Draft Local Alcohol Policy DECISION REPORT Dated at Gisborne this 18th day of August 2014 Alan Davidson Chairperson A498193
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Table of Contents 1. Introduction... 1 2. Statutory Framework... 1 3. Background to the Issues... 2 4. The Proposal... 3 5. Submissions... 3 5.1 Submissions Received... 3 5.2 Late Submissions... 4 6. Decisions... 4 6.1 Policy Objective... 4 6.2 Restriction of Trading Hours for Off-Licences... 5 6.3 Policy Provisions... 7 6.4 Capping Number of Bottle Stores... 8 6.5 Restriction of Trading Hours for On-Licences... 9 6.6 Restriction of Trading Hours for Club Licences... 10 6.7 Licensing Conditions for Special Licences... 12 6.8 Licensing Conditions and Alcohol Management Plan... 13 A498193
A498193
1. Introduction This Decision Report on the Draft Local Alcohol Policy includes: Statutory framework; Background to the issues; Draft proposal; and Submissions and decisions. 2. Statutory Framework The Sale and Supply of Alcohol Act 2012 ( the Act ) came into effect on 18 December 2013. The object of the Act is that: (a) the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and (b) the harm caused by the excessive or inappropriate consumption of alcohol should be minimised. The Act allows local authorities to adopt a Local Alcohol Policy ( LAP ) to guide the decisions of the District Licensing Committee ( DLC ) on licensing applications. Under the Act, the elements of an LAP must be reasonable, must relate only to licensing matters and must be consistent with the object of the Act. Decisions need to be well supported with evidence that the respective elements in a policy would contribute to minimising harm caused by the excessive or inappropriate consumption of alcohol. The LAP can only consider the following elements: limits on the location of licensed premises by areas or zones (similar to District Plan zones); limits on the location of licensed premises by proximity to other places such as schools, places of worship and sensitive facilities or areas; limits on the density of licences or types of licences and whether further licences should be issued in the district or different parts of the district; discretionary conditions on licences or particular kinds of licences including one-way door restrictions to prevent people from entering or re-entering premises after certain times; and restrictions or extensions to the maximum trading hours set out in the new Act. In developing a draft policy Council must consider the: objectives and policies of the District Plan - although an LAP may be more restrictive than the District Plan; number of licences of each kind in the district; location and opening hours of licensed premises in the district; alcohol control bylaws (liquor bans) that are in place; demographic profile of the residents; demographic profile of visitors to the district and holiday home owners; indicators of the overall health of the district s residents; and nature and severity of alcohol-related problems in the district. A498193 Page 1 of 15
Once an LAP is in place, the District Licensing Committee must consider it when making licensing decisions. In developing an LAP, Council must follow the Special Consultative Procedure to engage communities in the policy discussion. 3. Background to the issues Throughout 2013, officers researched alcohol issues in the Gisborne district in consultation with agencies, businesses and communities across the district. The research included: research on statistical information available from agencies about alcohol-related harm; seven community workshops about alcohol in April and June 2013 (Tolaga Bay, Te Araroa, Ruatoria, Tikitiki/Rangitukia, Tokomaru Bay, Te Karaka and Gisborne); and 143 surveys on alcohol in May and June 2013 from a range of stakeholders (health, community, licensees, hospitality, tourism, businesses and general public). The research was pulled together into the report Alcohol in the Gisborne District A background paper to inform a Local Alcohol Policy 2013 (attached as Appendix 1) and this formed the basis of developing the draft LAP. The key findings from that report on the impacts of alcohol are: alcohol is a significant factor in at least one half of deaths in people aged under 24 years; alcohol plays a role in at least 30% of attendees at emergency departments during Thursdays, Fridays and Saturdays; alcohol-related injury figures for Gisborne (2,534.4 per 10,000 population) are almost equal to the national figure (2,537.5 per 10,000 population) and up to 60% of injurybased admissions to the emergency department are estimated to be alcohol-related; roughly 10% of assaults are recorded as alcohol-related by victims; an increase of 22% in police callouts for alcohol-fuelled crime between 2008 and 2012; licensed events such as Rhythm and Vines ( RnV ) and Feast contribute significantly to the local economy with increased cash card transactions in Gisborne during the fiveday RnV period estimated to be over $4M; the alcohol industry generates employment in the District; for instance in July 2013, 11 liquor stores in Gisborne employed 60 people and 33 grocery stores and supermarkets employed 430 people; Tourism New Zealand promotes Gisborne as one of the country s ten major wineproducing areas; and accessibility to alcohol in Gisborne is high when compared to national data. In 2011, Gisborne district held 41.3 licensed premises per 10,000 population compared to 34.0 per 10,000 population nationally. A498193 Page 2 of 15
4. The Proposal Key changes to practice that were proposed in the draft Local Alcohol Policy are: capping the number of bottle store Off-Licence premises in the district at current levels; restricting all new Off-Licence premises and On-Licence premises (except restaurants and cafes) within the vicinity of sensitive areas; shortening the standard hours of trade for licensed premises; and requiring Alcohol Management Plans for all licences that are appropriate to the type and scale of the applications. 5. Submissions 5.1 Submissions Received A total of 142 submissions were received. There were 24 submissions from businesses directly affected by the changes proposed in the draft LAP. The table below shows the general direction of the submissions received in relation to each of the policy provisions. Alcohol management plan Business Non-business Total Support 12 108 120 Oppose 1 10 11 Trading hours On-licences Business Non-business Total Support 5 96 101 Oppose 7 24 31 Capping bottle stores Business Non-business Total Support 6 102 108 Oppose 15 19 34 Trading hours club-licences Business Non-business Total Support 6 93 99 Oppose 4 28 32 Trading hours Off-licences Businesses Non-business Total Support 9 102 111 Oppose 13 18 31 Sensitive sites restrictions Businesses Non-business Total Support 10 113 123 Oppose 9 9 18 Due to the significant numbers of submissions, officers have categorised them in terms of the following specific policy provisions: restriction of trading hours for Off-licences; licensing conditions around sensitive sites; capping the number of bottle-stores; restriction of trading hours for On-licences; restriction of trading hours for Club Licences; requirements for alcohol management plans; and restrictions regarding Special Licences. A498193 Page 3 of 15
5.2 Late Submissions There were three late submissions received from: Yvonne Allen (#142); Alan Priday (#141); and Maurice Henry (#125). Staff recommended that the late submissions be accepted for the following reasons: the submissions were only marginally late (one day) and all were postmarked before the submission due date; and no interest is considered adversely affected by accepting the submissions. The Hearings Committee agreed to accept the late submissions for the reasons provided. 6. Decisions on Submissions In the section below, Officers have outlined for each policy provision: text of the policy provisions; submissions received; officer responses to the submissions; Hearings Committee decisions; and Explanation. 6.1 Policy Objective Policy provisions The Gisborne District LAP provides guidance for the DLC so that licensing decisions: Balance a vibrant and prosperous Tairāwhiti with a healthy and safe Tairāwhiti; Encourage licensed environments that foster positive, responsible drinking behaviour and minimise alcohol-related harm; and Reflect the views of local communities as to the appropriate location, number, hours and conditions that should apply to licensed premises within their communities. Indicators and measures for monitoring the effectiveness of the Policy will be identified at the implementation phase. Submissions Submissions by health providers have recommended changing the wording from balance a vibrant and prosperous Tairāwhiti with a healthy and safe Tairāwhiti to balance a healthy and safe Tairāwhiti with a vibrant and prosperous Tairāwhiti. The Act specifically states in its objective to minimise harm caused by excessive or inappropriate consumption of alcohol. Therefore changing the wording to give preference to a healthy and safe Tairāwhiti under this policy is recommended. Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to the Objective 2.1: The Gisborne District LAP provides guidance for the DLC so that licensing decisions: Balance a vibrant healthy and prosperous safe Tairāwhiti with a healthy vibrant and safe prosperous Tairāwhiti; A498193 Page 4 of 15
6.2 Restriction of Trading Hours for Off-licences Policy provisions 3.2 Maximum Licensed Operating Hours OFF-LICENCE Off-Licence types Maximum operating hours Trading days Location All Off-Licences including taverns, supermarkets, wineries, bottle stores, across-the-bar, grocery stores, clubs 10 am 9 pm Monday - Sunday district-wide Submissions Those in favour (78%) commented that there is a need to reduce the accessibility of alcohol and that the new proposed opening and closing times still provide enough time for customers to buy alcohol. The feedback from people opposing the restriction in opening hours (22%) was that more than anything it would inconvenience shoppers and not make a difference with regards to alcohol related harm. Supermarkets are concerned that reduced trading hours will inconvenience their shoppers and state that not much alcohol is being sold within the proposed reduced opening hours. Bottle-stores have provided evidence that most alcohol is being sold at supermarkets and are advocating if the proposed restrictions with regards to trading hours are to be approved that it should apply unilaterally to all off-licensed premises. Evidence provided by submitters (Progressive) opposing Off-licence trading hour restrictions suggests that supermarkets are not a significant destination for young adults to buy beer and wine between 7am and 9am. The Ministry of Social Development 1 has summarized research by Babor et al. 2 which has found that restricted hours of sale and restricted density of liquor outlets both are effective at reducing drinking and alcohol-related problems. Restricting trading hours is rated as very effective, supported by a breadth of research and has a low cost to implement. Restrictive trading hours should apply to all Off-licences including supermarkets and grocery stores as 75% of all alcohol consumed in the country is purchased from a supermarket with beer being the most popular alcoholic drink with teenagers, followed by wine. The data contained in the Council s background material to the Draft LAP confirms that 18-24 year olds are one of the key groups disproportionately affected by alcoholrelated harm in Gisborne. Further research suggests that the preferred drink choices for young adults are wine and beer. However, officers suggested that only restricting one type of Off-Licence (e.g. bottle stores) will only shift consumer behaviour and not reduce alcohol related harm. 1 Casswell, S., Maxwell, A (date unknown). What works to reduce alcohol related harm and why aren t the policies more popular? Published by the Centre for Social & Health Outcomes Research and Evaluation (SHORE) Massey University, Albany. https://www.msd.govt.nz/about msd and our work/publications resources/journals and magazines/social policy journal/spj25/whatworks reduce alcohol related harm 25 pages 118 141.html 2 Babor et al. (2003). Alcohol: No ordinary Commodity: Research and Public Policy. Published by Oxford University Press Inc., New York. A498193 Page 5 of 15
Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to Policy Provision 3.2 with regards to Off-Licences: OFF-LICENCE Off-Licence types Maximum operating Trading days Location hours All Off-Licenses including taverns, Supermarkets, wineries bottle stores, across-the-bar, 7 am 10 am 9 pm Monday - Sunday district-wide grocery stores, clubs Taverns, bottle stores, acrossthe-bar, grocery stores, clubs 10 am 10 am 9 pm Monday - Sunday district-wide Explanation Supermarkets and wineries have been singled out for the following reasons: o Supermarkets fulfil different customer needs and no significant correlation between supermarket opening hours and alcohol related harm could be established. Having national default opening hours for supermarkets will allow early morning shoppers to undertake their full weekly shop and minimise customer inconvenience. Supermarket closing times are however in line with all other Off-Licence closing hours to restrict the access of take away alcohol in the evenings, which has been identified as a major contributor to alcohol related harm. o National default opening hours for wineries will allow wineries to be flexible in response to international tourism demands (e.g. cruise ship winery tours). Furthermore wineries have not been identified as high risk licensed premises. Winery closing times however are in line with all other Off-Licence closing hours to restrict the access of take away alcohol in the evenings across the region. Taverns, bottle stores, across-the-bar, grocery stores and clubs will be able to sell alcohol from 10 am to 9 pm. The opening hours of 10 am provide customers in smaller and more remote communities with less restrictive conditions around alcohol purchases as part of their general grocery shop (as opposed to opening hours at 10 am) and allow for consistency across the district. Blanket closing trading hours for all Off-Licences including taverns, bottle stores, across-the-bar, grocery stores and clubs will ensure access to alcohol is restricted in the evenings when most alcohol related harm occurs. Grocery stores have not been grouped with supermarkets as they are predominately within residential and also more remote areas and evidence was provided identifying an increase in alcohol-related harm with Off-Licence density/higher access to off-licensed premises. A498193 Page 6 of 15
6.3 Licensing Conditions around Sensitive Sites Policy provisions 3.1.1 No new licence of any type, except for restaurants or cafes, to be granted for locations in proximity to sensitive sites. Sensitive sites are defined as areas, premises or facilities that are either considered more sensitive to alcohol-related harm, or already experiencing greater levels of alcohol related harm than other areas as determined by the District Licensing Committee. Relicensing under a change of ownership is not classified as a new licence under this Policy provided the licence type and scope is the same. Submissions Council received 142 submissions of which 87% expressed their support for provision 3.1.1. Comments from those in favour included having restrictive conditions on alcohol sales around sensitive sites especially where children or youth may be exposed to alcohol. The feedback from people opposing (13%) restrictive conditions around sensitive sites commented that supermarkets/dairies should be excluded from this provision and that they cannot see a relationship between restrictions around sensitive sites and alcohol related harm. Both supporters and opposers however were seeking more clarification of the terms sensitive sites and proximity. Both also agreed that there should be exceptions for example churches/schools to still be able to hire out function rooms for functions where alcohol only plays a secondary role (such as weddings). Alcohol is a significant factor in at least one half of deaths in people aged under 24 years of age. International best practice for preventing youth access to alcohol focus on restrictions on commercial availability and social availability of alcohol to youth. Best practice is identified as creating buffer zones of at least 1,000 feet or 300 metres to separate alcohol outlets from sensitive sites 3. National and local evidence provided by Police highlights that Police events of all types occur more frequently in poorer and more deprived areas. At least a third of all Police recorded offences are committed by an offender who has consumed alcohol prior to committing the offence. Officers recommended that a clear separation is maintained between high-risk licensed premises and vulnerable populations, hence the recommendation for a buffer area around sensitive sites. The District Licensing Committee will have to respond to hot spots and emerging trends in alcohol-related harm as they arise to ensure they are meeting the purpose of the Act to minimise the harm caused by excessive and inappropriate consumption. The definition of what constitutes a sensitive site needs to allow them discretion to respond to these emerging trends. Where resource consent has been granted for a licensed premises of any type (including supermarkets and other off-licensed premises) within proximity of a sensitive site prior to the notification of the Provisional Local Alcohol Policy, the premises will not be restricted by provision 3.1.1 within the Provisional Local Alcohol Policy. Council officers must ensure that sensitive sites are considered when new resource consent applications are received for new licensed premises. 3 Pacific Institute. (2011). Regulatory Strategies Preventing Youth Access to Alcohol; Best Practices. US Department of Justice. A498193 Page 7 of 15
Decisions The Hearings Committee decided that the following changes (underlined and struck through text) be made to Policy Provision 3.1.1: No new licence of any type, except for restaurants or cafes, and Special Licences to be considered granted for locations within 300 metres of in proximity to sensitive sites. Sensitive sites are defined as areas, premises or facilities that are either considered more sensitive to alcohol-related harm, or are already experiencing greater levels of alcohol related harm than other areas as determined by the District Licensing Committee. Such sites may include but are not limited to educational institutions, churches, marae, recreational facilities and high-crime areas. Relicensing under a change of ownership is not classified as a new licence under this Policy provided the licence type and scope is the same. Explanation The exclusion of Special Licenses allows schools, churches and marae to apply to hold licensed events where alcohol only plays a secondary role, e.g. weddings, graduation ceremonies. The change of wording from granted to considered identifies that only the DLC can make a final decision and grant or decline alcohol licence applications. Sensitive sites need to be identified by the DLC on a case by case basis. 6.4 Capping Number of Bottle-Stores Policy provisions 3.1.2 No new bottle store Off-Licences to be approved for any location within the Gisborne district. Re-licensing under a change of ownership is not classified as a new licence under this Policy provided the licence type and scope is the same. Submissions Those in favour (76%) commented that there are already enough bottle stores and some would even prefer a sinking lid approach to reduce the number of bottle stores. Those opposing (24%) fear a negative impact on the tourism and wine industry and a reduction in economic activity. Accessibility to alcohol in Gisborne is high when compared to national data. In 2011 Gisborne district held 41.3 licensed premises per 10,000 people compared to 34.0 per 10,000 people nationally. Off-Licences per 10,000 people in Gisborne were 14.6 compared with 10 for the rest of New Zealand. A recent NZ study 4 found that the proximity of Off-Licensed premises to homes contributed to increased binge drinking and harm from alcohol regardless of socioeconomic status. 4 Connor, J. L. (2010). Alcohol outlet density, levels of drinking and alcohol related harm in New Zealand: A national study. London: Journal of Epidemiology & Community Health, 65, 841 846. doi: 10.1136/jech.2009.104935. A498193 Page 8 of 15
Sinking lids are effective at reducing the number of licensed premises over time. As business owners sell or re-lease their properties operating as licensed premises (meaning a new licence would be required) no licence would be granted for ongoing sale of alcohol. There can be perverse outcomes of sinking lid policies such as having a significant impact on re-sale values of existing licensed premises and loss of capital investment from existing owners as they seek to exit the trade, with potential amenity effects as owners discontinue maintenance practices. Officers recommended that sinking lids not be included in the LAP at this time. Due to the potentially significant impacts on existing businesses, more evidence would be needed to demonstrate an appropriate target number of licensed premises where the costs of this policy would not outweigh any benefits. Winery Off-Licences would not be affected by this provision; only stand-alone bottle store Off-Licences. Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to Policy Provision 3.1.2 (including the footnote): No new stand-alone bottle store Off-Licences 5 to be approved for any location within the Gisborne district. Re-licensing under a change of ownership is not classified as a new licence under this Policy provided the licence type and scope is the same. Explanation The inclusion of the word stand-alone clarifies the scope of the policy provision as limited to bottle store Off-Licences not attached to any other premises. The footnote provides an easy pathway for any applicant to find out whether or not they may be affected by this policy provision. 6.5 Restriction of Trading Hours for On-licences Policy provisions 3.2 Maximum Licensed Operating Hours ON-LICENCE On-Licence types Maximum operating hours Trading days Location Restaurants, cafes, wineries, 10 am 2 am taverns (including nightclubs), BYO, entertainment centres One-way door from 1.00am for taverns including night clubs Monday - Sunday district-wide 5 For a definition of a standalone Off Licence please refer to the Sale and Supply of Alcohol Act 2012, Kinds of licences and their effect http://www.legislation.govt.nz/act/public/2012/0120/latest/dlm3339474.html?search=sw_096be8ed80ddd46e_off+licence_25_se&p=1 A498193 Page 9 of 15
Submissions Those in support of restricting trading hours for On-licences (77%) have commented that reduced closing times for On-licences would reduce the accessibility of alcohol and encourage people to come to town earlier which would also cut back preloading time spent at residential areas. Those opposing (23%) commented that restricting the opening hours of On-licences makes hosting special celebratory and sporting events difficult. Furthermore people opposed to the new proposed closing time and one-way door policy commented that closing earlier will not change the alcohol-related harm and would make Gisborne less vibrant and less attractive for people, visitors and businesses. Research by Babor et al. has found that restricted hours of sale and restricted density of liquor outlets both are effective at reducing drinking and alcohol-related problems 6. Restricting trading hours is rated as very effective, supported by a breadth of research and has a low cost to implement. New Zealand Police data from 2008 2012 shows that alcohol-related offending peaks on Friday and Saturday nights between 8 pm and 4 am. Local Police data also supports a peak in crimes on the weekends and after midnight, particularly where On-Licences are concentrated. Decision It is recommended that no changes are made to Policy Provision 3.2 related to Onlicence trading hours Explanation Reduced closing times for On-licences would reduce accessibility to alcohol at peak crime periods in the early morning hours. 77% of the community supported shorter trading hours. A majority of community submissions supported a one-way door policy from 1am. 6.6 Restriction of Trading Hours for Club Licences Policy provisions 3.2 Maximum Licensed Operating Hours CLUB LICENCE Club Licence types 7 Maximum operating hours Trading days Location All Clubs including sports and other (including RSA) 10 am 11 pm Sunday - Thursday 10 am 12 midnight Friday - Saturday district-wide 6 Casswell, S., Maxwell, A (date unknown). What works to reduce alcohol related harm and why aren t the policies more popular? Published by the Centre for Social & Health Outcomes Research and Evaluation (SHORE) Massey University, Albany. https://www.msd.govt.nz/about msd and our work/publications resources/journals and magazines/social policy journal/spj25/whatworks reduce alcohol related harm 25 pages 118 141.html ; Babor et al. (2003). Alcohol: No ordinary Commodity: Research and Public Policy. Published by Oxford University Press Inc., New York. 7 Chartered Clubs are not subject to licensing under the DLC, unless they operate outside the rules of their charter, so are exempt from this Policy. A498193 Page 10 of 15
Submissions Those in support of restricting the trading hours for Club Licences (76%) have commented that the proposed restrictions still allow for more than enough time for clubs to cater to their members as their primary function differs to other facilities such as bars and cafes that hold a licence. Those opposed to restrictive trading hours of clubs (24%) have commented that people drinking at clubs tend to be more mature and responsible and that it is only fair to allow clubs to operate within the same trading hours alongside other On-licences. A special request has been made for those clubs who do celebrate Anzac Day as tradition, be granted hours from 6 am to 10 am as has been a licence condition for the Gisborne 2nd NZEF Association Incorporated under the provisions of the previous Sale of Liquor Act 1989 without the need to apply for a Special Licence. Research by Babor et al. has found that restricted hours of sale and restricted density of liquor outlets both are effective at reducing drinking and alcohol-related problems 8. Restricting trading hours is rated as very effective, supported by a breadth of research and has a low cost to implement. Primarily function of clubs significantly differs from other on-licensed premises such as restaurants and bars. Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to Policy Provision 3.2 with regards to Club-Licences: CLUB LICENCE Club Licence types 9 Maximum operating hours Trading days Location All Clubs including sports and other (including RSA) 10 am 11 pm Sunday - Thursday district-wide 10 am 12 midnight Friday - Saturday Clubs holding commemorative Anzac celebratory services are permitted to open at 6 0am on Anzac Day Explanation Clubs holding commemorative Anzac celebratory services are permitted to open at 6 am on Anzac Day to accommodate Anzac Day Dawn Services without the need to apply for a Special Licence. 8 Casswell, S., Maxwell, A (date unknown). What works to reduce alcohol related harm and why aren t the policies more popular? Published by the Centre for Social & Health Outcomes Research and Evaluation (SHORE) Massey University, Albany. https://www.msd.govt.nz/about msd and our work/publications resources/journals and magazines/social policy journal/spj25/whatworks reduce alcohol related harm 25 pages 118 141.html Babor et al. (2003). Alcohol: No ordinary Commodity: Research and Public Policy. Published by Oxford University Press Inc., New York. 9 Chartered Clubs are not subject to licensing under the DLC, unless they operate outside the rules of their charter, so are exempt from this Policy. A498193 Page 11 of 15
6.7 Licensing Conditions for Special Licences Policy provisions 3.3.1 Non-licensed premises will not be issued a Special Licence beyond 2 am. 3.3.2 Licensed premises applying for a Special Licence will not be permitted to operate beyond 3 am. 3.3.3 All Class 1 Special Licences shall be exercised by a person holding a Manager s Certificate under the Act. 3.3.4 Any Special Licence for a series of events should not be for a period exceeding six months. 3.3.5 No premises should have more than 20 events under Special Licence in any 12- month period. Submissions Reducing hours for Special Licences to be in line with other On-licence trading hours. Facilities open to members to be able to apply for more than 20 Off-licences per year for private functions (Gisborne 2nd NZEF Association Inc.). Need for Special Licences for funerals be removed (Gisborne 2nd NZEF Association Inc.). Special Licences as per draft policy leave room for inconsistency with regards to events such as Rhythm n Vines. Special Licences serve the purpose to cater for events that are out of scope under other licences, e.g. a Club Licensee can apply for a Special Licence where a club wants to host a special event for members. Another example are special events that do not fall under either an Off, On or Club Licences such as BW Camping Festival or Rhythm & Vines. The decision on the terms of Special Licences and whether or not a Special Licence will be granted is reviewed by the District Licensing Committee on a case by case basis. Under the Sale and Supply of Alcohol Act 2012 Special Licences cannot be removed for special events like funerals. However where licensed premises celebrate Anzac Day exemptions have been made under the previous Act. Decisions The Hearings Committee has decided that no changes be made to Policy Provision 3.3.1 3.3.5 with regards to Special Licences. Explanation Special licences are for special circumstances not covered by other licence types. Where a licensed premises is holding more than 20 events requiring special licences per year they are improperly licensed and need to get a permanent licence. The application of the Policy is at the discretion of the District Licensing Committee. A498193 Page 12 of 15
6.8 Licensing Conditions and Alcohol Management Plan Policy provisions 3.4.1 A combination of Host/Social Responsibility criteria and mandatory and discretionary conditions will add effect to licensing decisions and contribute towards meeting the object of the Act. It is important that conditions are consistent and adhered to for greatest impact. Submissions Submitters in support of policy provision 3.4.1 have commended Council s focus on host/ social responsibility in relation to mandatory and discretionary conditions. Submitters opposing policy provision 3.4.1 have raised concerns outlining that being a responsible host is already a condition under the Act and that more clarification was needed to explain the context of social responsibility. Further concerns were raised in relation to the context of consistent and adherent conditions as businesses have very diverse obligations in order to comply with host responsibility. Being a responsible host is a condition under the Act and refers to the responsible serving of alcohol. The Local Alcohol Policy proposes an extension of this host responsibility that includes the responsible sale and management of alcohol-related effects within immediate proximity of licensed premises (e.g. removal of broken glass outside the premises) which is referred to under this provision as social responsibility. Consistency and adherent criteria shall be used across operations with similar scope and type of licence where appropriate. The objective of this policy provision is to improve health and safety standards to minimise alcohol-related harm. This provision does not imply a mandatory blanket set of conditions across all licences. Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to Policy Provision 3.4.1: A combination of Host/Social Responsibility criteria that are appropriate to the operating conditions of the licensee, mandatory conditions, as defined by the Act, and discretionary conditions will add effect to licensing decisions and contribute towards meeting the object of the Act. It is important that conditions are consistent and adhered across operations with similar scope and type of licence for greatest impact. Explanation Mandatory conditions are defined by the Act. Discretionary conditions can be defined by the DLC and depend on the scope, type of operation and type of licence. Similar type of operations with similar scope and type of licence should have comparable discretionary conditions. A498193 Page 13 of 15
Policy provisions 3.4.2 Relevant to the type and scope of licensing application, applicants shall supply an Alcohol Management Plan covering the relevant matters below for approval by the Regulatory Services Manager: CCTV cameras (location and number) Provision of effective exterior lighting No serving in glass containers at specified times Number of door-staff and provision of additional appropriately qualified security staff after specified times Management of patrons queuing to enter the licensed premises Limit on the number of drinks per customer at specified times No shots or types of drinks to be served after specified times Limit on drink sizes after specified times Conditions relating to management: such as certificated staff required if the maximum occupancy exceeds a prescribed number or if recommended by Police or the Inspector, requirement for multiple managers etc One way door restrictions apply from 1am Provision of transport or information about transport options for patrons Restriction on the use of outdoor areas after a specified time Provision of food Display of safe drinking messages/material Supervised designation of all bottle stores to ensure unaccompanied minors do not enter bottle stores. Submissions Those in support (92%) commented that an Alcohol Management Plan will help to reduce alcohol-related harm and should be obligatory to everyone selling or serving alcohol. Those opposing Alcohol Management Plans (8%) have commented that Council should not get involved in telling businesses how to run their operations and that a Host Responsibility Policy, which is already an obligation within the Act, is sufficient. However submissions supporting and opposing seek clarification on what the Alcohol Management Plan covers, how it exactly differs from a Host Responsibility Policy and the application of discretionary conditions. An Alcohol Management Plan builds on to a business s host responsibility policy and includes a risk assessment (e.g. intoxication risk, under-age drinking risk) tailored to individual business needs. Alcohol Management Plans provide guidance and resources to assist business operators, event organisers, licensees, bar staff and security providers to provide responsible and safe drinking venues. A498193 Page 14 of 15
Decisions The Hearings Committee decided to make the following changes to Policy 3.4.2. Relevant to the type and scope of licensing application, applicants shall supply an Alcohol Management Plan covering those relevant matters from the list below that are relevant for approval by the Regulatory Services Manager: Explanation The amendments clarify that requirements in Alcohol Management Plans would be consistent with the scale and complexity of the licence required, in particular the potential for alcohol-related harm. Policy provisions 3.5.1 All holders of any licence type are required to have a written operative Host/Social Responsibility Policy for the premises and to follow/action it at all times. Submissions Submitters wanted clarification on what constitutes a Host/Social responsibility Policy. The Act already requires all licence holders to serve alcohol responsibly accordingly to their operation. However the Act does not identify how such procedures are recorded. Under this policy provision all licence holders are required to write down their actions with regards to their Host/Social Responsibility as required by the Act in the form of a Host/Social Responsibility Policy. These will form part of the Alcohol Management Plan. Decisions The Hearings Committee has decided that the following changes (underlined and struck through text) be made to Policy Provision 3.5.1: All holders of any licence type are required to have a written operative Host/Social Responsibility Policy for the premises, as part of their Alcohol Management Plan, and to follow/action it at all times. Explanation Changes to clarify that the Host/Social Responsibility Policy is a part of the Alcohol Management Plan. A498193 Page 15 of 15