Agenda of Planning and Environment Committee

Planning and Environment Committee

16 October 2018

Part A Reports

Annual Report to Alcohol Regulatory and Licensing Authority

Department: Customer and Regulatory Services

1 This is a report of the proceedings and operations of the Dunedin District Licensing Committee (DLC) for the year ending 30 June 2018. The report includes statistics on the applications processed by the Committee over the twelve-month period.

2 This year the Alcohol Regulatory and Licensing Authority (ARLA) sent a list of questions to be answered instead of requesting a report as in previous years.

3 The main point to note for the 12 months is that there were 1,208 applications received in the reporting year, down from 1,358 in the previous year.

RECOMMENDATIONS

That the Committee:

a) Notes the Annual Report to the Alcohol Regulatory and Licensing Authority.

BACKGROUND

4 In accordance with section 199 of the Sale and Supply of Alcohol Act 2012 (the “Act”) the Dunedin District Licensing Committee (the Committee) is required to report to the Alcohol Regulatory and Licensing Authority on its proceedings and operations for the preceding year by 30 September. This report is for the 12 months ending 30 June 2018.

DISCUSSION

5 Traditionally a formal report has been submitted to ARLA using headings supplied by them each year. However, this year they requested a series of questions to be submitted by 31 August 2018, so the information can be incorporated in their Annual Report to Parliament. The questions are in lieu of a formal report and are attached as Attachment A. The formal Annual Return is attached as Attachment B.

DLC Structure and Personnel

6 The Dunedin City Council has a Commissioner to Chair the DLC with a former Councillor as the Deputy Chair. The rest of the Committee comprises three Council appointees and four community representatives, one of whom is also a Councillor.

Meetings and Hearings

7 The DLC Chair and Deputy Chair meet weekly to consider unopposed applications for licences, special licences and manager’s certificates. Table 1 summaries the hearings.

8 The Committee met to hear 14 applications during the reporting year with two hearings being adjourned and completed at a second hearing.

9 One application was declined, and another renewal application was withdrawn by the applicant after two hearings. An application for Super Liquor Dunedin to be re-established in the former McDuff’s Brewery premises in Great King Street was declined after the Committee was presented evidence of the harm caused by alcohol abuse in the area around the location.

10 The Regent Night n Day Foodstore renewal was heard over two hearings. Eventually the applicant withdrew their application because it became apparent they no longer met the requirements stipulated in the Act for a grocery store. They were given three months to manage the cessation of that part of their business.

11 Hearings were held for three inner city on-licence renewals. Each was renewed but had a 3.00 am one-way door (OWD) condition imposed.

12 During mid-2017 it was announced that Ed Sheeran would be performing three concerts at the Forsyth Barr Stadium during the 2018 Easter weekend and Dunedin was expecting to host in excess of 70,000 people from outside the Otago area. On-licensed premises cannot trade on Good Friday and Easter Sunday unless they have a special licence. With one concert scheduled for the Easter Sunday and pre and post-concert hospitality expected on both of the sacrosanct days, the DLC was required to determine what they considered to be an ‘event’ that satisfied the criteria in the Act. The reporting agencies were able to work with the hospitality industry to agree on an acceptable special licence application format which satisfied the Committee so special licences could be granted. The Committee appreciated the support of the agencies which led to a successful weekend.

Table 1 - DLC Hearings 2017-18

	Application Type	Result
1	Off-licence renewal (2 hearings)	Withdrawn
2	Off-licence	Granted
3	Off-licence	Declined
4	Off-licences x 3 renewal	Granted
5	On-licence	Granted
6	Special Licence (2 hearings – non-public)	Granted
7	Off-licence renewal	Granted
8	On-licence renewal	Granted – OWD
9	On-licence renewal	Granted – OWD
10	On-licence renewal	Granted – OWD
11	Off-licence renewal	Granted
12	On-licence	Granted
13	On-licence renewal	Granted
14	Club licence renewal	Adjourned to next reporting year

Total Licensed Premises

13 The number of licensed premises in Dunedin has remained the same at 396 premises. However, in that time a number of premises have changed ownership, some licences have expired, and there have been eight licences issued for ‘new’ premises.

14 Six of the licence are for new on-licensed premises. One, “Joe’s Garage”, situated at 21 Frederick Street, opened in a previously licensed premise which had been closed for over two years. The other five licences have been established in premises that have never been licensed:

· “Salt & Sugar”, 130 Stornoway Street, Karitane

· “Moiety”, 42 Queens Gardens, Dunedin

· “TAO Restaurant & Bar”, 472 George Street, Dunedin

· “Insomnia by Strictly”, 23 Bath Street, Dunedin

· “Good Good”, 22 Vogel Street, Dunedin.

15 The remaining two new licences include a remote seller, the “Quick Brown Fox”, as well as the “Albion Cricket Club” being relicensed after a period without a licence.

Trends and Issues

16 The Committee is tasked with granting new and renewed licences pursuant to the Act while maintaining an alcohol harm minimisation focus. Licensed premises in Dunedin are generally operated in a responsible manner however, when a breach of licence conditions has been identified by the Police and/or Licensing Inspector, applications are made to ARLA for the suspension or cancellation of a licence. When issues do not require intervention by ARLA the reporting agencies will bring matters to the Committee during the renewal process.

17 The agencies are using the renewal process to seek one-way door conditions attached to the licences of premises that are open after 3.00 am. The Committee does not have the ability to impose such a condition across all licences, but this will take place once the Local Alcohol Policy takes effect. While the ‘piece-meal’ approach is not ideal licences are being amended and it is making a difference in the central city with the agencies able to demonstrate how they are supporting the object of the Act.

Local Alcohol Policy

18 The Council’s Provisional Local Alcohol Policy (PLAP) was publicly notified in June 2015 and subsequently appealed on four grounds. ARLA referred the PLAP back to Council in early 2016 for reconsideration.

19 Changes were made to the policy in line with ARLA’s recommendations and these were approved by Council. The appellants have now agreed to the changes and the PLAP has been referred back to ARLA for their consideration and approval.

Is the Sale and Supply of Alcohol Act 2012 achieving its object?

20 Matters have come before the DLC which indicate increased community awareness and compliance within the hospitality industry.

21 Occasionally there are matters, usually special licence applications, brought to the Committee which cannot be dealt with as the Community wishes or expects. The Act can be too prescriptive which makes it difficult for special circumstances to be considered, with the Easter performances by Ed Sheeran being an example. It is the hope of the Committee that the next review of the Act is undertaken with input from DLCs.

22 The Dunedin DLC remains focussed on continual improvement of its processes and undertakes professional training as it becomes available.

Statistical Information

23 Number of Applications Received: the following table provides a breakdown of the applications received for the past 10 years:

Table 2 – Applications Received

Year ending 30 June	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018
New licence	48	40	45	64	47	58	36	53	95	52
Renew Licence	159	156	122	145	174	112	135	156	174	115
New Manager	311	289	286	315	343	300	257	294	277	268
Renew Manager	338	426	440	317	463	394	336	372	410	326
Special Licence	329	413	381	425	387	330	304	317	366	417
T/Authority	53	48	50	55	46	63	48	53	36	30
TOTAL	1238	1372	1324	1321	1460	1257	1116	1245	1358	1208

24 There was an increase in the number of special licence applications in the reporting year. This is a result of Ed Sheeran performing three concerts at the Forsyth Barr Stadium and a rugby test in June.

25 Licences are renewed every three years and, because of the way licences were carried over when the Sale of Liquor Act 1989 was introduced, the DLC is still noticing three-yearly peaks in the number of renewals.

26 There has been no change in the total number of licences in the Dunedin area. The numbers of each licence type is shown in Table 3 below:

Table 3 – Licensed Premises Numbers

Year ending 30 June	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018
On-licence	227	220	233	237	243	239	225	225	224	233
Off-licence	100	96	95	91	96	92	90	69	71	70
Club Licence	96	95	94	94	94	89	88	85	86	86
BYO endorsed	7	9	5	7	9	4	4	2	4	4
Caterer’s	9	9	8	9	10	7	7	4	8	-
Auctioneers	2	2	2	2	2	2	2	2	2	2
Wineries	1	1	1	1	1	1	1	1	1	1
TOTAL	442	432	438	441	455	434	417	388	396	396

Note: Caterers are recorded in with on-licensed premises from the 2018 reporting year

OPTIONS

27 As this report is for noting there are no options.

NEXT STEPS

28 Not applicable.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	ARLA Annual Return Questionnaire	21
⇩b	ARLA Annual Return	25

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

Alcohol licensing contributes to the “healthy and safe people” strategic direction of the Social Wellbeing Strategy and the Economic Development Strategy.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP, Financial Strategy or Infrastructure Strategy.

Financial considerations

There are no financial implications.

Significance

This report is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

The statutory reporting agencies, the Police and Medical Officer of Health.

Engagement - internal

Council’s Alcohol Licensing Inspectors.

Risks: Legal / Health and Safety etc.

There are no identified legal of health and safety risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no implications for Community Boards.

Planning and Environment Committee

16 October 2018

Animal Services Annual Report to the Department of Internal Affairs

Department: Customer and Regulatory Services

EXECUTIVE SUMMARY

1 Section 10A of the Dog Control Act 1996 requires territorial authorities to publicly report each year on:

· The administration of their dog control policy and their dog control practices (section 10A (1)); and

· A variety of dog control related statistics (section 10A (2)).

2 The attached report (Attachment A) outlines the operations of the Dunedin City Council’s Animal Services Unit for the year ending 30 June 2018.

RECOMMENDATIONS

That the Planning and Environment Committee:

a) Notes the Animal Services annual report to the Department of Internal Affairs.

BACKGROUND

3 In accordance with section 10A of the Dog Control Act 1996 (DCA) the Dunedin City Council (DCC) is required to publicly report each financial year on the administration of its dog control policy, its dog control practices (Section 10A (1)) and on a variety of dog control related statistics (Section 10A (2)).

4 The primary purpose of this report is to enable the community to see how the Council is managing its dog control responsibilities.

5 This report is for the period 1 July 2017 to 30 June 2018.

Signatories

Author:

Ros MacGill - Manager Compliance Solutions

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Annual Report to the Department of Internal Affairs	29

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☒

Animal Services contributes to the ‘healthy and safe people’ strategic direction of the Social Wellbeing Strategy, and the ‘people are active’ draft Parks and Recreation Strategy.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications.

Financial considerations

There are no financial implications.

Significance

This decision is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement.

Engagement - internal

There has been no internal engagement.

Risks: Legal / Health and Safety etc.

There are no identified legal or health and safety risks.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no implications for Community Boards.

Planning and Environment Committee

16 October 2018

Planning and Environment Non-Financial Activity Report for the Quarter Ended 30 September 2018

Department: Community and Planning and Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report updates the Committee on activities including city development, resource consents, building services, alcohol licensing, environmental health, animal control and parking enforcement.

2 Some key highlights for the quarter in terms of major initiatives included:

· Completing decision report writing on the Second Generation District Plan (2GP).

· Completing the feasibility work and value engineering on the Dunedin Waterfront project.

RECOMMENDATIONS

That the Committee:

a) Notes the Planning and Environment Non-Financial Activity Report for the Quarter Ended 30 June 2018.

BACKGROUND

3 The Community and Planning group of activities works with other agencies to set the direction for managing Dunedin’s built and natural environment, and is responsible for promoting the sustainable management of the natural and physical resources through its administration of the functions of the Council under the Resource Management Act 1991 (RMA).

4 Regulatory Services contributes directly to the Safe and Health City outcome which is a part of the Social Wellbeing Strategy and enhances personal safety in relation to building services, animal services, health licensing, the sale and supply of alcohol and parking enforcement.

DISCUSSION

Service and Satisfaction

5 The Residents’ Opinion Survey (ROS) is the principal mechanism by which the Council measures resident satisfaction with a wide range of its activities.

6 From July 2016 the ROS has been conducted on a continuous monthly basis, aiming to obtain around 100 responses each month, to replicate the average annual sample size of around 1,200 obtained in previous years. The quarterly results in the graphs below generally reflect the responses of around 300 residents. A sample of 300 has an expected 95% confidence interval (margin of error) of +/- 5.7%, whereas the annual result for 2015/16 had a margin of error of +/- 2.5%. Results for the year will continue to be published in the annual ROS report at year end. Notable measures are listed in the balance of this report.

7 At the time of writing, September ROS results were unavailable.

Satisfaction with Look and Feel of the City

8 An 3% decrease in satisfaction with ‘overall look and feel of the city’ was reported as at 31 August 2018.

Satisfaction with Regulatory Services

9 There is no change in satisfaction with ‘Regulatory Services’ was reported as at 31 August 2018.

Value and Efficiency

Resource Consents

10 During the quarter all applications were process within the statutory deadline. The number processed for each month was 62, 89 and 86. The graph shows on a monthly basis resource consent processing over the last five year up to March 2017. The blue line shows the percentage meeting the statutory deadline; ranges from 97 to 100. The red line show the number of resource consents granted each month; average is 70. There is quite a bit of fluctuation. The low points are normally the December and January period when many staff take a holiday.

Building Consents

11 The new graph below is based on feedback received at the last Committee meeting which now shows the number of Building Consents; number of new dwellings and the overall $ value of the consents. The total number of building consents received in the quarter was 737 and the number of new dwellings was 99. Overall value of work for Building Consents for this quarter remains in line with previous figures at $77.4m. The peak volumes in the Apr-Jun quarters relates to the higher volume of simpler fire consents.

12 Processing times for both Building Consents (99.6%) and Code Compliance Certificates (99.8%) remain within the 20 working day timeframe with the exception of the odd old application. Pressure on the processing times is likely to be seen in October and November with high volumes; less simple consent applications; annual leave; and the training of two new recruits (one in October and one in November).

Alcohol Licensing

13 The number of on-licences has decreased slightly because with licence renewals some licensees who used to have caterer’s off-licences, or separate caterer’s on-licences, have changed the style of licence to combine the two. Other licence types have remained relatively constant with some premises changing ownership but no new premises.

14 The number of special licence applications has mirrored the same period last year while there has been an increase in the number of manager’s certificate applications.

Environmental Health

‘A’ Graded Food Premises

15 This quarter has seen an increase of food premises with an A Grade. This number continues to increase as more food operators start using the Safe and Suitable Food Control Plans. All the remaining businesses still registered under the old system must transition to the new Food Act by 30 November 2018.

Noise

16 This quarter has seen an increase in the number of noise complaints with the majority coming from properties in Central and North Dunedin. Towards the end of 2018 meetings will be held with representatives from the Police, University, landlords/property managers and Noise Control to prepare for the new year and the associated activities.

Animal Services

17 This quarter has seen an increase in complaints received about dogs roaming and behaving aggressively. The total number of complaints relating to attacks on people and other animals is lower this quarter than this time last year.

Parking Services

18 This quarter has seen an increase in parking infringements compared to this time last year which is due to a full complement of staff.

19 Due to the low price of scrap metal more owners are choosing to abandon their vehicles rather than sell them. This quarter there has been a 26% increase in the number of abandoned vehicles requests compared to the same period in 2017. When comparing this quarter’s numbers to that reported in the previous quarter there has been an increase in complaints relating to blocked leased car parks. Over this period no complaints were received about commercial use of footpaths.

Eco Design Advisor Service

20 A new Eco Design Advisor Service was launched at the end of July. A total of 78 referrals were received with 39 home performance assessments completed as at the end of September. One referral was for a new build design. A total of 12 home assessments were referred to funded insulation schemes. The Eco Design Advisor will be present at the Home and Living Show on the 3 and 4 November and has been involved in a number of community meetings with regards to housing and sustainability.

Major Initiatives

21 The following section is not confined to the Jul - Sep 2018 quarter and also provides updates on the current status of the initiatives.

22 Proposed Second Generation Dunedin City District Plan (2GP) - The 2GP Hearings Panel finished decision report writing and handed reports back to the DCC Policy Planning team over August and September. Planners have undertaken a comprehensive cross-check to make sure all decisions align between the decision reports, electronic plan and mapping. The 2GP Support team are preparing the electronic plan for the release of Decisions which will be publicly notified on the 7 November 2018. Other areas of work underway include technical updates to pathway/LIMs/PIMs, communication tasks such as letters to submitters, public notices, website updates and the preparation of an appeals management system. The appeals period will run for 30 working days from the 8 November to 19 December 2018.

23 Dunedin Waterfront – The feasibility work has now been completed and value engineering undertaken to improve the commercial feasibility of the project. This work has fed into the draft business case which has been developed by the consultancy team with input from staff and the key stakeholders. The stakeholders met on 5 October and confirmed their commitment to the transformational vision – despite it presenting challenges in terms of conventional commercial feasibility.

24 The business case will be reported to Council at the end of October along with recommendations regarding the structure of the delivery agency to progress the implementation. The intention is to submit an application to the Provincial Growth Fund in November for capital funding.

25 The public exhibition at Toitu has now closed and the models have been relocated to a shopfront unit fronting the Octagon. Plans are being developed by Animation Research Limited to incorporate interactive elements in this feedback space. The space should be open to the community in early December.

26 Dunedin Heritage Fund - All DCC heritage funding types were combined into a single heritage fund from 18/19. This will make it easier for applicants to understand and access funding and reduce the need for multiple applications. It is anticipated this will improve satisfaction.

27 South Dunedin Future – Staff are exploring the potential for a Provincial Growth Fund project to support the transition to a more climate-adapted city focusing on South Dunedin. A technical advisory group has been established between Dunedin City Council and Otago Regional Council and has met twice. The focus of this group is establishing a strong scientific evidence base to support climate change adaptation decision making.

28 CouncilMARK Survey - The CouncilMARK Survey is a Local Government New Zealand process that assesses councils across New Zealand and their use of best practice procedures, with a view to providing insights that can drive improvements. The assessment has two parts: a written response to 94 questions; and, then a 2 day on-site assessment by two independent assessors who interview both staff and Elected Members. The final mark for the Dunedin City Council and a report of strengths and weaknesses is made publicly available following the assessment. A staff team has been working to collect information and supporting documentation to draft the written response and the onsite assessment will take place on 21-22 November.

Capital Projects

29 Warehouse Precinct – Stages 3/4

The Jetty Street pedestrianisation has been completed and has provided a new focus to the Warehouse Precinct. The improvements under the bridge have provided a useful covered public space including a recycling station and cycle parking.

Works have been tendered for Abutment Square and will start on site in mid-October for a 10 week contract period. These improvements focus on creating a unique urban space that celebrates the historic significance of the stone abutment and stairs which are well used by pedestrians.

30 Subject to Committee approval, the improvements to Bond Street will be tendered for construction with further additional consultation with stakeholders. These works include an upgrade of the existing streetscape including green infrastructure, in-keeping with the adopted Global Street Design Guide. Further streetscape improvements are proposed at the southern section of the street with emphasis on improved crossing points and pedestrian access.

31 Central City Plan (CCP) - The project team is continuing work on the Design Guide to inform the design work for the CCP. The project advisory group has held its first meeting. This group contains representatives from key stakeholders around the city. The next steps are to progress master planning for the three projects included in the 10-year plan funding. This will include public consultation which is expected to occur later in the year. The Otago Regional Council has agreed to alter bus routes so that buses are taken off George Street and Princes Street between the Fredrick Street / George Street intersection and Princes Street / Moray Place intersection. DCC is currently undertaking modelling work to inform the Central City Plan and Dunedin Hospital project. This will be used to inform the timing of the decision about when the buses will be removed.

OPTIONS

32 As this is an update report there are no options.

NEXT STEPS

33 A further update report will be provided after the conclusion of the next quarter.

34 Key areas of focus for the next quarter include:

a) Release of decisions on 2GP and receipt of appeals.

b) Progressing masterplanning on the 10 Year Plan capital projects.

c) Submitting the bid for capital funding for the Waterfront revitalisation.

Signatories

Authorisers:

Adrian Blair - Group Manager Customer and Regulatory Services

Nicola Pinfold – Group Manager Community and Planning

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This report relates to providing a public service and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☒	☐	☐

The Planning and Environment portfolio of activities support the outcomes of a number of strategies.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

As an update report, there are no specific implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

As an update report, there are no implications for the LTP, although some measures are level of service performance measures annually reported as part of the LTP.

Financial considerations

The updates reported are within existing operating and capital budgets.

Significance

This decision is considered of low significance under the Significance and Engagement Policy.

Engagement – external

As an update report, no external engagement has been undertaken.

Engagement - internal

As an update report, no internal engagement has been undertaken. Input to the major initiatives and project updates has been provided by teams within Regulatory Services and Community and Planning Groups, with the Group Manager Transport also providing input regarding the Central City Plan.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no specific implications for Community Boards.

Chairperson	Cr David Benson-Pope
Deputy Chairperson	Cr Damian Newell	Cr Conrad Stedman
Members	Mayor Dave Cull	Cr Rachel Elder
	Cr Christine Garey	Cr Doug Hall
	Cr Aaron Hawkins	Cr Marie Laufiso
	Cr Mike Lord	Cr Jim O'Malley
	Cr Chris Staynes	Cr Lee Vandervis
	Cr Andrew Whiley	Cr Kate Wilson