Gisborne District Council Alcohol Control Bylaw 2015

Transcription

1 APPENDIX 2 Gisborne District Council Alcohol Control Bylaw 2015 Statement of Proposal May 2015 A Page 1

2 Introduction This is a Statement of Proposal prepared in accordance with section 83(1)(a) of the Local Government Act 2002 ( the LGA 2002 ). This relates to the making of the proposed Gisborne District Council Alcohol Control Bylaw 2015 ( the proposed Bylaw ). The Alcohol Control Bylaw was first adopted in 2003 and last reviewed in The purpose of this bylaw is to regulate and control the consumption of alcohol in public places, the bringing of alcohol onto public places and the possession of alcohol in public places in order to reduce the incidents of alcohol related harm. A review of the 2008 Bylaw is a legislative requirement of the LGA Once reviewed, the Bylaw will stay in force for another 10 years, unless reviewed earlier. The review involves publicly notifying the proposed Bylaw. A draft of the proposed Bylaw has been prepared by the Council for consultation in terms of s.83 and s.86 of the LGA The Bylaw will be made by the Council using powers contained in sections 147 and 147A of the LGA In accordance with section 86(2) of the LGA 2002 the Council, when making a Bylaw, is required to include in the Statement of Proposal: (a) a draft of the Bylaw proposed and (b) the reasons for the proposed Bylaw and (c) a report of any relevant determinations by the Council under s.155 of the LGA Draft of amended Bylaw A draft of the proposed Bylaw is attached as Appendix 1 to this Statement of Proposal. Summary of Proposed Alcohol Control Bylaw 2015 Gisborne District Council has an Alcohol Control Bylaw 2008 ( the 2008 Bylaw ) that sets out the alcohol ban areas within the District. The Local Government Act 2002 requires all Bylaws to be regularly reviewed. A 2015 Bylaw has been drafted and community feedback on this is now sought. Purpose of the Bylaw The purpose of this bylaw is to regulate and control the consumption of alcohol in public places, the bringing of alcohol onto public places and the possession of alcohol in public places in order to reduce the incidents of alcohol related harm. Rationale for the Bylaw Background/legislative framework The Local Government (Alcohol Reform) Amendment Act 2012 (Act) empowers Council to make a bylaw for the purpose of prohibiting or otherwise regulating or controlling the presence or consumption of alcohol in public places and in vehicles in public places. Changes to the Act in December 2013 increased the statutory threshold to demonstrate the need for continuing to have a bylaw. This requires that Council must be satisfied that: a. The bylaw is justified as a reasonable limitation on people s rights and freedoms; A Page 2

3 b. There is evidence that the area to which the bylaw is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area, and c. The bylaw is appropriate and proportionate in the light of that crime and disorder. The Police, as the enforcement agency of the bylaws, have provided both written and oral evidence that they believe a high level of crime and disorder will follow if the alcohol ban is not put in place as proposed. In accordance with s.155 of the Local Government Act 2002 the 2008 Alcohol Control Bylaw is subject to review by December 2015, and if not reviewed will lapse. The proposed Bylaw includes alcohol bans in the following areas: Gisborne City: area is quite large; bounded by and inclusive of: Roebuck Road, Taruheru River (southern bank), Turanganui River (western bank) and Waikanae Creek (northern bank). The Gisborne city ban applies at all times (24/7). Tolaga Bay: have bans for the period from noon (1200 hours) Thursday to 0700 hours Monday. Te Araroa: have bans for the period from noon (1200 hours) Thursday to 0700 hours Monday. BW camping festival: a new area around Midway and Centennial Marine Drive. Ban to apply from 8am (0800 hours) 27 December to 6pm (1800 hours) on 1 January any year that the festival is held. council may by resolution make an alcohol ban for large scale events. What has changed in the proposed 2015 Bylaw? The 2008 Bylaw has been amended to address changes in the legislation and current issues to assist ease of interpretation. The three main changes to the Bylaw are: 1. a new alcohol ban area around Midway and Centennial Marine Drive specifically for BW camping festival over the new year period. 2. provision for council by resolution to make an alcohol ban for large scale events 3. removal of delegated power to Mayor and Chief Executive to temporarily extend liquor ban areas. Further changes may occur as a result of the Bylaw consultation. Perceived issues Consumption of alcohol in public places and the bringing and possession of alcohol onto public places encourages crime and disorder and incidents of alcohol related harm. This has been supported by evidence provided by Police. Most appropriate way to address perceived issues Consideration has been given to a range of options for addressing the problems identified above. A Page 3

4 Non-regulatory options Most activities occurring in public places don t cause concern, and most people voluntarily comply with the Council s policies and practices. However, there are some instances where voluntary compliance cannot be relied on to address the perceived problem. Regulatory options In reviewing the 2008 Bylaw, the Council concluded that most of the provisions of that Bylaw are still relevant and necessary to address the perceived problems as noted above. Relevant determinations under Section 155 LGA 2002 The requirements of Section 155 have been considered. A Bylaw is an effective and enforceable mechanism by which alcohol consumption and associated crime and disorder in public places can be regulated in the District. Accordingly it is an appropriate way to address a perceived problem. The proposed form of the Bylaw is considered the most appropriate form of the Bylaw. The proposed Bylaw is neither inconsistent with nor raises any implications with the New Zealand Bill of Rights Act Your feedback is encouraged Council encourages any person or organisation with an interest in the proposed Alcohol Control Bylaw 2015 to consider it and give feedback. This Proposal will be distributed in accordance with Section 83 of the LGA 2002, on the following basis: a) a letter will be sent to all key stakeholders, advising them of the review of the 2008 Bylaw and that the Council would welcome submissions on the matter. b) the Council will advertise twice in the Gisborne Herald, advising that the Proposal exists and inviting submissions. c) the Chief Executive and Mayor will encourage the media to take an interest in the matter and report the proposed Bylaw and supporting information as widely as possible. Timetable for Consultation The following dates represent the key times in the consultation programme: Wednesday, 17 June 2015 Saturday, 20 June 2015 Wednesday, 24 June 2015 Friday, 24 July 2015 Wednesday, 2 September 2015 Council adopts first resolution of special consultative procedure First advertisement in Gisborne Herald Second advertisement in Gisborne Herald Submissions close 5pm Submissions heard by the Hearings Committee A Page 4

5 Thursday, 8 October 2015 Saturday, 10 October 2015 Saturday, 10 October 2015 Council confirms Hearings Committee decision and adopts Bylaw Public notice of final decision Bylaw comes into effect subject to above Inspection of Documents and obtaining copies Copies of this Proposal, the draft Bylaw and the supporting reports may be inspected and a copy obtained, at no cost, from: a) Council offices at 15 Fitzherbert Street, Gisborne or the Te Puia Springs Service Centre, Main Road, Te Puia Springs. b) HB Williams Memorial Library, Peel Street, Gisborne. c) Council website Right to make Submissions and be heard Any person or organisation has a right to be heard in regard to this Proposal and the Council would encourage everyone with an interest to do so. The Council prefer that all parties intending to make a submission set those submissions out in writing and submit them to the Gisborne District Council, PO Box 747, Gisborne, no later than 5pm on Monday, 16 March The Hearings Committee will then convene a hearing, which it intends to hold on 15 April 2015, at which any party who wishes to do so can present their submission in person. Equal weight will be given to written and verbal submissions. The Council will permit parties to make verbal submissions (without prior written material) or to make a late submission, only where it considers that special circumstances apply. Every submission made to the Council will be acknowledged in accordance with the LGA 2002, will be copied and made available to the public and every submission will be heard in a meeting which is open to the public. Section 82 of the LGA 2002 sets out the obligations of the Council in regard to consultation and the Council will take all steps necessary to meet the spirit and intent of the legislation. Making an Effective Submission Written submissions can take any written form (e.g. submission form, , and letter). An effective submission makes reference to the clause(s) of the proposed Bylaw you wish to submit on, states why the clause is supported or not supported and states what change to the clause is sought. Judy Campbell Chief Executive 20 May 2015 A Page 5