 2010 as practicable. Section 13 of the Local Electoral Act 2001 also requires every electoral officer to appoint a deputy electoral officer. The appointed deputy electoral officer for the Whangarei District Council is Judith Ofsoske. ACTION: No further action required. The electoral officer is continuing in his role and has completed the required declaration. 2.2 Electoral System

Section 27 of the Local Electoral Act 2001 permits a local authority to change its electoral system by 12 September two years prior to the next triennial Council election (12 September 2008), except where a poll of electors on the issue has occurred. Council resolved in 2008 that the first past the post (FPP) electoral system will be used again for the 2010 triennial elections and a public notice to this effect was made on 4 September 2008. As no demand for a poll on this issue was received by a due date, the FPP electoral system will be used for the 2010 triennial elections. The STV electoral system will however continue to be used for the Northland District Health Board’s 2010 triennial election. ACTION: No further action required. No demand for a poll was received to Council’s decision to retain the FPP electoral system. 2.3 Maori Representation

Section 19Z of the Local Electoral Act 2001 enables a local authority to consider whether their district should be divided into Maori wards for electoral purposes. Such consideration must be completed by 23 November two years prior to the next triennial Council election (23 November 2008), except where a poll of electors on the issue has occurred. The introduction of Maori wards is optional and not compulsory. As no resolution was made by Council in the required timeframe to introduce Maori wards, there is no change to the current representation arrangements (which have no Maori wards). ACTION: No further action required. Maori representation is not being introduced for the 2010 Council triennial elections.

14




2.4 Representation Arrangements Review Section 19H of the Local Electoral Act 2001 requires each territorial authority to conduct a representation arrangements review at least once every six years, with the first review required in either 2003 or 2006. A representation arrangements review needs to consider, amongst other things: whether the district be represented by wards, and if so, number and names; whether the district be represented at large, or mixture of wards and at large; whether there be communities and community boards; whether there be separate Maori representation; the number of representatives.

Council undertook a representation arrangements review in 2006 for the 2007 triennial elections, and accordingly is not required to undertake its next representation arrangements review until 2012 ACTION: No further action required. Next representation arrangements review is not due until 2012. 2.5 Postal Voting Legislation currently permits two methods of voting – postal or ballot box. Prior to the 2004 triennial elections, a Council resolution was required to adopt postal voting. This is now not required as the default method is postal voting.

ACTION: No action required, as postal voting is the default method of voting.

2.6 Order of Candidate Names on Voting Documents Regulation 31 of the Local Electoral Regulations 2001 permits a local authority to choose between alphabetical, pseudo-random and random order of candidate names to appear on the voting document at the next triennial election. If no decision is made, the order of candidate names defaults to alphabetical. Council resolved to adopt the alphabetical order for the 2007 triennial elections, and is required to consider this issue again for the 2010 triennial elections. ACTION: The following resolution be placed for Council’s consideration at its next ordinary meeting:

‘Council resolves for the 2010 triennial elections to adopt either(i) the alphabetical order of candidate names; or (ii) the pseudo-random order of candidate names; or (iii) the random order of candidates names, as permitted under regulation 31 of the Local Electoral Regulations, 2001.’ 2.7 Early Processing Resolution The early processing of returned voting documents is permitted under section 79 of the Local Electoral Act 2001. The early processing enables returned voting documents, once the Roll Scrutiny process has been completed, to open, extract, check validity and twice capture individual votes electronically. No totalling of votes is permitted prior

15




to the close of voting. These early processing functions are undertaken in a secure environment and under the supervision of a Justice of the Peace. Early processing enables timely and accurate preliminary results to be released as soon as they are available after the close of voting. Council has resolved to allow the early processing of returned voting documents for previous elections, and approval from Council is again sought for this to occur for the 2010 triennial elections. ACTION: The following resolution be placed for Council’s consideration at its next ordinary meeting:

‘Council resolves for the 2010 triennial elections to adopt the early processing of returned voting documents, as permitted under section 79 of the Local Electoral Act 2001’. 2.8 Ratepayer Roll Qualifications Rates Notice Insert Section 39 of the Local Electoral Act 2001 requires all local authorities to issue a notice of the qualifications and procedures for enrolment as a ratepayer elector with at least one rates notice by the end of August in the year of the triennial election. It is recommended that the notice/insert be placed with Council’s first rates instalment notice. It is planned that a nationally approved notice/insert be used (similar to that used prior to the 2007 triennial elections, and printed/distributed by Datamail) so that all local authorities issue the same information. The cost of this notice/insert has been included with the submitted election budget. ACTION: That planning commence with Council’s Rates Group to co-ordinate the issuing of a notice/insert on the Ratepayer Roll, for the first rates instalment delivered. These inserts are now available and we await advice on (i) the date of when the inserts are required for inclusion with the First Rates Instalment and (ii) the mailhouse used by Council for issuing rates notices. 2.9 2010 Election Timetable With an election date of Saturday 9 October 2010, the following key functions and dates will apply: Roll Open for Inspection/Nominations Open: Friday 23 July 2010 Roll Closes/Nominations Close (12 noon): Friday 20 August 2010

Delivery of voting mailers: from Friday17 September 2010

Close of Voting: 12 noon Saturday 9 October 2010

A more detailed timetable is attached (Appendix 2). This was submitted in 2009 for placing on Council’s website. ACTION: No further action required.

16




2.10 Fact Sheet A Fact Sheet summarising aspects of the 2010 triennial election is attached (Appendix 3) and should also be made available to any interested person. This was submitted in 2009 for placing on Council’s website. ACTION: No further action required. 2.11 Vacancies

To be elected at the 2010 elections will be the following positions:

1 x Mayor (elected at large); 13 x Councillors (1-4 elected from 6 wards); 4 x Northland Regional Council Members (Whangarei District Constituency); 7 x Northland District Health Board Members (elected at large).

ACTION: No action required. 2.12 Electoral Roll The electoral roll comprises both the Resident Electoral Roll (electors enrolled on a Parliamentary Roll) and the Ratepayers Electoral Roll (non-resident electors with a property within the district). The Final Electoral Roll used for the 2007 triennial election contained 52,421 electors (52,282 resident electors and 139 ratepayer electors). It is anticipated that the Final Electoral Roll for the 2010 triennial elections will contain approximately 56,000 electors (55,850 resident electors and 150 ratepayer electors). ACTION: No action required. 2.13 Ratepayer Electoral Roll Compilation For the compilation of the 2010 Ratepayer Electoral Roll, a confirmation letter is to be issued to all current (2007) ratepayer electors to ensure eligibility for the new roll. A letter of confirmation is required to be issued during March and April 2010. For us to undertake this, we require an electronic listing (on a CD, or email, on Excel or Access database) of an up to date extract of your property data - containing the fields:

• property address; • ward/community name; • access number (eg billing number) • name of ratepayer; • postal address of ratepayer; • meshblock number - if known.

This data is being provided to us in early February 2010. For any prospective new ratepayer elector, a ‘Ratepayer Elector Enrolment Form’ for the Ratepayer Electoral Roll is attached (Appendix 4) and should be placed in Council offices and libraries as well an on Council’s website for any interested party to download.

17




Once again during the month of May 2010, SOLGM will be undertaking a nationwide information campaign (through all the major daily newspapers) explaining the ratepayer elector qualification and how to enrol. Council’s share of this cost (based on a population share) has been allowed for in the election budget. ACTION: 1. That the Council’s property database be forwarded to the electoral officer in early February, as arranged. 2. That the 2010 ‘Ratepayer Elector Enrolment Form’ be placed on Council’s website, and hardcopies in Council’s offices and library. 2.14 Elected Member Guidelines The Controller and Auditor-General has issued guidelines in the past on correct procedures in dealing with elected members by Council staff in the run-up to triennial elections. The publication is ‘Good Practice for Managing Public Communications by Local Authorities’, and is available (last updated in 2004 but still applicable for the 2010 triennial elections) on-line (www.oag.govt.nz). Current elected members and Council staff should be made aware of the principles contained in the guidelines, particularly Principle 12 – ‘Communications in a pre-election period’. 2.15 2010 Election Logo SOLGM and LGNZ have again developed a logo specific to the 2010 local government elections (refer www.solgm.org.nz). This logo should be used on all election material and placed on Council’s website under their elections section. Guidelines on the use of this logo are attached (Appendix 5) 2.16 Kids Voting In 2001, a ‘Kids Voting’ programme was introduced into New Zealand schools in the Auckland City Council area. The ‘Kids Voting’ programme was based on a similar programme established in the US, where it has been operating for a number of years. In the US programme, although voting is based on precinct (ballot box) voting, it was found adult voter turnout increased by up to 5% where the programme was operating. In New Zealand, the introduction of ‘Kids Voting’ is considered of more benefit in the ‘civics awareness’ area (educating young people on the roles and responsibilities of local and central government) culminating in an authentic practical ‘electoral experience’. An increased adult voter turnout (through discussions on the election in the home) is an added benefit. From 2007, the programme was rolled out on a national basis, through the social studies curriculum (for Year 9 students initially). The Local Government New Zealand-sponsored ‘Growing Active Citizens’ working group supports the programme nationally with a national co-ordinator, to assist Council officers introduce the programme in their local communities. Information regarding this initiative is found on www.kidsvoting.org.nz.

18




ACTION: Council be encouraged to participate, if not already, in the national ‘Kids Voting’ programme. 2.17 Estimated Cost of 2010 Elections The estimated gross cost to conduct the 2010 triennial elections is $228,000 + GST as contained in our contract dated 30 July 2008. This equates to $4.07 + GST per elector (based on 56,000 electors) and compares to the actual 2007 gross election cost of $202,150 + GST ($3.86 + GST per elector). The 2010 estimated gross cost reflects several price rises (Datamail are increasing the cost of voting mailers by 20% and NZ Post are increasing the cost of postage by 4%). On 15 December 2009, confirmation of the estimated cost to conduct the 2010 election was sought, and it was suggested a gross figure of $240,000 + GST be budgeted. Of the total estimated contract cost of $228,000 + GST, cost recovery is anticipated from other organisations (on the basis all authorities require physical elections). It is expected the net cost to Council will be approximately 40% of this amount or $91,200 + GST, this derived as follows: Estimated total cost: 228,000 $4.07 per elector Estimated cost recovery from NRC (30%): 68,400 Estimated cost recovery from NDHB (30%): 68,400 136,800 91,200 $1.63 per elector Under our contract, it is requested that the following sums (totalling $228,000 + GST) be paid on the following dates: 20 April 2010 10,000.00 20 May 2010 10,000.00 20 June 2010 10,000.00 20 July 2010 39,600.00 20 August 2010 39,600.00 20 September 2010 39,600.00 20 October 2010 39,600.00 20 November 2010 39,600.00 228,000.00 + GST A final mop-up of actual costs, known elections, final number of electors etc will be undertaken prior to 24 December 2010. ACTION: Council officers to arrange a payments schedule to the electoral officer based on the above timetable commencing 20 April 2010 and ending 20 November 2010 (with a final ‘mop-up’ of costs by 24 December 2010). An annual retainer of $1,500 + GST has also been agreed for the role of electoral officer, this payable during July each year. 2.18 Regular Meetings We confirm that the Council’s ‘elections co-ordinator’ (to liaise with the electoral officer) is Michael Ronan.

19




It is proposed to hold during 2010 five meetings/training workshops for Independent Election Services Ltd’s clients on the conduct of the 2010 triennial elections. The meeting/training workshops will be held in Auckland and attendance is optional. It is expected that relevant election material (eg nomination material etc) will be transferred at each meeting. Dates to diary are:

o Monday 22 March 2010 o Monday 17 May 2010 o Monday 19 July 2010 o Monday 13 September 2010 o Monday 6 December 2010

ACTION: Council officers with an interest in the 2010 triennial elections to diary the 5 scheduled meetings/training workshops as detailed above (optional).

3. SUMMARY

The following checklist summaries administrative requirements and housekeeping matters, including action points relating to pre-election tasks in the lead-up to the 2010 triennial Council elections:

Task Action Required Due Appointment of electoral officer Completed -

Completion of EO declaration Completed -

Choice of Electoral System Completed -

Choice of Maori Representation Completed -

Representation Review Not required -

Order of Candidate Names Council Resolution Required Mar 2010

Adoption of Early Processing Council Resolution Required Mar 2010

Property Data Provided Liaison with Rates Group Completed Feb 2010

Ratepayer Roll Rates Notice Insert Liaison with Rates Group Required Mar 2010

2010 Election Timetable Completed -

2010 Fact Sheet Completed -

Ratepayer Electors Confirmation Extract from Property Data Required Feb 2010

Ratepayer Roll Enrolment Form Place on Website, Offices Feb 2010

Election Cost Schedule payments Mar 2010

Bi-Monthly Meetings Diary dates -

20




4. RECOMMENDATIONS

It is recommended that the following resolutions be placed for Council’s consideration at its next ordinary meeting:

1. ‘Council resolves for the 2010 triennial elections to adopt either(i) the alphabetical order of candidate names; or (ii) the pseudo-random order of candidate names; or (iii) the random order of candidates names, as permitted under regulation 31 of the Local Electoral Regulations, 2001.’ 2. ‘Council resolves for the 2010 triennial elections to adopt the early processing of returned voting documents, as permitted under section 79 of the Local Electoral Act 2001’.

Author:

Dale Ofsoske Electoral Officer Independent Election Services Ltd for Whangarei District Council wgdc10pre-electionrpt

21

5. William Fraser Memorial Park on Pohe Island Reserve Management Plan

Reporting Officer: Simon Weston (Group Manager Infrastructure and Services)

Date: 10 February 2010 Vision, Mission and Values Adoption of a reserve management plan for William Fraser Memorial Park on Pohe Island will assist Council in attaining its long term goal of creating the ultimate living environment. In doing this Council is demonstrating how visionary leadership can lead to innovation and excellence. Extensive consultation undertaken during the development of the reserve management plan shows that Council values its 'customer first' ethic. It also communicates to residents how they can have input into the development of open space in their District and directly indicates how Council values the partnership that exists between it and the community.

Cultural: The completion of the reserve management plan will assist the protection, maintenance and interpretation of archaeological, historic and cultural sites, places and landscapes.

Economic: The completion of the reserve management plan will improve and streamline the management of the reserves.

Environmental: The completed reserve management plan will aid in centralising and controlling all buildings and construction on site to minimise the impact on recreational activities and seek the enhancement of on site environmental amenity

Social: The reserve management plan will promote recreational, sporting and community services/activities within a coastal reserve environment.

Background

Following the April 2009 recommendation of Council classification of Lots 1, 2 and 3 DP 50843 as Recreation Reserve was undertaken pursuant to Section 16 of the Reserve Act 1977 and consideration given to preparing a revised reserve management plan. While the “Draft Pohe Island Management Plan” had previously been considered by Council between 2004 – 2006 workshops of 20 May and 22 July 2009 indicated that alterations were required in order to recognise changes in existing and anticipated reserve use since 2006. At its meeting of 26 August 2009 Council resolved to notify the amended plan pursuant to the requirements of Section 41(6) of the Reserves Act 1977. At the same meeting naming of the reserve was confirmed and panel of Councillors was appointed to undertake duties corresponding with the notification of the draft reserve management plan (and other activities as required by Section 41 of the Reserves Act 1977) up to, but not including, approval of the reserve management plan.

Notification, Submissions and Hearings

The “William Fraser Memorial Park On Pohe Island Draft Reserve Management Plan - 2009” was publicly notified for submissions on 27 October 2009.

22

Whangarei District Council 24 February 2010 C:\Documents and Settings\robinb\Desktop\Temp\5 William Fraser Memorial Park on Pohe Island - Council Agenda Item - February 2010.docx

Following notification of the plan further public consultation was undertaken through a Hui of 12 November 2009 and a public meeting of 3 December 2009. Public submissions closed 11 January 2010. In all 17 written submissions (including one late submission) were received.

All submissions received were summarised in a report to council’s panel with a recommendation from staff being made. A copy of original submissions received was included in the hearing report. The hearing report is provided as Attachment 1.

The panel heard oral submissions on 27-28 January 2010. In all 9 oral submissions were heard. Council’s panel held the first deliberation session on 28 January 2010 recommending a number of changes to the reserve management plan as a result of submissions received and heard. Following this an amended plan was submitted to the panel for consideration in a second deliberations session of 8 February 2010. Recommendations from the second deliberations session have been incorporated into the plan. A copy of the Hearing Minutes and Deliberation Report has been provided as Attachment 2.

Reserve Management Plan Approval

It is considered that Council has now fulfilled it’s obligations in respect S41(6)(a), S41 (6)(d) and S41(10) of the Reserves Act 1977. In accordance with Council’s resolution of August 2009, the ‘William Fraser Memorial Park On Pohe Island Reserve Management Plan 2010’ is hereby returned to Council for consideration and approval. A full copy of the Reserve Management Plan has been provided as Attachment 3.

Recommendation

1. That the following information be received:

a) “William Fraser Memorial Park On Pohe Island Draft Reserve Management Plan” Hearing Report and Submissions

b) “William Fraser Memorial Park On Pohe Island Draft Reserve Management Plan Hearing Minutes and Deliberation Report

c) William Fraser Memorial Park On Pohe Island Reserve Management Plan 2010.

2. That with the Council Panel having considered all matters raised during the consultation process, considered all written submissions and those presented orally, Council approves the “William Fraser Memorial Park On Pohe Island Reserve Management Plan 2010” pursuant to the requirements of the Reserves Act 1977.

Attachments: (under separate cover)

The following attachments are not available online, if you require copies of these attachments, please contact the Council. 1. “William Fraser Memorial Park On Pohe Island Draft Reserve Management Plan” Hearing

Report and Submissions (TRIM Ref 10/7647)

2. “William Fraser Memorial Park On Pohe Island Draft Reserve Management Plan” Hearing Minutes and Deliberation Report (TRIM Ref 10/9892)

3. William Fraser Memorial Park On Pohe Island Reserve Management Plan 2010 (TRIM Ref 10/9985)

23

6. Statement of Proposal - Review of the Whangarei District Liquor Licensing Policy

Reporting Officer: Grant Couchman (Regulatory Services Manager)

Date: 8 February 2010 Vision, Mission and Values Creating the ultimate living environment. Local Government Act 2002 – The Four Well-Beings

Cultural: The effects of alcohol abuse impacts on all cultures and there are significant benefits to the entire community from minimisation of alcohol abuse through the implementation of effective policy.

Economic: The effects of alcohol abuse impacts on all cultures and there are significant benefits to all people from minimisation of alcohol abuse through the implementation of effective policy.

Environmental: No direct impact.

Social: The effects of alcohol abuse impacts on all cultures and there are significant benefits to all people from minimisation of alcohol abuse through the implementation of effective policy.

With the introduction of the Sale of Liquor Act 1989, District Licensing Agencies (DLA) developed policies to assist licensing inspectors and the DLA secretary to report on individual licences and process applications.

Council adopted a Policy in 1990, with the introduction of the Sale of Liquor Act 1989, and a full review was undertaken in March 2002. Amendments were made in 2004, 2005 and in 2006, relating to sub-delegation powers to determine various applications. The last amendment was made in 2006 requiring special licence applications for school related events, such as school balls and the like, to be reported to and determined by the sitting Agency.

In May 2009 the Agency through the Licensing, Exemptions and Objections Committee (LEOC), received a report which outlined a programme for the review, with the intention that the reviewed Policy would be adopted in March/April 2010. A workshop was held for councillors on 3 December 2009, and the framework and an amended time frame for the review determined. The Policy review is timely given the increasing community concerns about the misuse of alcohol, concerns echoed by the Law Commission in a recent issues paper on the reform of New Zealand’s liquor laws.

Adoption of the Liquor Licensing Policy is not required by the Sale of Liquor Act 1989, nor any other statute, nor is there a requirement to use the special consultative procedure of the Local Government Act 2002 (LGA 02) when undertaking review and adoption of such policy. The Policy however, covers matters of significance to the wider community and it is therefore appropriate to use the special consultative procedure to ensure that every opportunity is available for community participation on the issue. In accordance with Section 87 of the LGA 02, the statement of proposal must provide a comprehensive statement of the reasons for the proposal, an analysis of the reasonably practical options, including the proposal, identified under section 77(1) of the LGA 02, and a draft of the proposed reviewed Policy. In adopting the use of the special consultative procedure, the following time frames are proposed.

24

Whangarei District Council 24 February 2010 C:\Documents and Settings\robinb\Desktop\Temp\6 Statement of proposal-review of Whangarei District Liquor Licensing Policy.DOCX

1. Council considers a statement of proposal which includes the proposed Policy at the Council meeting on Wednesday, 24 February 2010

2. On approving the statement of proposal, the proposal is publically notified in the Whangarei Leader.

3. Submissions are received for a five week period ending Friday, 9 April 2010.

4. Public hearings are undertaken in June 2010.

5. The proposed policy is considered for adoption at the council meeting on Wednesday, 28 July 2010

Recommendation

1. That Council adopts the use of the special consultative procedure under section 83 of the Local Government Act 2002 for the review of the Whangarei District Liquor Licensing Policy.

2. That Council approves the attached statement of proposal for the review of the Liquor Licensing policy and subjects the statement of proposal to the special consultative procedure.

Attachments:

1. Statement of Proposal -Review of Liquor Licensing Policy

2. Appendix 1 to Statement of Proposal – Section 77 Analysis

3. Appendix 2 to Statement of Proposal - Draft Policy

25

10/9035 February 2010 1

Statement of Proposal

Review of the Whangarei District Liquor Licensing Policy

Date – February 2010

26

10/9035 February 2010 2

Preliminary Discussion - Summary of Legislative Requirements

This is a statement of proposal to review the Whangarei District Liquor Licensing Policy and to adopt new policy. The policy deals with licensing and enforcement matters provided for under the Sale of Liquor Act 1989. Adoption of liquor licensing policy is not required by the Sale of Liquor Act 1989 nor any other statute nor is there a requirement to use the special consultative procedure of the Local Government Act 2002 (LGA 02) when undertaking review and adoption of such policy. The policy however covers matters of significance to the wider community and Council has therefore chosen to use the special consultative procedure to ensure that every opportunity is available for community participation. In accordance with Section 87 of the LGA 02, this statement of proposal provides a comprehensive statement of the reasons for the proposal, an analysis of the reasonably practical options, including the proposal, identified under section 77(1) of the LGA 02, and a draft of the proposed reviewed policy (Appendix 2). The section 77 analysis is found in Appendix 1 of this statement of proposal.

Policy Review Process

1. Council considers a statement of proposal which includes the proposed policy at the Council meeting on Wednesday, 24 February 2010.

2. On adoption of the statement of proposal, the proposal is publically notified in the Whangarei Leader.

3. Submissions are received for a five week period ending Friday, 9 April 2010.

4. Public hearings are undertaken in June 2010.

5. The proposed policy is considered for adoption at the Council meeting on Wednesday 28 July 2010.

Special Consultative Procedure

The special consultative procedure as outlined in section 83 of the Local Government Act 2002 can be summarised as follows:

A statement of proposal and a summary of the information in the statement are prepared for consideration by Council. The statement describes the policy and its intent and gives the reasons for the proposal. The proposal includes analysis under section 77 of the Local Government Act 2002.

The summary of the information is included in the statement of proposal. It must be a fair representation of the major matters in the statement of proposal. If approved by Council, the proposal is distributed as widely as reasonably practicable for general consultation. It needs to say where the statement of proposal may be inspected and how a copy may be obtained and the period within which submissions on the proposal may be made to Council.

The statement of proposal will be available for public inspection at Council offices in Whangarei, Ruakaka and Hikurangi, and at public libraries at Whangarei, Kamo, Tikipunga and Onerahi, as well as the Mobile Library.

The summary of information will be distributed as widely as reasonably practicable.

Public notice of the proposal and the consultation being undertaken will be given. That public notice will advise how the persons interested in the proposal may obtain the summary of information and inspect the full proposal and advise of the time within which submissions on the proposal may be made to Council.

Anyone making a submission within the time fixed (which may not be less than a month) is sent written receipt of the submission and is given a reasonable opportunity to be heard (if the submitter requests).

27

10/9035 February 2010 3

An open Council hearing of submissions on the proposal is conducted.

All written submissions on the proposal are made available to the public.

Introduction

The Sale of Liquor Act 1989 provides that each of the 73 territorial authorities in New Zealand has the status of a District Licensing Agency (DLA). In general DLAs consider and determine unopposed liquor licence applications and renewals and unopposed managers’ certificates and renewals to allow them to manage premises that hold a liquor licence. DLAs employ inspectors who report on all applications and undertake inspections of licensed premises. Opposed applications are determined by the Liquor Licensing Authority (LLA) based in Wellington, a central government agency within the Department of Justice.

DLAs have adopted policies to assist with the administrative function of process and determining applications. Commonly policies provided guidelines on permitted hours, information on how applications would be considered and an explanation on the DLA’s approach too enforcement of the

Act. Policies however, are not required by the Act but the Liquor Licensing Authority (LLA) has indicated that it does give weight to them and has encouraged DLA’s to develop policies. Licensing

policy are seen by the LLA as a helpful source of information as to what a local community wanted on liquor licensing matters particularly in respect of paramount issues such as licensing hours. In the case of H L & W J Walker v New Zealand Police, Fisher J stated in part - ‘essentially it (the policy) is the perceptions and desires of the local community as expressed through their elected representatives, presumably after some level of consultation with the community ’.

The weight to be attached to a policy may be affected by the existence or adequacy of the public consultation which preceded it and it is common practice to develop the policy through the special consultative process set down in the Local Government Act 2002.

Council adopted policy in 1990 with the introduction of the Sale of Liquor Act 1989, and a full review was undertaken in March 2002. Amendments were made in 2004, 2005 and in 2006, relating to sub delegation powers to determine various applications. In May 2009 the Agency as Council’s Licensing,

Exemptions and Objections Committee (LEOC), adopted a programme for the review of the policy.

To assist the review, a focus group has been established drawn from various members of the Whangarei Liquor Accord. The Focus group has representation from the Whangarei District Licensing Agency, licensees across the various premises types (restaurants, taverns, nightclubs, sports clubs etc), enforcement agencies (Police, New Zealand Fire Service and Medical Officer of Health) and health care agencies (Northland Health and Northland Road Safety Forum). The focus group have met on four occasions in an endeavour to establish consensus on the ‘big picture’ issues, such as licensing hours.

Finally against this background the Law Commission released an issues paper in July 2009 which raises concerns about liquor abuse in New Zealand and makes recommendations across a wide range of associated issues. The Law Commission is recommending revocation of the Sale of Liquor Act and has indicated that a new statute could be in place by the early part of 2011. If Government adopts the direction set by the Law Commission then the new statute could introduce sweeping changes to the sale of liquor in New Zealand.

Proposed New Policy

It is proposed that the review of the Whangarei DLA Policy will make a number of so called ‘house

keeping’ amendments to the current policy to reflect legislative changes and recent decisions of the LLA relating to the grant of licenses. In summary the proposed reviewed policy, attached in Appendix 2 of this statement of proposal provides for the following matters:

A clear explanation of the roles of the DLA and the LLA

A description of the Council delegations relating to the DLA functions

A summary of the legal requirements relating to each type of liquor licence to assist applicants for these licenses.

28

10/9035 February 2010 4

An enforcement protocol

A decrease in the licensing hours for premises

The use of a one way door system in the Central Business District (CBD) of Whangarei

Assistance with the grant of managers certificates to be used in low risk small businesses.

The most significant matter is the proposal in respect of licensing hours and access to alcohol. An issue facing Councils across the country relates to escalating liquor abuse in communities, which impacts directly at the local level in terms of antisocial behaviour, crime and family violence. There was a 10% increase in the incidence of crime in the Whangarei District associated with liquor abuse reported by the Police in the 12 month period 2008-2009. In July 2009 the Law Commission released an issues paper on the reform of New Zealand’s liquor laws in response to increasing concern about the affects of liquor abuse throughout the country and the Law Commission has favoured cutting back of licensing hours and the introduction of controls such as the one way door programme. The Government is most likely to act on the Law Commission findings in some way and it is envisaged that a new liquor law will replace the Sale of Liquor Act in 2011.

In Whangarei there is concern about the effects of liquor abuse in the CBD associated with both licensed premises and general consumption of alcohol in public places. Sixty five percent (65%) of Whangarei residents surveyed by the 2009 National Business Bureau feel that the Whangarei CBD is unsafe to be in after dark. The CBD is home to a cluster of bars and continues to feature in Police crime statistics. Whangarei is no different to other commercial centres in towns and cities where licensed bars are generally located in one area, attracting both patrons who come into the centre for entertainment as well as those looking for trouble. People who visit pubs and night clubs typically come into town very late having first ‘front loaded’. Front loading is the term given to the practice of consuming alcohol purchased from off licensed premises (supermarkets and bottle stores in particular) prior to gaining entry into pubs and night clubs. Those that gain entry into licensed premises are then supervised, to an extent, whereas those who are denied entry due to intoxication, typically from this front loading, may then cause problems in the CBD.

The Law Commission has identified three overall sets of options to reform liquor licensing in New Zealand based upon overseas intervention. These are supply control, demand reduction and problem limitation.

Supply control measures address the availability of alcohol, and cover outlet density, days and hours of sale, minimum purchase age and/or drinking age and licensing control.

Demand reduction measures seek to reduce alcohol misuse as well as the levels of alcohol related harm. They include policies relating to the pricing and marketing of alcohol, such as tax policies, minimum pricing, price promotions and social marketing programmes.

Problem limitation comes from minimising the impact of harmful consumption through such measures as better enforcement, drink driving policies, healthy sector interventions, and curbing alcohol in public places. The Agency has a primary role to play in supply control

and problem limitation through the ability to adopt policy which deals with licensing

hours and enforcement. The proposed policy which will limit the hours during which alcohol can be sold from all off licensed premises in the District and from on licensed

premises particularly in the CBD is an important tool to minimise the impact of harmful consumption.

29

10/9035 February 2010 5

Discussion - Licensing Hours for On, Off and Club Licensed Premises

The control of licensing hours combined with the use of one way door systems are seen as mechanisms which can assist in the reduction of liquor abuse. The term ‘one way door” is used to refer to an intervention where, after an agreed time, patrons in licensed premises are able to remain in the premises, but cannot re-enter the premises or enter another licensed premises after leaving. Such a system has been used in the Christchurch CBD, albeit on a voluntary basis. An evaluation of the Christchurch City 3.00 am one way door intervention found that while there was no overall reduction in alcohol related crime in the inner city, there were reductions in some subsets of crime. The Christchurch one way door strategy relied on effective working relationships between all parties, including Police and licensees. The Law Commission outlines that a temporal analysis of violent offences in the Police’s ‘National Alcohol Assessment’ shows that these offences peak between 1.00 am and 1.30 am on both Saturday and Sunday mornings so intervention at this time could be of value.

The proposed new policy relating to hours is bold in terms of instigating change to the drinking pattern in the District and in so doing will minimise the opportunity for alcohol abuse. It is a ‘back to

basics’ approach which is supported by the contention that by limiting hours that alcohol is available there is a corresponding limitation on intoxication and associated crime. There is international research supporting this view and more recently the Liquor Licensing Authority in Decision No PH 008/2010 (relating to premises situated in Queenstown), reported that licensed premises hours in Timaru had been reduced in 2007, with a corresponding reduction in violent offences overall, a reduction in the number of people taken into safe custody and a reduction of violent offences near Timaru’s inner city bars.

Currently, policy hours for on licensed premises range from a maximum of 7.00 am until 1.00 am on Friday and Saturday for premises located adjacent to residential areas with no limit for premises isolated from residential areas. Likewise, off licence hours are currently a maximum of 9.00 am to 1.00 am on Friday and Saturday with no limit applied to premises i solated from residential areas. Club licensed premises are permitted to operate Sunday to Thursdays 8.00 am until 11.00 pm, and Friday and Saturdays 8.00 am until 12.00 am where they are located adjacent to residential areas with no limits applied to premises isolated from residential areas.

The Agency, using discretion however, has in the past granted licence hours more extensive than the current policy hours.

In summary the new policy proposes a level playing field for hours across the District with core hours for on, off and club licensed premises. The new policy proposes a reduction in the hours that alcohol can be sold. Essentially the maximum trading hours for on and club licensed premises will be 8.00 am until 1.00 am the following day and Council has additionally identified various options relating to hours for on licensed premises in the Whangarei CBD and for off licences across the District out of concern for the impact that these premises have. It is acknowledged that the public consultation process may point to the desirability of other options but Council believes that the hours promoted in the proposed policy will at the very least promote sound debate. The options are described as follows:

On licensed premises in the CBD

Option 1 : licence hours 8.00 am until 1.00 am the following day. This option provides for restrictive hours which will limit availability of alcohol and minimise opportunity for alcohol abuse.

Option 2 : licence hours 8.00 am until 3.00 am the following day but with a ‘one way door’ system in

place between 1.00 am and 3.00am. This option allows extended trading hours but with strict controls on patrons within licensed premise. With this option in place the only premises trading after 1.00am in the District will be those in the CBD.

Off Licensed premises across the District

Option 1 : licence hours 8.00 am until 8.00 pm. These hours are similar to those favoured by the Law Commission (10.00 am – 8.00 pm) and are aimed at limiting the availability of alcohol which contributes to the practice of ‘front loading’.

30

10/9035 February 2010 6

Option 2: licence hours 8.00am until 10.00pm. These hours while not as restrictive as option 1 will still reduce the hours currently held.

Premises which are located adjacent to residential areas will be required to close earlier which is the situation under the current policy. This strategy is used to ensure that the effect on adjacent residents from both onsite noise (e.g. entertainment noise) and off site noise which is difficult to control (typically patrons and their vehicles in licensed premises car parks and on adjacent roads) is minimised. District Plan rules are not well suited to control such effects and minim ising hours is a strategy long used by the Liquor Licensing Authority to acknowledge this control difficulty. The Law Commission have likewise commented that licensing hours are a matter for Agency Policy rather than District Plan rules under the Resource Management Act.

Where applications for new or renewed on, off and club licenses do not comply with the new policy hours and applicants are unwilling to meet the policy hours then these applications will automatically be forwarded to the Liquor Licensing Authority (LLA) as contested applications. Proposed hours are shown in table 1 and table 2 below.

Table 1 - Proposed Licensing Hours – On, Off, Club Premises

Licence Type Non-Residential Residential

On 8.00 am – 1.00 am Sunday – Thursday 8.00 am – 11.00 pm Friday – Saturday 8.00 am – 1.00 am

Club 8.00 am – 1.00 am Sunday – Thursday 8.00 am – 11.00 pm Friday – Saturday 8.00 am – 12 midnight

Table 2-Proposed Licensing hours CBD and Off Licensed Premises

Licence Type Option 1 Option 2

Off 8.00 am – 8.00 pm 8.00 am – 10.00 pm On Licensed – CBD 8.00 am – 1.00 am 8.00 am – 3.00 am with one way door policy

between 1.00 am and 3.00 am

The policy would allow for a maximum sunset period for 2-3 years dependant on the approach taken and any legislative changes as the result of the current review of liquor licensing laws by the Government. A sunset period would see all premises subject to new hours at a particular date to ensure a level playing field.

Licensing Hours for Special Licences

Special licences are in the nature of a temporary right to sell alcohol for special occasions. Special licenses can be granted under two section of the Sale of Liquor Act 1989.

Under Section 73, the licence authorises the holder of the licence to sel l and supply liquor on the premises or conveyance (e.g. bus, boat) described in the licence, to any person attending any occasion or event or series of occasions or events. A licence under this section would be granted to allow alcohol to be sold at a food and wine festival for example.

Under section 74, a special licence may be granted to the holder of an on licence or to the holder of a club licence authorising the holder from time to time to sell and supply liquor for consumption on the premises, at any time when the premises are required to be closed for the sale of liquor, to persons attending social gatherings of any kind or kinds specified in the licence. Such a licence would be granted to a licensee of a tavern for example, for people to watch live broadcasts of overseas rugby test matches late at night or early in the morning outside of the normal hours held by the tavern.

31

10/9035 February 2010 7

Special licences are intended to allow for events which might occur outside of normal licensing hours and they therefore should not be subjected to restrictions such as one way door regimes. Current Policy provides for special licenses to be granted for the period 7.00 am until 2.00 am (Monday – Saturday) and Sundays 7.00 am – 1.00 am for premises situated adjacent to residential area. There are no limits set for premises isolated from residential areas. It is proposed to slightly adjust these hours.

Special licences are determined solely by the Agency and can be refused without recourse to the LLA. Hours can be set in such a way that where an applicant seeks hours outside of Policy hours the application would then be referred to the sitting Agency for determination at a hearing. This would allow the Agency to consider and grant applications for significant social events in the District such as festivals and rugby world cup events.

The proposed hours for special licences are shown in table 3 below:

Table 3 - Proposed Hours for Special Licenses

Unlicensed premises (halls, convention centres, conveyances etc)

Monday - Sunday 8.00 am – 1.00 am

Licensed premises (On, Off or Club)

Monday – Sunday One hour extension to licence or 8.00 am – 1.00 am whichever are the shorter hours

Licensed premises in CBD Monday - Sunday 8.00 am – 4.00 am the following day, where a one way door policy exists.

Policy implementation

The practice of setting licensing hours in policy is well established and the Liquor Licensing Authority is guided by these at the time of granting new licences. The legal precedent for implementing a reduction in licensing hours through the use of policy adopted as the result of public consultation is found in action taken by the Queenstown Lakes District Council which been successful in achieving reduced trading hours in the commercial centre of Queenstown. Under the existing legal framework, changes to licensing hours are best undertaken at the time that premises licences come up for renewal. Licences are issued for a 12 month period initially and then renewed for a three year period. The changeover to new licensing hours will therefore take up to three years to achieve after the policy is adopted and a ‘lead in’ period must be applied to provide a level playing fields for licensees.

While there is some debate over the use of the one way door programme as a licence condition under the Sale of Liquor Act Council believes that it is a protocol aimed at promoting the responsible consumption of liquor and as such can be implemented under existing legislative framework . Council is encouraged by support given to the one way door strategy by the Law Commission and where policy is adopted will work with the LLA and licensees to introduce the concept.

The affect of the proposed policy hours on licensed premises varies. Across the District there are 82 on licensed premises (taverns, restaurants, hotels, etc) and 68% of these would be required to cut back operating hours under the proposed policy. Club licensed premises generally operate well inside the proposed 8.00 am – 1.00 am regime and only 11 currently operate until 1.00 am.

Off licensed premises will be most affected by the proposed 8.00 am – 10.00 pm regime. Of the 44 premises operating in the District 40 will need to cut back their hours. Sixty percent (60%) will be cut back by 1-2 hours/day, 25% will be cut back 3-5 hours/day and 15 % will need to cut back by 6-8 hours/day. In reality however many premise do not stay open during the full hour permitted by the liquor licence.

There are seven premises out of the 26 CBD licensed premises which would be required to close earlier than currently permitted should a 3.00 am closing strategy be adopted. However, it should be noted that while licensing hours have been granted premises do not necessarily stay open over the extent of these hours and many do not operate the hours granted. For example a number of restaurants hold 5.00 am licences but they do not typically operate this late. It is believed that the proposed policy in reducing trading hours will bring about a change in drinking patterns in the District

32

10/9035 February 2010 8

which will both increase business opportunity for licensees by bringing patrons into town earlier while contributing to a decrease in liquor abuse.

Summary of Information

This is a statement of proposal to review the Whangarei District Liquor Licensing Policy and to adopt new policy. The policy deals with licensing and enforcement matters provided for under the Sale of Liquor Act 1989. The Sale of Liquor Act 1989 provides that each of the 73 territorial authorities in New Zealand has the status of a District Licensing Agency (DLA).In general DLAs consider and determine unopposed liquor licence applications and renewals and unopposed managers’ certificates and renewals to allow them to manage premises that hold a liquor licence. DLAs employ inspectors who report on all applications and undertake inspections of licensed premises. Opposed applications are determined by the Liquor Licensing Authority (LLA) based in Wellington, a central government agency within the Department of Justice.

DLAs have adopted policies to assist with the administrative function of process and determining applications.

An issue facing Councils across the country relates to escalating liquor abuse in communities, which impacts directly at the local level in terms of antisocial behaviour, crime and family violence. There was a 10% increase in the incidence of crime in Whangarei associated with liquor abuse reported by the Police in the 12 month period 2008-2009. In July 2009 the Law Commission released an issues paper on the reform of New Zealand’s liquor laws in response to increasing concern about the affects of liquor abuse throughout the country and the Law Commission has favoured cutting back of licensing hours and the introduction of controls such as the one way door programme. The Government is most likely to act on the Law Commission findings in some way and it is envisaged that a new liquor law will replace the Sale of Liquor Act in 2011.

In Whangarei there is concern about the effects of liquor abuse in the central business District associated with both licensed premises and general consumption of alcohol in public places. Sixty five percent (65%) of Whangarei residents surveyed by the 2009 National Business Bureau feel that the Whangarei Central Business District (CBD) is unsafe to be in after dark. The CBD is home to a cluster of bars and the CBD continues to feature in Police crime statistics. Whangarei is no different to other commercial centres in towns and cities where licensed bars are generally located in one area, attracting both patrons who come into the centre for entertainment as well as those looking for trouble. People who visit pubs and night clubs typically come into town very la te having first ‘front

loaded’. Front loading is the term given to the practice of consuming alcohol purchased from off licensed premises (supermarkets and bottle stores in particular) prior to gaining entry into pubs and night clubs. Those that gain entry into licensed premises are then supervised, to an extent, whereas those who are denied entry due to intoxication, typically from this front loading, may then cause problems in the CBD.

It is proposed that the review of the Whangarei DLA Policy will make a number of so called ‘house

keeping’ amendments to the current policy to reflect legislative changes and recent decisions of the LLA relating to the grant of licenses. In summary the proposed reviewed policy provides for the following matters:

A clear explanation of the roles of the DLA and the LLA

A description of Council delegations relating to the DLA functions

A summary of the legal requirements relating to each type of liquor licence to assist applicants for these licenses.

An enforcement protocol

A decrease in the licensing hours for premises

The use of a one way door system in the Central Business District (CBD) of Whangarei

Assistance with the grant of managers certificates to be used in low risk small businesses.

33

10/9035 February 2010 9

The most significant matter is the proposal in respect of licensing hours and access to alcohol. The control of licensing hours combined with the use of one way door systems are seen as mechanisms which can assist in the reduction of liquor abuse. The Law Commission has identified three overall sets of options to reform liquor licensing in New Zealand based upon overseas intervention. These are supply control, demand reduction and problem limitation.

The Agency has a primary role to play in supply control and problem limitation through the ability to adopt policy which deals with licensing hours and enforcement. The proposed policy which will limit the hours during which alcohol can be sold from all off licensed premises in the District and from on licensed premises particularly in the CBD is an important tool to minimise the impact of harmful consumption.

Availability of Documents

Copies of Council’s statement of proposal for the review of the Whangarei District Liquor Licensing

Policy (including the summary of information) may be inspected and are available at Council offices at Forum North, Whangarei and at Hikurangi and Ruakaka Service Centres and at public libraries in Whangarei, Kamo, Tikipunga and Onerahi as well as the mobile library. The statement of proposal (including the summary of information) is also available on Council’s website: www.wdc.govt.nz

Submissions

A Submission form is attached. A copy can also be found on Council’s website: www.wdc.govt.nz. Alternatively enquiries or submissions on the proposed bylaw may be emailed to [email protected] or mailed to:

Submission-Review of LiquorLlicensing Policy Whangarei District Council Private Bag 9023 Whangarei 0148

The submission period runs from 4 March 2010 and concludes at 4.30pm on Friday, 9 April 2010.

Attachments

1 Analysis of options- section 77, Local Government Act 2002

2 Proposed Liquor Licensing Policy

34

http://www.wdc.govt.nz/

http://www.wdc.govt.nz/

mailto:[email protected]

Whangarei District Council Forum North · Private Bag 9023 · Whangarei 0148 · New Zealand Phone: (09) 430 4200 · 0800 WDC INFO · 0800 932 463 · Fax: (09) 438 7632 Website: http://www.wdc.govt.nz · E-mail: [email protected]

10/9035 February 2010 10

Review of Liquor Licensing Policy

Submission Form

Please send all submissions to

Submissions c/- Mike Henehan Whangarei District Council Private Bag 9023 WHANGAREI 0148

For Office Use Only

Name of person making submission

Name of Organisation (if applicable)

Postal Address

Phone (day): Phone (night) Fax

Other forms of sending Submissions

Fax (09) 438 7632 E-mail [email protected]

Online http://www.wdc.govt.nz/submissions/

Would you like to present your submission in person Yes No

Submission (Use additional pages if necessary)

35

http://www.wdc.govt.nz/submissions/

10/9035 February 2010 11

Appendix 1 to Statement of Proposal

Analysis under Section 77 of the Local Government Act 2002 relating to various liquor licensing matters

The benefits & costs in terms of the present

& future social, economic, environmental &

cultural well-being of the District

The extent to which community

outcomes would be promoted or

achieved in an integrated & efficient

manner

The impact of each option on Council’s ability

to meet present & future needs in relation to

any statutory responsibility

Any other

matters

Review

Policy

Under the Sale of Liquor Act 1989 WDC as a District Licensing Agency plays a central role in the grant of licenses allowing the sale of alcohol

The Policy provides a robust platform under the Sale of Liquor Act to promote & achieve community outcomes in the Whangarei District which enhance public health, public safety & freedom from crime

In the current & future Liquor licensing framework, licensing policy or Local Alcohol Plans as they are proposed to be called are a sanctioned & practical method of meeting statutory responsibility

The proposal relates to the review of existing policy The misuse of alcohol sold from & on premises

has a direct impact on the health & social, economic well-being in the community

Policy is now an established mechanism to permit Council to exercise discretions permitted by the Sale of liquor Act & to promote & enforce the Act in a manner supported by the community

The Policy can reflect current community expectation in terms of how the sale of liquor is managed in the District. Policy should be reviewed from time to time to reflect changing community expectation

Do

nothing

Current policy was last reviewed in 2004 & is not reflective of legislative amendments nor any changing or evolving community expectation relating to how alcohol is sold & consumed in the community

The Law Commission review of liquor licensing laws has outlined growing concerns about alcohol abuse & impact on the wider community

The statutory frame work encourages councils to adopt policy reflective of community expectation for the future

This impact is also felt in the Whangarei District & where the policy was not reviewed Council will be limited in terms of how it can respond to community concerns

Use

District

Plan rules

District Plan rules have been used to control the environmental effects of licensed premises activities (noise, parking, lighting etc) but are not well suited to embody the complexity of social & public health considerations relating to alcohol misuse

District plan rules provide limited scope in managing the effects of alcohol abuse associated with sale from licensed premises

Liquor licensing & alcohol abuse issues are not seen as matters for control under the Resource Management Act

Education Matters dealt with in policy relate to administrative & enforcement requirements & cannot be achieved through education

Education can assist promotion of policy concepts but cannot be used in isolation.

Education can assist policy promotion but cannot be used in isolation

Enact a

Bylaw

There are no powers to make bylaws relating to liquor licensing matters

No power to make a bylaw relating to liquor licensing matters

There are no proposals to enable bylaws to be made relating to liquor licensing matters & changes may well be made to current liquor ban bylaw framework currently provided under the Local Government Act 2002

36

10/9035 February 2010 1

Appendix 1 to Statement of Proposal

Analysis under Section 77 of the Local Government Act 2002 relating to various liquor licensing matters

The benefits & costs in terms of the present

& future social, economic, environmental &

cultural well-being of the District

The extent to which community

outcomes would be promoted or

achieved in an integrated & efficient

manner

The impact of each option on Council’s ability

to meet present & future needs in relation to

any statutory responsibility

Any other

matters

Review

Policy

Under the Sale of Liquor Act 1989 WDC as a District Licensing Agency plays a central role in the grant of licenses allowing the sale of alcohol

The Policy provides a robust platform under the Sale of Liquor Act to promote & achieve community outcomes in the Whangarei District which enhance public health, public safety & freedom from crime

In the current & future Liquor licensing framework, licensing policy or Local Alcohol Plans as they are proposed to be called are a sanctioned & practical method of meeting statutory responsibility

The proposal relates to the review of existing policy The misuse of alcohol sold from & on premises

has a direct impact on the health & social, economic well-being in the community

Policy is now an established mechanism to permit Council to exercise discretions permitted by the Sale of liquor Act & to promote & enforce the Act in a manner supported by the community

The Policy can reflect current community expectation in terms of how the sale of liquor is managed in the District. Policy should be reviewed from time to time to reflect changing community expectation

Do

nothing

Current policy was last reviewed in 2004 & is not reflective of legislative amendments nor any changing or evolving community expectation relating to how alcohol is sold & consumed in the community

The Law Commission review of liquor licensing laws has outlined growing concerns about alcohol abuse & impact on the wider community

The statutory frame work encourages councils to adopt policy reflective of community expectation for the future

This impact is also felt in the Whangarei District & where the policy was not reviewed Council will be limited in terms of how it can respond to community concerns

Use

District

Plan rules

District Plan rules have been used to control the environmental effects of licensed premises activities (noise, parking, lighting etc) but are not well suited to embody the complexity of social & public health considerations relating to alcohol misuse

District plan rules provide limited scope in managing the effects of alcohol abuse associated with sale from licensed premises

Liquor licensing & alcohol abuse issues are not seen as matters for control under the Resource Management Act

Education Matters dealt with in policy relate to administrative & enforcement requirements & cannot be achieved through education

Education can assist promotion of policy concepts but cannot be used in isolation.

Education can assist policy promotion but cannot be used in isolation

Enact a

Bylaw

There are no powers to make bylaws relating to liquor licensing matters

No power to make a bylaw relating to liquor licensing matters

There are no proposals to enable bylaws to be made relating to liquor licensing matters & changes may well be made to current liquor ban bylaw framework currently provided under the Local Government Act 2002

37

WHANGAREI DISTRICT LICENSING AGENCY

Liquor Licensing Policy

DRAFT

2009-2010 review

38

RobinB

Draft

WHANGAREI DISTRICT LICENSING AGENCY POLICY ADOPTED BY COUNCIL ON 6 MARCH 2002

09/92500 1/26 Updated: October 2009

TABLE OF CONTENTS

1 Definitions ............................................................................................. 3

2 Introduction .......................................................................................... 3

3 Object and Content of the Policy .......................................................... 4

4 Strategic Links ....................................................................................... 4

5 Regulatory and Policy Links .................................................................. 4

6 Functions of the Statutory Agencies – A Summary ............................... 4

6.1 THE DISTRICT LICENSING AGENCY (DLA) ................................................... 4

6.2 THE LIQUOR LICENSING AUTHORITY (LLA) ................................................. 5

7 The Whangarei District Licensing Agency – Administrative and Judicial Process .................................................................................................. 6

8 Performance Measures for Staff and Agency Members ........................ 6

9 The Public Role in the Licensing Process .............................................. 7

10 Alcohol Health Promotion and Communication .................................... 7

10.1 YOUTH AS A PRIMARY TARGET WITH PARENTS AND OTHER ADULTS AS A SECONDARY TARGET ................................................................................ 7

10.2 THE GENERAL PUBLIC .............................................................................. 7

10.3 LICENSEES AND THEIR STAFF ..................................................................... 7

10.4 STAFF OF DISTRICT LICENSING AGENCY AND OTHER AGENCIES OR ORGANISATIONS INVOLVED IN THE LICENSING PROCESS ................................. 7

10.5 COMMUNICATION .................................................................................... 8

11 Alcohol Promotions ............................................................................... 8

12 Licensing Hours ..................................................................................... 8

12.1 ON LICENCES (HOTEL, TAVERN, NIGHT CLUB, RESTAURANT, OTHERS) ............. 9

12.1.1 For On Licensed Premises Situated Adjacent to Residential Aeas ......... 9

12.1.2 For On Licensed Premises Isolated from Residential Areas .................. 9

12.1.3 For On Licensed Premises Situated within the Whangarei CBD, (Shown on the Map in Appendix 1 of this Policy) .......................................................... 9

12.2 OFF LICENCES (ALL TYPES INCLUDING ACROSS THE BAR SALES) ........................... 9

12.3 CLUB LICENCES ...................................................................................... 9

12.3.1 For Club Licensed Premises Situated Adjacent to Residential Areas ...... 9

12.3.2 For Club Licensed Premises Isolated from Residential Areas ................ 9

12.4 SPECIAL LICENCES ................................................................................... 9

13 Receiving Applications for Renewal of On, Off and Club Licences Under Sections 18(2)(b), 41(2)(b) and 64(2)(b) of the Act .......................... 10

39



14 Public Notification of On, Off and Club Licenses ................................. 10

15 Provision of Managers ......................................................................... 10

16 On Licence ........................................................................................... 11

16.1 OBJECTIONS ........................................................................................ 11

16.2 ON LICENCE RENEWALS ......................................................................... 12

16.3 ON LICENCE RENEWAL CRITERIA ............................................................. 12

17 Off Licence ........................................................................................... 13

17.1 OBJECTIONS ........................................................................................ 13

17.2 OFF LICENCE RENEWALS ........................................................................ 14

17.3 OFF LICENCE RENEWAL CRITERIA ............................................................ 14

17.4 HOST RESPONSIBILITY – OFF LICENCES .................................................... 15

18 Club Licence Criteria ............................................................................ 15

18.1 OBJECTIONS ........................................................................................ 16

18.2 REPORTING CRITERIA FOR LICENSING INSPECTOR ....................................... 16

18.3 CLUB LICENCE RENEWAL ........................................................................ 16

18.4 CLUB LICENCE RENEWAL CRITERIA ........................................................... 17

19 Special Licence .................................................................................... 17

19.1 OCCASION OR EVENT OR A SERIES OF OCCASIONS OR EVENTS AND SOCIAL GATHERINGS ........................................................................................ 18

19.2 PRIVATE SOCIAL GATHERINGS ON LICENSED PREMISES ................................ 18

19.3 SPECIAL LICENCE PROCEDURE ................................................................. 18

19.4 CRITERIA FOR SPECIAL LICENCES .............................................................. 19

19.5 DESIGNATION OF AREAS FOR SPECIAL LICENCES ............................................. 19

19.6 SEPARATE APPLICATIONS REQUIRED UNDER SECTIONS 73 AND 74 AND FOR UNRELATED SERIES OF EVENTS. ................................................................ 19

19.7 NATURE OF THE PARTICULAR OCCASION .................................................... 19

19.8 UNLICENSED CLUBS – 12 EVENTS/YEAR ........................................................ 20

19.9 APPLICATION FOR SPECIAL LICENCES RELATING TO SCHOOL EVENTS ...................... 20

19.10 CERTIFIED MANAGER IN ATTENDANCE .................................................. 20

20 Manager’s Certificate Criteria ............................................................. 20

20.1 NEW APPLICATIONS ............................................................................... 20

20.2 OWNER/MANAGERS IN LOW RISK PREMISES .................................................... 21

20.3 MANAGER‟S CERTIFICATE RENEWALS ........................................................ 22

20.4 ORDERS FOR TEMPORARY AUTHORITY SECTIONS 24 AND 47 SALE OF LIQUOR ACT 1989 ................................................................................................. 22

20.4.1 Initial Application .......................................................................... 22

20.4.2 Subsequent Applications ............................................................... 22

21 Enforcement Procedures ..................................................................... 22

21.1 LIQUOR LICENSING ENFORCEMENT RESPONSE GUIDELINES ........................... 22

21.2 ENFORCEMENT PROCEDURE ..................................................................... 23

40



1 Definitions

For the purpose of this Policy the following acronyms will be used:

Acronym In Full

ALAC Alcohol and Liquor Advisory Council

CBD Central Business District

Council Whangarei District Council

DLA District Licensing Agency

HANZ Hospitality Association of New Zealand

LLA Liquor Licensing Authority

Policy Liquor Licensing Policy

SCANZ Sport Club Association of New Zealand

The Act Sale of Liquor Act 1989

TLA Territorial Local Authority

2 Introduction

The primary legislation for controlling the sale of liquor in New Zealand is the Sale of Liquor Act 1989 (the Act). The licensing provisions are administered through institutions known as the Liquor Licensing Authority (LLA) and District Licensing Agencies (DLA). Under the Act Territorial Local Authorities (TLA ‟s) perform an important statutory role as DLA‟s, receiving and processing applications for various types of premise licenses, and authorities and certificates held by managers who work in these premises. Licensing agencies must also appoint Licensing Inspectors who report on all applications and monitor the performance of licensees in complying with licensing conditions. The Police and the Medical Officer of Health are also required by the Act to report on applications. There are four different types of licence s which can be granted; On, Off, Club and Special licences. The Act sets down criteria for the granting and operation of these licences, and the processes which the LLA and the DLA must follow in issuing licenses.

The object of the Act is to establish a reasonable system of control over the sale and supply of liquor to the public, with the aim of contributing to the reduction of liquor abuse in so far as that can be achieved by legislative means.

“There is a requirement that the LLA, every DLA and any court hearing an appeal against the decision of the LLA, shall exercise its jurisdiction, powers, and discretions under the Act in the manner that is most likely to promote the object of this Act.”

There is no legal requirement to adopt policy under the Act but Council as a DLA has followed best practice in adopting policy from the time that the Act came into force in 1990. The Policy provides for important community issues such as licensing hours, the DLA approach to enforcement of the Act as well as providing for discretionary matters under the Act, and general information about Agency roles. The LLA has encouraged DLA‟s to adopt policies and gives weight to policy in that they are seen as a mechanism for communities to have a level of

41



input in licensing decisions. In the case of H.L 7 W J Walker v New Zealand Police, Fisher J stated in part “essentially it (the Policy) is the perceptions and desires of the local community as expressed through their elected representatives, presumably after some level of consultation with the community”.

The Whangarei DLA uses the special consultative process of the Local Government Act 2002 to establish the Liquor Licensing Policy (Policy). Council first adopted the Policy in 2000 with the introduction of the Sale of Liquor Act 1989, and has continued to amend and review the Policy over time.

The DLA therefore has a role to play in the reduction of liquor abuse through its responsibilities and obligations under the Act. Council believes that the key to achieving t he aims of the Act is the promotion of responsible attitudes of both licensees and the public in achieving a mature approach to liquor consumption

3 Object and Content of the Policy

The purpose of the Policy is to clearly define Council‟s attitude to and adm inistration of its responsibilities pursuant to the Act. The Policy defines the parameters which guide liquor licensing within the District and specify how the DLA will carry out its statutory functions. The Policy contains guidelines in respect of the hours of operation of licensed premises in or adjacent to residential areas, criteria for the reporting on and approval of licence applications and renewals, enforcement procedures, communication between the various sectors and strategies aiming to reduce liquor abuse.

“The Whangarei DLA shall exercise functions under the Sale of Liquor Act 1989 so as to promote a reasonable system of control over the sale of liquor to the public and through liaison with other agencies and the community and by the development of initiatives shall aim to:

Contribute to the reduction of alcohol abuse.

Reduce the social and economic cost to the community from alcohol abuse .

Create safe drinking environments which will enhance the protection of the health and safety of all citizens through the promotion of host responsibility concepts.”

4 Strategic Links

The Whangarei DLA Policy aligns with the following community outcomes established for the 2009-2012 Long Term Council community Plan:

A District which is safe and crime free.

A community which is healthy and educated.

5 Regulatory and Policy Links

The Whangarei District Liquor Management Bylaw 2005 – liquor bans.

6 Functions of the Statutory Agencies – A Summary

Under the Act the functions of the DLA and the LLA are as follows:

6.1 The District Licensing Agency (DLA)

Performs as a judicial body considering applications on the papers, conducting public hearings, and can act as a commission of enquiry.

42



Determining unopposed applications for On, Off and Club Licences, Managers‟ Certificates and unopposed renewals of On, Off and Club Licences and Managers‟ Certificates.

Determining temporary authority applications (On/Off Licences).

Determining applications under Section 134 of the Act from the Medical Officer of Health and New Zealand Fire Service.

Determining applications for Special Licences.

Appointing one or more Licensing Inspectors. Licensing Inspectors have the following responsibilities under the Act:

Reporting in an independent manner on all applications under the Sale of Liquor Act to the DLA or LLA.

Monitoring licensee compliance within the conditions of licence requirements of the Act and reporting to the DLA or LLA.

Power of entry to any licensed premises at any reasonable time (the inspector must carry a warrant of appointment).

Ability to require to see the premises‟ licence or any records reasonably required to establish compliance with the Act.

Ability to apply to the Licensing Authority for the variation, suspension or cancellation of a licence.

The Agency will observe any statement issued by the LLA under Section 96.

Reporting in an independent manner on all applications under the Sale of Liquor Act to the DLA or LLA.

Monitoring licensee compliance within the conditions of licence requirements of the Act and reporting to the DLA or LLA.

Power of entry to any licensed premises at any reasonable time (the inspector must carry a warrant of appointment).

Ability to request to see the premises‟ licence or any records reasonably required to establish compliance with the Act.

Ability to apply to the Licensing Authority for the variation, suspension or cancellation of a licence.

6.2 The Liquor Licensing Authority (LLA)

The LLA is the Judicial Body administered by the Justice Department consisting of a District Court Judge and two appointed members. The LLA is based in Wellington but members travel around the country to hear applications which have been referred to it. Matters which the LLA deal with include:

Determining opposed applications for On, Off and Club Licences and renewals, Managers Certificates referred to it by DLA‟s and licenses issued under the Winemakers Act 1981.

Determining appeals arising from decisions of DLA's.

Giving direction on sale of liquor matters to DLA's.

Determining applications for variation, suspension or cancellation of On, Off or Club Licences and Managers Certificates from the Police or a Licensing Inspector.

Considering the suspension or cancellation of licences in respect of certain offences (relating to sale and supply of liquor to minors, unauthorised sale or supply, sale or supply to intoxicated persons or allowing persons to become intoxicated) referred to them by the Police.

43



7 The Whangarei District Licensing Agency – Administrative and Judicial Process

Council has a statutory role under the Act as a DLA, and in terms of Section 100 of the Act is required to consider and determine applications for the granting and renewal of uncontested licences (On, Off, Club Licenses and Managers Certificates) and is so lely responsible for applications, both contested and uncontested, relating to special licenses and temporary authorities. Contested applications are otherwise investigated and reported on by Agency Inspectors but sent to the LLA in Wellington for determination. The LLA is also empowered to conduct public hearings, to act as a commission of enquiry and to appoint Licensing Inspectors.

The Act provides that the Chief Executive Officer of the Local Authority shall be the Secretary of the DLA. The Secretary is largely an administrative figure but also has a number of discretionary powers relating to the processing of applications. An example is that the Secretary can determine whether or not a special licence application is to be publically notified. The work of the Secretary in receiving and processing applications is undertaken by environmental health staff.

Section 104 of the Act provides that the Local Authority may delegate to a Committee such powers, duties and discretions as it considers necessary. Section 104 further provides that the Committee, with the approval of the Local Authority, can then sub-delegate to the Secretary or to a Sub Committee, such powers, duties, and discretions as relate to any matter that is the subject of an application to which no objections have been received. The delegations and sub-delegations must be in writing and must state each power, duty and discretion being delegated.

Council uses these powers to delegate various DLA functions to a Sub-Committee and then further down to the Secretary to ensure that applications are dealt with in a timely and efficient manner. These delegations are recorded in Council minutes and are recorded in the delegation manual. The DLA receives around 700 applications under the Act each year, many of them uncontested renewals. A range of processes can be used to determine applications, ranging from public hearings before sitting DLA members (a committee of Council) to issue by DLA staff working under the control of the DLA Secretary (Council‟s Chief Executive Officer). Because these functions can change from time to time they are not described in the Policy, rather shown in Appendix 2 of the Policy which can be amended as appropriate at any time outside of the statutory Policy amendment process. This ensures that the information relating to how the Agency carries out its functions remains current and up to date.

8 Performance Measures for Staff and Agency Members

To apply a customer focus so as to assist all parties to proceedings involving agency responsibilities under the Act, i.e.: Facilitative. Co-operative.

To process filed applications for licenses and certificates within a timely manner.

To perform all functions in accordance with procedure set down in the Act while minimising administrative involvement for any party.

To work in a professional manner with both the liquor industry, the general public and other agencies so to bring about resolution of concerns or complaint in a timely and customer focused manner.

To monitor the performance of licensees and managers in meeting their obligations under the Act in a professional and consistent manner so that licensing inspectors can report on any application filed.

To carry out inspection in a professional and consistent manner.

44



9 The Public Role in the Licensing Process

The DLA encourages public input to the licensing process indirectly through participation in the policy development process, and will make efforts to ensure the general public is aware of its role and functions.

The Whangarei DLA will encourage public participation and consultation in liquor issues generally with a particular emphasis on:

Awareness of the DLA and its role.

Awareness of public responsibility in ensuring a responsible approach to liquor consumption.

10 Alcohol Health Promotion and Communication

The DLA recognises that alcohol is part of New Zealand‟s social fabric and that general public and individuals have a responsibility in respect of maintaining a healthy attitude to alcohol consumption. The Act provides a legislative basis in respect of the sale of alcohol on licensed premises. However, initiatives from statutory agencies, stakeholder groups such as ALAC and the industry (groups such as HANZ, and SCANZ, etc) also encourage a healthy public and industry attitude to alcohol and the reduction of liquor abuse.

The DLA, in collaboration with its regulatory partners, the Whangarei Police and Northland Health will support strategies promoting a responsible atti tude towards the use of alcohol with the public and industry.

Strategies will be targeted at specific groups that are appropriate, from time to time, including:

10.1 Youth as a Primary Target with Parents and Other Adults as a Secondary Target

Strategies will encourage a sensible approach and responsibility with alcohol as well as affirming those who choose not to drink. Strategies will also target the secondary audience of parents, caregivers and other adults by emphasising responsibility in respect to the supply of alcohol (and the impact of adult role model) to minors.

10.2 The General Public

The general public and particularly minors need to be aware of the requirements of the Act, and the fact that the misuse of alcohol can jeopardise the operation of licensed premises.

10.3 Licensees and their Staff

Strategies promoting awareness of licensee and staff responsibility under the Act will continue. Strategies include the provision of information and advice in respect of licensees and licensed premises, staff awareness of and compliance with the legislative requirements.

10.4 Staff of District Licensing Agency and Other Agencies or Organisations Involved in the Licensing Process

In order to carry out their functions and responsibilities in accordance with the Act, it is essential for staff of the DLA and other organisations to be aware of and up to date with, the requirements of the Sale of Liquor Act, along with other relevant legislation or regulations.

45



10.5 Communication

Communication is a key tool in the local licensing process so it is essential that all parties involved communicate regularly and are working towards similar common goals within the bounds of their own legislative or association requirements and purpose. The DLA will continue to liaise with its partners, defined by legislation, and other relevant bodies and groups including ALAC, National Police Headquarters, HANZ, Club New Zealand, SCANZ, etc.

The Whangarei DLA will liaise with other enforcement agencies to promote public awareness of the need for a responsible alcohol consumption and a high level of compliance with legislative requirements.

11 Alcohol Promotions

Section 154A of the Sale of Liquor Act 1989 provides that a licensee or manager of licensed premise commits an offence if they do anything in the promotion of the business conducted on the premises or in the promotion of any event or activity held or conducted on the premises that is likely to encourage persons on the premises to consume alcohol to an excessive extent. This section is aimed at discouraging promotions of the business or any activity that encourages excessive consumption of alcohol.

The “National Protocol on Alcohol Promotions” produced jointly by the Alcohol Advisory Council (ALAC) and the Hospitality Association of New Zealand( HANZ) with assistance from the police and the Local Government Association, gives examples of acceptable and unacceptable practices.

The Whangarei DLA endorses the national protocol and requires all licensees to carry out promotions or activities in accordance with the protocol.

Where the regulatory agencies consider that an activity or promotion infringes the Act, the enforcement procedures as detailed in section 22.1 of the Policy will apply.

12 Licensing Hours

The hours of operation are set by the DLA in terms of this policy or alternatively by the LLA when an application is contested.

Applicants for On, Off and Club Licences must apply for and be granted a certificate from Council that the sale of liquor activity on a particular site complies with the Resource Management Act 1991 which means that activities will comply with rules in the Whangarei District Plan or will have been granted a land use consent. The Resource Management certificate forms part of the application made to the Agency.

Land use consent is granted after careful consideration of the environmental effects (noise, vibration, lighting etc) on any surrounding residential neighbours and Council must be confident that any effects will be less than minor and in compliance with rules in the District Plan. The District Plan does not control operating hours of licensed premises, with one exception, and generally it is this Policy which will determine operating hours. The one exception is for activities in the Business 3 Environment of the District Plan. Where a premise is located within 50 metres of a Living Environment boundary then the operating hours are restrict from 6.00 am to 10.00 am.

Premises which are situated adjacent to residential areas will be required to close earlier. This strategy is used to ensure that the effect on adjacent residents from both on site noise (e.g entertainment noise) and off site noise which is difficult to control (typically patrons and their vehicles in licensed premises car parks and adjacent roads) is minimised. District Plan rules are not well suited to control such noise and such controls are seen as a liquor licensing matter.

46



12.1 On Licences (Hotel, Tavern, Night Club, Restaurant, Others)

The maximum trading hours for all On License premises in the Whangarei District, other than those situated in the Whangarei CBD, are subject to the rules in the Whangarei District Plan and the Resource Management Act 1991 are:

12.1.1 For On Licensed Premises Situated Adjacent to Residential Aeas

Monday - Thursday 8.00 am – 11.00 pm

Friday – Saturday 8.00 am – 1.00 am the following day

Sundays 8.00 am – 11.00 pm.

12.1.2 For On Licensed Premises Isolated from Residential Areas

Monday to Sunday 8.00 am – 1.00 am.

12.1.3 For On Licensed Premises Situated within the Whangarei CBD, (Shown on the Map in Appendix 1 of this Policy)

Option 1 Option 2

Monday – Sunday

8.00 am – 1.00 am the following day.

Monday – Sunday

8.00 am – 3.00 am the following day - with a one way door system in place between 1.00 am and 3.00 am

12.2 Off Licences (All Types Including Across the Bar Sales)

The maximum trading hours for off licensed premises in the District, including across the bar sales in hotels, taverns and club licensed premises shall be as follows:

Option 1 Option 2

Monday – Sunday

8.00 am – 8.00 pm

Monday – Sunday

8.00 am – 10.00 pm

Note: where electronic sales are made and no alcohol is stored on the premises then no restrictions on hours apply under this policy.

12.3 Club Licences

The maximum trading hours for Club Licensed premises in the District shall be as follows.

12.3.1 For Club Licensed Premises Situated Adjacent to Residential Areas

Sunday – Thursday 8.00 am – 11.00pm

Friday – Saturday 8.00 am – 12.00 midnight.

12.3.2 For Club Licensed Premises Isolated from Residential Areas

Monday - Sunday 8.00 am – 1.00 am the following day

Any application for an On Licence, Off Licence or a Club Licence which exceeds the hours of operation permitted by this Policy will be opposed and forwarded to the LLA for determination.

12.4 Special licences

The maximum trading hours for special licensed premises in the District shall be as follows:

47


09/92500 10/26 Updated: October 2009

For On, Off and Club licensed premises (other than On, Off licensed premises located within the Whangarei CBD):

1 hour extension to the hours held as a condition of licence, or

8.00 am – 1.00 am the following day which ever is the shorter hours.

For any premises situated within the Whangarei CBD:


For non licensed premises (halls, conference centres etc)


Any hours sought for special licences outside of these hours must be determined by the sitting Agency.

13 Receiving Applications for Renewal of On, Off and Club Licences Under Sections 18(2)(b), 41(2)(b) and 64(2)(b) of the Act

The DLA will exercise discretion under the Act to allow applications for the renewal of On, Off and Club Licences to be made not later than the date of expiry of the licence.

14 Public Notification of On, Off and Club Licenses

For the purpose of public notification, the following newspapers are nominated by the DLA Secretary:

Northern Advocate.

Whangarei Report.

Whangarei Leader.

15 Provision of Managers

Section 115 of the Act requires that when liquor is being sold or supplied to the public on any licensed premises a manager must be on duty and is responsible for compliance with, and enforcement of the provisions of the Act, the conditions of the license in force, in respect of the premises and the conduct of the premises with the aim of contributing to the reduction in liquor abuse. From time to time the DLA receives applications for On and Off License to operate extensive hours but without an adequate number of managers to cover the hours. The DLA is concerned that such a situation may culminate in premises being operated without a duty manager and requires that, where an application is received for an On or Off License, the applicant show that adequate numbers of managers have been employed to cover the hours sought as provided in the following table.

The DLA may grant but not issue a license subject to an applicant providing an adequate number of managers.

The formula for this purpose when determining any new or renewal of license is:

Hours per week Number of certified managers required

Under 60 hours 1 manager

60-120 hours 2 managers

Over120 hours 3 managers or more, determined on each application

48


09/92500 11/26 Updated: October 2009

16 On Licence

An On Licence authorises the sale and supply of alcohol for consumption on the licensed premises and includes hotels (where accommodation is also offered), taverns, restaurants, night clubs and other premises such as bowling alleys. An endorsed On Licence can be obtained to allow bring your own (BYO) alcohol into restaurants.

An application for an On Licence must be accompanied by certificates from the Local Authority (Council) that the premises complies with the Resource Management Act 1991 and the Buildi ng Act 1995. Once the application is made the applicant must make public notice in a local newspaper twice within 20 days of the date of application. Notice must also be displayed on the premise. The Licensing Inspector, Police and Medical Officer of Health are required to report to the Agency on the application.

Section 13 of the Act sets down the matters which must be considered by the DLA or the Licensing Authority in determining an application. The licensing inspectors must report on all of these matters. Section 13 provides as follows:

“In considering any application for an On License, the Licensing Authority or DLA, as the case may be, must have regard to the following matters: a) The suitability of the applicant. b) The days on which and the hours during which the applicant proposes to sell liquor. c) The areas of the premises or conveyance, if any, that the applicant proposes should be

designated as restricted areas or supervised areas. d) The steps proposed to be taken by the applicant to ensure that the requirements of this

Act in relation to the sale of liquor to prohibited persons are observed . e) The applicant's proposals relating to:

(i) The sale and supply of non-alcoholic refreshments and food, (ii) The sale and supply of low-alcohol beverages, and (iii) The provision of assistance with or information about alternative forms of transport

from the licensed premises. f) Whether the applicant is engaged, or proposes to engage in:

(i) The sale or supply of any other goods besides liquor and food, or (ii) The provision of any services other than those directly related to the sal e or supply

of liquor and food, and, if so, the nature of those goods or services.

g) Any matters dealt with in any report made under Section 11 of this Act. h) The Licensing Authority or DLA, as the case may be, must not take into account any

prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.”

16.1 Objections

Where objections are made the Licensing Inspector must provide comment as to the status of the objection in terms of determining:

Whether the objector has a greater interest in the application than the public generally.

That the matters to which the objection relates are matters specified in Section 13(1) of the Sale of Liquor Act 1989.

The status of an objector is important because it will determine how the application for a licence will be dealt with. Where status cannot be claimed then the application will be unopposed and dealt with by the Whangarei DLA. Where status is accepted, then the application is deemed to be opposed and must be referred to the LLA for determination (other than special licenses). The Licensing Inspector needs to take particular care to establish validity of the objector‟s status.

The LLA has adopted the practice of corresponding with objectors to ascertain if they wish to be heard at the public hearing or to clarify the validity of objections which appear not to comply with Section 10. However in some circumstances, where there is wide spread

49

http://www.legislation.govt.nz/act/public/1989/0063/latest/link.aspx?id=DLM165365#DLM165365


09/92500 12/26 Updated: October 2009

opposition to an application but status is not validated, a public hearing has been convened in an endeavour to allow for a natural course of justice. The Whangarei DLA requires its Licensing Inspectors to fully investigate and report on the status of any objector with t he aim of promoting public participation in the licensing process within the authorities provided by the Act.

Where objections are received which appear not to comply with Section 10, the Licensing Inspector shall communicate or meet with the objector to c larify the validity of the objection.

16.2 On Licence Renewals

All On Licences are required to be renewed after an initial 12 month period and then every three years thereafter. The DLA will send a reminder notice to all licensees that their licence is due for renewal. It is however, the responsibility of the licensee to ensure that the renewal application is lodged on time.

16.3 On Licence Renewal Criteria

The criteria for which the DLA will consider an application for renewal of an On Licence includes all relevant matters raised by the Police, Medical Officer of Health or in the Licensing Inspector‟s report.

Matters considered will include, but are not be restricted to, the following:

Inspection of the premises to assess compliance with the Act and Licence.

Number of certified managers as outlined in the formula in Section 12.

Any reports or complaints relating to the sale or supply of liquor to minors, intoxication, behavioural problems, motor vehicle accidents, violence or any other anti -social acts or consequences in which the management of the premises is a factor.

The adequacy and implementation of the premises Host Responsibility Policy.

Any adverse environmental impact.

Any objections/concerns lodged through the public process or raised by affected parties.

The approach of the management of the premises to the Act and its requirements.

Promotion of the premises and control of liquor abuse (is the management philosophy in keeping with the spirit of the Act?).

In undertaking the outcome review of each premise, the DLA and/or its inspector may take into account the following:

Information obtained from any public complaint relating to the premises directly or indirectly.

Information obtained from the Police, Medical Officer of Health, Fire Service or any other body considered appropriate by the Inspector or DLA.

Information obtained from any independent study or monitoring commissioned by or undertaken on behalf of the DLA.

Any other information/source that the DLA deems appropriate.

The suitability of the premises and effects of any variation to the conditions sought by the applicant.

In addition to the above criteria the Licensing Inspector may also take into account the required reporting criteria for On Licence applications.

50


09/92500 13/26 Updated: October 2009

17 Off Licence

An off licence authorises the sale or delivery of alcohol on or from the premises described in the licence for consumption off the premises. Examples are bottle stores supermarkets, grocery and general stores, and across the bar sales in hotels, taverns and certain clubs. Restaurants are precluded from having an off licence as are sports clubs, dairies and petrol stations. Auctioneers can obtain an endorsed off licence to sell alcohol at an auction. There are restrictions on supermarkets and grocery stores to sell only beer and wine but general stores can sell all types of alcohol. There are provisions in the Act which identify the difference between supermarkets, grocery stores and general stores, and require applicants in respect of these licences, to provide specific information relating to business finances and to economic considerations.

An application for an off licence must be accompanied by certificates from the Local Authority (Council) that the premises complies with the Resource Management Act 1991 and the Building Act 1995. Once the application is made the applicant must make public notice in a local news paper, twice within 20 days of the date of application. Notice must also be displayed on the premises. The Licensing Inspector and Police are required to report on the application to the Agency.

Section 35 of the Act sets down the matters which must be considered by the DLA or the Licensing Authority in determining an application. The licensing inspector must report on each of these matters. Section 35 provides as follows.

“ In considering any application for an Off Licence, the Licensing Authority or DLA, as the case may be, must have regard to the following matters: a) The suitability of the applicant. b) The days on which and the hours during which the applicant proposes to sel l liquor. c) The areas of the premises, if any, that the applicant proposes should be designated as

restricted areas or supervised areas. d) The steps proposed to be taken by the applicant to ensure that the requirements of this

Act in relation to the sale of liquor to prohibited persons are observed. e) Whether the applicant is engaged, or proposes to engage, in:

(i) The sale or supply of any other goods besides liquor, (ii) The provision of any services other than those directly related to the sale or supply

of liquor, and, if so, the nature of those goods or services:

f) Any matters dealt with in any report made under Section 33 of this Act. g) The Licensing Authority or DLA, as the case may be, must not take into account any

prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.”

17.1 Objections



That the maters to which the objection relates are matters specified in Section 13(1) of the Act.

The status of an objector is important because it will determine how the application for a licence will be dealt with. Where status cannot be claimed then the application will be unopposed and dealt with by the Whangarei DLA. Where status is accepted, then the application is deemed to be opposed and must be referred to the LLA for determination (other than special licenses). The Licensing Inspector needs to take particular care to establish validity of the objectors‟ status.

The LLA has adopted the practice of corresponding with objectors to ascertain if they wish to be heard at the public hearing or to clarify the validity of objections which appear not to

51



09/92500 14/26 Updated: October 2009

comply with Section 10. However, in some circumstances where there is wide spread opposition to an application but status is not validated, a public hearing has been convened in an endeavour to allow for a natural course of justice. The Whangarei DLA requires its Licensing Inspectors to fully investigate and report on the status of any objector with the aim of promoting public participation in the licensing process within the process set down by the Act.

Where objections are received which appear not to comply with Section 10, the Licensing Inspector shall communicate or meet with the objector to clarify the validity of the objection.

17.2 Off Licence Renewals

All Off Licences are required to be renewed after an initial 12 month period and then every three years thereafter. The DLA will send a reminder notice to all licensees that their licence is due for renewal. It is however the responsibility of the licensee to ensure that the renewal application is lodged on time.

17.3 Off Licence Renewal Criteria

The criteria for which the DLA will consider an uncontested application for renewal of an Off Licence includes all relevant matters raised by the Police or in the Licensing Inspector‟s Report.

Matters considered will include, but not are not restricted to, the following:

Inspection of the premises to assess compliance with Act and Licence.

Number of certified managers as outlined in formula in Section 13.

Any reports or complaints relating to the sale or supply of liquor to minors or intoxicated persons, or any other consequences in which the management of the premises is a factor.



Any objections/concerns lodged through the public process or raised by any affected parties.


Promotion of the premises and control of liquor abuse (is the management philosophy in keeping with the spirit of the Sale of Liquor Act?).

In undertaking the outcome review of each premise, the DLA and/or its Inspector may take into account the following:


Information obtained from the Police or Medical Officer of Health, Fire Service or any other body considered appropriate by the Inspector or DLA.




In addition to the above criteria the Licensing Inspector may also take into account the required reporting criteria for Off Licence applications.

52


09/92500 15/26 Updated: October 2009

17.4 Host Responsibility – Off Licences

Off licensed premises should have their own Host Responsibility Policy. While it is obvious that the requirements for an Off Licence are considerably different from that of an On or Club Licence, the DLA believe that Off Licence premises ‟ should have a Host Responsibility Policy appropriate to its particular operation. The Host Responsibility Policy for an Off Licence premises should include requirements such as measures to ensure that sales to minors or intoxicated persons do not take place as well as other measures aimed at reducing alcohol abuse, like the availability and promotion of low alcohol beers, non-alcoholic drinks, and the display of appropriate cautionary measures.

18 Club Licence Criteria

A club Licence authorises the sale and supply of alcohol for consumption on the club premises to any member of the club or any person who is a guest of, or who is accompanied by, a member of the club, and to any member of any other club with which the holder of the licence has an arrangement for reciprocal visiting rights. Clubs must be incorporated to hold a licence.

An application for a club licence must be accompanied by certificates from the Local Authority (Council) that the premises complies with the Resource Management Act 1991 and the Building Act 1995. Once the application is made the applicant must make public notice in a local news paper, twice within 20 days of the date of application. Notice must also be displayed on the premises. The Licensing Inspector, Police and Medical Officer of Health are required to report on the application to the Agency.

Section 59 of the Act sets down the matters which must be considered by the DLA or the Licensing Authority in determining an application. The licensing inspectors must report on each of these matters. Section 59 provides as follows:

“ In considering any application for a club licence, the Licensing Authority or DLA, as the case may be, must have regard to the following matters:

a) The suitability of the applicant.

b) The days on which and the hours during which the applicant proposes to sell liquor.

c) The days on which and the hours during which the premises are used for the club's activities.

d) The areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas.

e) The proportion of the membership of the club who are prohibited persons.

f) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed.

g) The applicant's proposals relating to:

(i) The sale and supply of non-alcoholic refreshments and food,

(ii) The sale and supply of low-alcohol beverages,

(iii) The provision of assistance with or information about alternative forms of transport from the licensed premises.

h) Any matters dealt with in any report made under Section 57 of this Act.

i) Before granting an application for a club licence, the Licensing Authority or DLA, as the case may be, must require to be satisfied that the predominant purpose for which the premises are or will be used is other than the consumption of liquor.

j) The Licensing Authority shall not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.

53



09/92500 16/26 Updated: October 2009

18.1 Objections



That the matters to which the objection relates are matters specified in Section 13(1) of the Act.

The status of an objector is important because it will determine how the application for a licence will be dealt with. Where status cannot be claimed then the application will be unopposed and dealt with by the Whangarei DLA. Where status is accepted, then the application is deemed to be opposed and must be referred to the LLA for determination (other than special licenses). The Licensing Inspector needs to take particular care to establish validity of the objectors‟ status.

The LLA has adopted the practice of corresponding with objectors to ascertain if they wish to be heard at the public hearing or to clarify the validity of objections wh ich appear not to comply with Section 10. However, in some circumstances where there is wide spread opposition to an application but status is not validated, a public hearing has been convened in an endeavour to allow for a natural course of justice. The Whangarei DLA requires its Licensing Inspectors to fully investigate and report on the status of any objector with the aim of promoting public participation in the licensing process within the authorities provided by the Act.

Where objections are received which appear not to comply with Section 10, the Licensing Inspector shall communicate or meet with the objector to clarify the validity of the objection.

18.2 Reporting Criteria for Licensing Inspector

The Licensing Inspector‟s report in respect of a Club Licence application will take into account the following:

The nature and activities of the Club.

The size and membership and degree of social activities.

The hours of operation and their relevance to the Club‟s prime activity.

Compliance of the premises with other relevant legislation.

Matters raised in objection to the application.

The Club‟s Host Responsibility Policy (includes food, non/low alcohol drink and transport).

The persons or types of person to whom liquor may be sold pursuant to the licence.

Any other matters in respect of the application promoting the responsible consumption of liquor.

The need to recommend whether or not the licence should be granted and any special conditions/circumstances.

Are the club premises on Council or Reserve property with any special conditions applying.

18.3 Club Licence Renewal

All club licences are required to be renewed after an initial 12 month period and then every three years thereafter. The DLA will send a reminder notice to all licensees that their licence is due for renewal. It is however the responsibility of the club to ensure that the renewal application is lodged on time.

54


09/92500 17/26 Updated: October 2009

18.4 Club Licence Renewal Criteria

The criteria under which the DLA will consider an application for renewal of a club licence will include all relevant matters raised by the Police, Medical Officer of Health or in the Licensing Inspector‟s Report.

Matters considered will include, but not be restricted to, the following:

Inspection of the premises to assess compliance with Act and Licence.

Number of certified managers as outlined in formula in Section 14.

Evidence of the sale or supply of liquor to minors, intoxication, behavioural problems, motor vehicle accidents, violence or any other anti-social acts or consequences in which the management of the premises is a factor.



Any objections/concerns lodged through the public process or raised by any affected parties.


Promotion of the premises and control of liquor abuse (is the management philosophy in keeping with the spirit of the Act?).

In undertaking the assessment of each premise, the DLA and/or its inspector may take into account the following:


Information obtained from the Police, Medical Officer of Health, Fire Service or any other body considered appropriate by the Inspector or DLA.




In addition to the above criteria the Licensing Inspector may also take into account the required reporting criteria for Club Licence applications.

19 Special Licence

Special licences provide a right to sell alcohol for special events. The Act sets out who may hold a special licence, how it is applied for and the criteria which apply to them. A Special Licence can be issued pursuant to either Section 73 or 74 of the Act. A Special Licence issued under Section 73 authorises the holder of the licence to sell and supply liquor on the premises or conveyance described in the licence to anyone attending any occasion or event or series of occasions or events described in the licence.

A Special Licence issued under Section 74 authorises the holder of an On or Club Licence to sell and supply liquor for consumption on the premises, at any time when the premises are required to be closed for the sale of liquor, to persons attending social gatherings of any kind specified in the licence.

55


09/92500 18/26 Updated: October 2009

19.1 Occasion or Event or a Series of Occasions or Events and Social Gatherings

An occasion or event or series of occasions or events can be any lawful purpose. A Special Licence must not be used in substitution for a substantive On, Off or Club Licence. A social gathering must involve people sharing a common interest with the principal activity of the function being something other than the consumption of liquor. There i s a need to separate an “occasion or event” or “series of occasions or events” and “social gatherings” from a regular activity that would be covered by an On, Off or Club Licence.

This Policy endeavours to define the legitimate use of a Special Licence and the point at which the activity is one for which an On, Off or Club Licence should be sought. This is a general policy only and should be applied in respect of the merits of each particular special licence application.

The Whangarei DLA will apply the criteria for the following events:

An occasion or an event can be any identifiable event and should be outside the usual or regular activities of an On, Off or Club Licensed premises.

A series of occasions or events is defined as a series of related events o r activities which has specified beginning and end points.

A Special Licence can be used for any lawful activity that does not fall into the regular activity of any other category of licence specified in the Act.

A Special Licence will not be issued where, in the opinion of the DLA, the extent or regularity of the activity is such that an On, Off or Club Licence is required by the Act.

In all cases the supplier of alcohol to be sold under the Special Licence must be the applicant.

19.2 Private Social Gatherings on Licensed Premises

If a private social gathering (e.g. a wedding or birthday party) is being held on a licensed premises outside the hours or conditions of the licence and the host of the function is giving the liquor to their guests and paying the licensee for the cost afterwards, the person selling the liquor (i.e. the licence holder) requires a Special Licence.

19.3 Special Licence Procedure

All applications for Special Licences should be submitted at least 20 days prior to the event. Applications received later than 20 days prior to the event will be accepted and processed only where, in the opinion of the DLA Secretary or a delegated officer, it is practicable to do so.

All applications for Special Licences will be referred to the Police and Licensing Inspector for reports as required by the Act.

Where the DLA (Secretary or delegated officer) consider it appropriate the Medical Officer of Health and the New Zealand Fire Service may also be consulted and requested to comment on a particular special licence application.

The Secretary of the DLA (or delegated officer) may require public notice of a special licence application.

Where there are no objections or matters raised in opposition by the Licensing Inspector or Police, the Special Licence will be granted subject to any conditions imposed by the DLA.

Where there are objections or the Licensing Inspector or Police raise any matters in opposition to a Special Licence application, the matter will be determined by the Agency at a public hearing.

56


09/92500 19/26 Updated: October 2009

The applicant will also have the opportunity to meet with the reporting Licensing Inspector in order to resolve any matters in opposition before the application proceeds to a public hearing.

19.4 Criteria for special licences

Section 79 of the Act provides as follows:

In considering any application for a special licence, the DLA shall have regard to the following matters:

a) The nature of the particular occasion or event or series of occasions or events in respect of which the licence is sought.

b) The suitability of the applicant.

c) The days on which and the hours during which the applicant proposes to sell liquor.

d) The areas of the premises or conveyance, if any, that the applicant proposes should be designated as restricted areas or supervised areas.

e) The steps proposed to be taken by the applicant to ensure that the requirements of this Act in relation to the sale of liquor to prohibited persons are observed.

f) The applicant's proposals relating to:

(i) The sale and supply of non-alcoholic refreshments and food,

(ii) The sale and supply of low-alcohol beverages,

(iii) The provision of assistance with or information about alternative forms of transport from the licensed premises.

g) Any reports made under Section 78 of this Act.

h) The DLA shall not take into account any prejudicial effect that the grant of the licence may have on the business conducted pursuant to any other licence.

19.5 Designation of Areas for Special Licences

The DLA may require that a particular area in respect of a Special Licence be designated either a restricted or supervised area in accordance with the Act.

Generally premises licensed under a special licence shall not be designated „restricted‟ or „supervised‟. However, where there is concern about the likelihood of patronage or presence of minors or at the request of the applicant, an appropriate designation taking into account the nature of the event can be made as recommended in the inspectors report. .

19.6 Separate Applications Required Under Sections 73 and 74 and for unrelated series of events.

Applications for special licence shall be made either in terms of Section 73 or Section 74 o f the Act. Any application for a series of related events (“series” is defined as “a group or succession of related things: a number of things of which each is similar to the preceding.”) over a 12 month period can be made on a single application. Where a series of unrelated individual events are planned then a separate application will need to be made for each event. The DLA is guided by Gisbourne RSA Club LLA Decision 301/98 and Invercargill Workingmans Club Inc LLA Decision PH50/02.

19.7 Nature of the Particular Occasion

Should an event or occasion for which a Special Licence has been issued be postponed the licence will have effect in respect of the day to which it is to be held , provided the Licensing Inspector is notified in sufficient time to enable an amendment to be made to the licence

57



09/92500 20/26 Updated: October 2009

issued and for the police to be notified. The Inspector shall sign and date such amendment to the licence.

19.8 Unlicensed Clubs – 12 events/year

Where a small club or organisation wishes to hold events at which alcohol is sold to members in what would otherwise be deemed to be a club activity, and it is not economically viable for the club or organisation to hold a Club Licence then the DLA will grant a special licence or licences for up to 12 occasions in any 12 month period.

19.9 Application for special licences relating to school events

Where a special licence application is for an event promoted by a school and to which students who are minors can attend ( for example school leavers ball) then the application shall be placed before the sitting Agency for determination.

19.10 Certified Manager in Attendance

Managers will generally be required to be appointed for multiple and/or commercial oriented operations and unincorporated clubs.

Private, charitable single occasion functions will generally be exempt.

20 Manager’s Certificate Criteria

20.1 New Applications

Regulation 20 of The Sale of Liquor Regulations 1990 provides that an application for a manager‟s certificate must be in a form specified by the regulations (form 18) and that an application shall contain certain information. Generally, an application should not be made where the applicant has neither training nor recent experience in managing licensed premises in a situation where the grant of a manager‟s certificate is unlikely to occur, taking into account licensing authority decisions in respect of tra ining and experience. While acknowledging that each application must be considered on its merits, the Whangarei DLA is of the view that applications should contain adequate information for reporting agencies to properly report on, and that applications should have adequate training and experience in managing licensed premises as required by Section 121 of the Act. The one exception to this is for low risk businesses as outlined in clause 20.2 of this policy.

The DLA requires that any applicant for a manager‟s certificate shall provide the following information.

The application to be completed in full and signed by the applicant.

Three copies of the application must be approved.

The application must contain a CV which outlines work experience including contact persons who may be contacted by the reporting officers.

The application must contain a character reference (from someone other than a family member).

The applicant for a general managers certificate must have a copy of the Licensed Controller Qualification. ( LCQ)

The applicant must have a minimum of three months experience managing licensed premises in New Zealand and the application must contain documented evidence of this experience.

58


09/92500 21/26 Updated: October 2009

The Act defines the process for considering applications for Managers Certificates. Unopposed applications are considered by the DLA while applications that are opposed by the Licensing Inspector or Police are referred to the LLA. The DLA or LLA must have regard to the following matters when considering an application for a Manager‟s Certificate:

The applicant‟s character and reputation.

Any criminal convictions.

Experience, in particular recent experience, in the management of licensed premises.

Training, in particular recent training, that the applicant has undertaken.

Issues raised by the reports from the Inspector and the Police.

For club manager‟s applications the DLA will also consider their involvement in the Club‟s activities.

Applications for Managers Certificates are referred to the Licensing Inspector and Police for reports. The Licensing Inspector and Police will report to the DLA on the suitability of the applicant in respect of the above criteria.

20.2 Owner/managers in low risk premises

As outlined in 20.1 above, applicants for general manager‟s certificates generally must have 3 months experience in managing licensed premises and hold an LCQ to be able to obtain a certificate. On taking over or opening licensed premises, business owners must have certificated managers on site at all times alcohol is offered for sale to the public. In entering into the hospitality industry, new owners need to plan ahead to provide managers either through employment of additional certificated staff or undertaking training themselves and gaining the prerequisite 3 months experience before applying for and gaining a managers certificate. In some circumstances this can be difficult for small business owners and may be the difference between a business success or otherwise. The DLA wishes to promote small economic growth alongside responsible alcohol consumption. The DLA may grant managers certificates to applicants who do not have experience in managing licensed premises in the following circumstances or similar.

The applicant has made application for an On licence relating to a café/restaurant operation which is low risk, for example the only alcohol to be sold is for lunch time dining.

The applicant has made application for an On licence relating to a motel operation where the only alcohol sold is in room bars or associated with dining.

The businesses are small family operations ( sole operator or 2 partners)

The applicant has experience in managing successful businesses or other ventures either in NZ or overseas.

The applicant is in all other aspects suitable to hold a licence, having gained the LCQ etc.

Where the DLA grants such a managers certificate then it will be granted on signed agreement between the holder, police and DLA, that the use of the certificate is restricted to the particular premises which is subject to the On Licence and that failure to comply with that requirement will reflect on suitability to hold the certificate. The certificate would be issued concurrently at the time of the On Licence issue.

59


09/92500 22/26 Updated: October 2009

20.3 Manager’s Certificate Renewals

Applications for renewal of Manager‟s Certificates are also referred to the Licensing Inspector and Police for reports. The Licensing Inspector and Police will consider any matte rs brought to their attention in respect of the individual‟s performance during the term of the certificate in regard to the above criteria. Where there are no matters raised in opposition by the Licensing Inspector or Police the application will be approved by the DLA. Where any matters are raised in opposition the application will be referred to the LLA.

The DLA will renew General Managers Certificates in circumstances where:

The Licensing Inspector and Police have reported on the application in accordance with the specified criteria and have raised no matters in opposition.

The applicant has demonstrated that they have taken appropriate steps to manage the sale and supply of liquor in accordance with the object of the Act.

20.4 Orders for Temporary Authority Sections 24 and 47 Sale of Liquor Act 1989

Orders for a temporary authority will be granted on application to any person who appears to the DLA to have any right, title, estate, or interest in premises to permit the premises to continue to operate while a new licence is gained. A temporary authority order can only be granted where a licence is in force. On granting an application for a temporary authority order the DLA may impose such reasonable conditions as it thinks fit.

20.4.1 Initial Application

Orders for temporary authorities shall be made for a period of up to three months.

20.4.2 Subsequent Applications

Temporary authorities which have expired after the initial three month period without the issue of the on/off licence(s) will be extended for a similar term by the Agency subject to the applicant having:

Made application for the on/off licence(s) before the expiry of the initial three month period, and

Lodged an application on Form 17 of the Regulations and paid the appropriate fee.

No report received from the Police Licensing Inspector or the public to suggest that the premises are not being properly managed in terms of the licensing conditions in place.

21 Enforcement Procedures

21.1 Liquor Licensing Enforcement Response Guidelines

This protocol set down the process which Whangarei enforcement agencies (Whangarei DLA, Whangarei Police and Northland Health) will use when undertaking enforcement action against licensees in respect of non-compliance with the Act. The process is based upon adopting an appropriate response which gives licensees the opportunity to be fully informed about non -compliance issues so that corrective action can be taken. Where on going non-compliance is evident however the protocol provides for increasing intervention which retains specific communication with licensees but which can culminate in severe action such as application for cancellation/suspension of licenses and manager‟s certificates or opposition to renewal of licences and certificates. It should be noted however that there may be situations where because of the serious nature of offences (for example drink/drive convictions of the holder of a manager‟s certificate or serious offences on premises) immediate action involving cancellation/ opposition may be required by an Agency. The Graduated Action Plan in the New

60


09/92500 23/26 Updated: October 2009

Zealand Police Action Plan (March 2008) will in general also be followed by enforcement agencies.

21.2 Enforcement procedure

Initial non compliance will be documented by enforcement agencies and communicated to duty manager and where possible the licensee if possible at the time non-compliance noted. Minor offences communicated verbally but noted in records or alternatively communicated to Duty manager by field advice notice at the time of visit to premises. All non-compliance to be communicated to the licensee either by field advice notice or where the licensee is not available by later letter.

Subsequent non-compliance. Licensee will be requested to attend a meeting with staff from enforcement agencies when matter discussed with the aim of assisting manager/licensee to comply with Sale of Liquor Act requirement. Letter sent outlining outcome of meeting and enforcement process should further non compliance occur.

Further non compliance. Licensee will be called before Whangarei DLA where warning will be given that further non-compliance will be dealt with by severe action – opposition to renewal, application for cancellation/suspension. Written warning given.

Further non-compliance. Application for cancellation/suspension, opposition to renewal, prosecution made, licensee advised in writing.

61


09/92500 24/26 Updated: October 2009

Appendix 1

62


09/92500 25/26 Updated: October 2009

Appendix 2

Sale of Liquor Act 1989 - District Licensing Agency – Powers and Duties

Legislative Requirement Council Delegations/Subdelegations

A ) Section 99. - Local authority to be District Licensing Agency

B) Section 104(1) - Local Authority may delegate to any committee appointed under clause 30 of Schedule 7 of the Local Government Act 2002 such of its powers, duties, and discretions under the Act as it considers necessary.

The Whangarei District Council delegated all of its powers, duties and discretions of the Whangarei District Licensing Agency to the Licensing, Exemptions and Objections committee (LEOC) on the 27th February 2008.

C) Section 104(2) – A committee to which any such powers, duties and discretions have been delegated may, with the approval of the local authority, subdelegate to the Secretary or to any subcommittee such of those powers, duties, and discretions as relate to any matter that is subject of an application to which no objection has been received.

Pursuant to Section 104 (2) of the Sale of Liquor Act 1989, the Whangarei District Licensing Agency on the 28 February 2008 sub delegated to the Secretary of the Agency all of its powers, duties and discretions as related to any matter that is the subject of any application to which no objections have been received such being:

1. Unopposed applications for any On Licence under section 9 and the renewal of an On Licence under section 21.

2. Unopposed application for an Off Licence under section 31 and the renewal of an Off Licence under section 44.

3. Unopposed application for any Club Licence under section 55 and the renewal of any Club Licence under section 67.

4. Unopposed application for any manager‟s certificate under Section 120 and the renewal of any managers certificate under section 125.

5. Unopposed application for a temporary authority under section 24 and section 47.

6. Unopposed applications for any special licence under sections 73 and 74.

7. Unopposed applications for the variation or cancellation of licence conditions under section 16, 39 and 62.

8. The granting of a certificate of waiver under section 111.

9. Unopposed applications for authority to redefine premises under Regulation 7(3), 10 (3) and 13(3) of The Sale of Liquor Regulations 1990.”

63