Notice of Meeting:

I hereby give notice that an ordinary meeting of the Regulatory Subcommittee will be held on:

 

Date:                                                    Tuesday 6 October 2020, 1.00 pm

Wednesday 7 October 2020, 2.00 pm

 

Venue:                                                Edinburgh Room, Municipal Chambers, The Octagon, Dunedin

 

Sandy Graham

Acting Chief Executive Officer

 

Regulatory Subcommittee

Trading in Public Places

PUBLIC AGENDA

 

MEMBERSHIP

 

Chairperson

Cr Andrew Whiley

 

 

 

 

Members

Cr Christine Garey

Cr Marie Laufiso

 

Cr Chris Staynes

 

 

Senior Officer                                               Simon Pickford, General Manager Community Services and Development

 

Governance Support Officer                  Wendy Collard

 

 

 

Wendy Collard

Governance Support Officer

 

 

Telephone: 03 477 4000

wendy.collard@dcc.govt.nz

www.dunedin.govt.nz

 

 

 

 

 

 

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted.

 


Regulatory Subcommittee

6 October 2020

 

 

ITEM TABLE OF CONTENTS                                                                                                                                         PAGE

 

1             Apologies                                                                                                                                                                    4

2             Confirmation of Agenda                                                                                                                                        4

3             Declaration of Interest                                                                                                                                           5      

Part A Reports (Committee  has power to decide these matters)

4             Proposed Trading in Public Places Bylaw - Results of Consultation                                                    11

5             Speaking Schedule                                                                                                                                                28             

 

 


Regulatory Subcommittee

6 October 2020

 

 

1          Apologies

At the close of the agenda no apologies had been received.

2          Confirmation of agenda

Note: Any additions must be approved by resolution with an explanation as to why they cannot be delayed until a future meeting.


Regulatory Subcommittee

6 October 2020

 

Declaration of Interest

 

  

EXECUTIVE SUMMARY

1.         Members are reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

 

2.         Elected members are reminded to update their register of interests as soon as practicable, including amending the register at this meeting if necessary.

 

RECOMMENDATIONS

That the Subcommittee:

a)     Notes/Amends if necessary the Elected Members' Interest Register attached as Attachment A; and

b)     Confirms/Amends the proposed management plan for Elected Members' Interests.

 

 

Attachments

 

Title

Page

a

Elected Members' Register of Interest

7

  



Regulatory Subcommittee

6 October 2020

 

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Regulatory Subcommittee

6 October 2020

 

Part A Reports

 

Proposed Trading in Public Places Bylaw - Results of Consultation

Department: Customer and Regulatory Services

 

 

 

EXECUTIVE SUMMARY

1          This report presents a summary of the submissions and other feedback provided during consultation on the proposed Trading in Public Places Bylaw.

2          There were 66 submissions made during consultation on the proposed Trading in Public Places Bylaw. The special consultative procedure was used for consultation, as required by the Local Government Act 2002 (the Act). Of these submissions, 67% supported the general direction of the proposed bylaw, 23% do not support its general direction and 11% did not complete this question.

3          There was one late submission and it is recommended that the Regulatory Subcommittee (the subcommittee) decides whether to accept this.

4          Eleven submitters wish to be heard.

RECOMMENDATIONS

That the Committee:

a)     Accepts the late submission

b)     Considers the results of the consultation on the proposed Trading in Public Places Bylaw

c)     Makes recommendations to the Council on the proposed Trading in Public Places Bylaw.

 

BACKGROUND

Early review of bylaw

5          In March 2019, the Council approved early review of the Mobile Trading and Temporary Stall Bylaw with a view to including rental share scheme operators such as electric scooter companies following the arrival of a rental electric scooter company earlier that year.

Proposed new Trading in Public Places Bylaw

6          Following a review, a new Trading in Public Places Bylaw was proposed that encompasses a number of additional trading activities.

7          The approach was to develop a short bylaw consisting of a wider definition of trading, requirement for traders to have permit to operate, a requirement for operators to comply with permit conditions, penalties for breaches, and enforcement. Permit conditions would sit separately from the bylaw. This approach should be more accessible and simpler for the public. It should also provide greater flexibility should conditions need to be amended or updated, for example with the arrival of unforeseen types of trading.

8          In February 2020 the Council approved a draft Trading in Public Places Bylaw and statement of proposal for consultation.

Proposed trading activities

9          Proposed activities to come under the bylaw are rental share scheme operations, commercial users of footpaths, street fundraising, street performing and footpath art. This is in addition to mobile traders and temporary stalls which are already covered in the Mobile Trading and Temporary Stall Bylaw. It is proposed these activities continue to be covered under the new bylaw.

10        The location of any new specific mobile trading sites will be worked through in consultation with mobile traders. Any proposed new sites will be the subject of separate community engagement and a separate report to the Council as work is developed in accordance with the central city and tertiary precinct upgrades as well as the city as a whole.

11        While some activities such as the commercial use of footpaths and street performing already have conditions, they are not currently covered by a bylaw so there is currently no legal requirement to have permits and to comply with conditions.

12        For trading activities with current guidance or conditions in place, this was reviewed. There was minimal change to street fundraising, street performing, mobile trading and commercial use of footpaths. If included in the bylaw, conditions for these activities would supersede current guidance and policy.

13        Conditions were developed for rental scheme operators, touting and footpath art. Conditions for all activities were included with the consultation documents. While consultation focused on what activities should be included in the bylaw, some did comment on the conditions, e.g. busking. Conditions are seen as operational and for staff consideration.

Smokefree outdoor dining

14        The opportunity was also taken to gauge support for options to promote smokefree outdoor dining in Dunedin. In line with the Smokefree Dunedin Policy which supports the goal of a smokefree Dunedin, two options were provided which would promote smokefree outdoor dining in Dunedin.

15        Many other local authorities have smokefree outdoor dining in place through policies and licence conditions. Generally, this would require businesses to provide smokefree signage and to prohibit ash trays. This approach usually depends on promotion of smokefree rather than active enforcement.

Pedestrian access

16        The proposed bylaw includes provisions for pedestrian access for trading activities. Pedestrian access is defined as “a minimum width of unobstructed access for pedestrians must be maintained as follows: 3m in the central business district zone of the 2GP and 1.5m in all other areas”. This aligns with Second Generation District Plan requirements which were consulted on as part of the review of the District Plan.

DISCUSSION

Consultation

17        Consultation on the proposed Trading in Public Places Bylaw, using the special consultative procedure, was carried out from 5pm Wednesday 1 July until 5pm Monday 3 August.

18        Methods of consultation included the Dunedin City Council (DCC) website, notices, advertisements and media releases for the Otago Daily Times and The Star and posts on the DCC social media.

19        Information was also sent to the Dunedin People’s Panel and distributed through networks for interest groups and stakeholders such as tour operators, disability and older persons, businesses, arts and culture and street fundraisers.

20        Earlier in the review, there was pre-consultation with stakeholder groups which informed the options and proposals.

Social media

21        Two notices were posted on DCC social media advertising the consultation, one part way through the consultation on 17 July and a reminder that the consultation was closing soon on 30 July.

22        This resulted in various discussion, mainly around whether fees would be or should be charged for different activities. There was also some discussion around whether smokefree should be promoted at licenced outdoor dining venues.

Submissions

23        66 submissions were received during the consultation period and there was one late submission.

24        Of the 66 submissions, 14 were from organisations and the remainder from individuals. Organisations include Southern District Health Board, Lime, Disabled Persons Assembly (DPA), Cancer Society NZ, City Walks and Bookatour.

25        The Dunedin Fringe Arts Trust submission about street performing was supported by 31 signatories.

Summary of submissions

26        Results of the submissions are summarised by the topics and questions presented in the submission form. Note that while there were 66 submissions in total, not all respondents answered all questions and this is why the total number of respondents varies for each topic.

General direction of proposed bylaw

27        The submission form asked, Overall, do you agree with the general direction of the proposed Trading in Public Places Bylaw?

 

Number

%

Yes – agree with general direction

44

67

No – do not agree with general direction

15

23

Did not complete this question

7

11

TOTAL

66

100

 

28        Of those who responded to this question, two thirds (67%) agree with the general direction of the proposed bylaw, 23% do not agree and 11% did not answer this question. (The total does not add up to 100% due to rounding.)

Rental scheme operators

29        The submission form asked, “Do you support the proposal that rental scheme operators such as commercial e-scooter companies, must have a permit to operate and must adhere to conditions based on a code of practice?”

 

Number

%

Yes

57

97

No

2

3

TOTAL

59

100

 

30        Of those who responded to this question, 97% support this proposal and 3% do not support it.

31        Submitters were asked reasons for their answer and common themes from the 48 responses were that inclusion in the bylaw would help with safety and prevent nuisance, that it would control this activity and that it is appropriate for commercial operators to pay for use of public space.

32        Some submitters, such as CCS, DPA and Vision Impairment Charitable Trust Aotearoa (VICTA), want national regulation on things such as e-scooter speed and e-scooter use on footpaths. The New Zealand Transport Agency (NZTA) consulted on a number of related measures in their Accessible Streets Regulatory package earlier this year and it likely that national regulation will be introduced in due course.

Street fundraising

33        The submission form asked, “Should street fundraising be included in the bylaw?”

 

 

Number

%

Yes

31

54

No

26

46

TOTAL

57

100

 

34        Of those who responded, just over half (54%) support the inclusion of street fundraising in the bylaw and 46% do not support it.

35        Submitters were asked reasons for their answer. There were 37 responses and common themes for those supporting this were to ensure safety and prevent nuisance. Common reasons for those not supporting this were that there seem to be no problems with this activity, that inclusion in the bylaw could hinder this activity, that it is for charitable purposes and inclusion would be too bureaucratic.

Street performing/busking

36        The submission form asked, “Should street performing, such as busking, be included in the bylaw?”

 

Number

%

Yes

30

52

No

28

48

TOTAL

58

100

 

37        Of those who responded, responses were split with just over half (52%) supporting the inclusion of street performing in the bylaw and 48% not supporting it.

38        Submitters were asked reasons for their answer and there were 37 responses. For those who think street performing should be included in a bylaw common themes were to prevent nuisance and ensure safety and to provide guidance and control around this activity.

39        For those who did not think street performing should be included in a bylaw, common themes were that this would be too restrictive and bureaucratic and it could hinder vibrancy and culture in the city.

40        The submission from the Dunedin Fringe Arts Trust was supported with 31 signatories. This submission had concerns with some of the street performing conditions; specifically, pedestrian access, time allowed to perform, and seeking permission from retailers, which could discourage rather than encourage street performing. 

41        Staff comment on these issues is that the pedestrian access requirements included in the bylaw aligns with District Plan requirements which had been previously consulted on. The performance time of 60 minutes has not changed, however the set up time of 30 minutes was removed from the conditions. Set up time is still allowed but has not been specified as it is variable for each performer. The condition, requiring performers to have permission from retailers outside whose premises they are performing, was added in response to complaints from some retailers.

Touting

42        The submission form asked, “Should conditions for touting be included in the bylaw?”

 

Number

%

Yes

46

85

No

8

15

TOTAL

54

100

 

43        Of those who responded, most (85%) support the inclusion of touting in the bylaw and 15% do not support it.

44        Submitters were asked reasons for their answer and there were 27 responses. Common themes were this activity should be regulated as it is a commercial activity and that it would prevent nuisance.

Footpath art

45        The submission form asked, “Should footpath art be included in the bylaw?”

 

Number

%

Yes

27

49

No

28

51

TOTAL

55

100

 

46        Of those who responded, responses were split with 51% not supporting the inclusion of footpath art in the bylaw and 49% supporting it.

47        Submitters were asked reasons for their answer and there were 29 responses. Common themes were that including it in a bylaw would be too restrictive, it would hinder vibrancy and discourage culture in the city. A common reason for those who think it should be included in the bylaw were that all trading activities in public places should be regulated.

Commercial use of footpaths

48        The submission form asked, “Should commercial use of footpaths be included in the bylaw?”

 

Number

%

Yes

50

86

No

8

14

TOTAL

58

100

 

49        Of those who responded, the majority (86%) support the inclusion of the commercial use of footpaths in the bylaw and 14% do not support it.

50        Submitters were asked reasons for their answer and there were 34 responses. Common themes were that commercial activities should be regulated and pay for public space, that regulation would ensure safety and prevent nuisance.

Smokefree outdoor dining areas

51        The submission form asked, “Which option do you prefer in relation to the promotion of smokefree licenced outdoor dining?”

 

Number

%

Provide an incentive for businesses to promote smokefree outdoor dining by way of discount to their commercial use of footpaths fee i.e. businesses can choose

8

14

Make promotion of smokefree outdoor dining a condition of all commercial use of footpaths permits

34

61

I do not think smokefree should be promoted at licenced outdoor dining premises

14

25

TOTAL

56

100

 

52        Of those who responded to this question, most (61%) support the option of making promotion of smokefree outdoor dining a condition of all commercial use of footpath permits. A quarter do not think smokefree should be promoted at licenced outdoor dining premises and 14% support the option of providing an incentive to businesses to promote smokefree outdoor dining by way of a discount to the commercial use of footpath fee i.e. businesses can choose.

53        Submitters were asked reasons for their answer and there were 41 responses. The most common theme for those wanting to promote smokefree outdoor dining was health benefits and that it should be the same as indoor dining. A reason given for those not wanting to promote smokefree was that it would limit choice for smokers.

54        The Southern District Health Board, Smokefree Otago, and Cancer Society all submitted to include promotion of vaping-free as well as smokefree as a condition of commercial footpath permits. The Cancer Society would also like smokefree ‘outdoor dining’ to be extended to ‘outdoor hospitality’ i.e. outdoor drinking areas and bars as well as dining areas.

55        The Vaping Amendment Bill was passed in August 2020 to include vaping in the Smokefree Environments Act 1990. It means that from November 2020 vaping in internal workplaces will be prohibited and that advertising vaping and selling vaping products to under 18 year olds will be prohibited. Schools and early childhood centres will also have to display ‘no smoking or vaping’ signs’.

Other Councils

56        Approaches of other councils to trading activities were considered when developing the draft bylaw. Most cities with e-scooter rental schemes have bylaws that require permits for their operation. A number of Councils also require permits for activities such as footpath art, street fundraising and street performing such as busking.

57        Many other local authorities have smokefree outdoor dining in place through policies and licence conditions. Generally, this requires businesses to provide smokefree signage and to prohibit ash trays. This approach usually depends on promotion of smokefree rather than active enforcement.

58        Some Councils include conditions for all trading activities within the bylaw itself, whereas others have shorter bylaws and separate conditions.

OPTIONS

59        There are no options to this report as the purpose is to present a summary of submissions.

NEXT STEPS

60        Next steps are for the Regulatory Subcommittee to consider consultation results and make recommendations to the Council regarding the proposed Trading in Public Places Bylaw.

 

Signatories

Author:

Anne Gray - Policy Analyst

Authoriser:

Simon Pickford - General Manager Community Services

Attachments

 

Title

Page

a

Draft Trading in Public Places Bylaw

21

 

SUMMARY OF CONSIDERATIONS

 

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

This decision promotes the economic well-being of communities in the present and for the future.

This decision promotes the environmental well-being of communities in the present and for the future.

This decision promotes the cultural well-being of communities in the present and for the future.

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

 

This summary report for consideration has no impact on the strategic framework, however a proposed Trading in Public Places Bylaw has potential to contribute to most strategies in terms of safe and healthy people, compelling destination, active transport modes, low carbon transport options, vibrant city and liveable city.

Māori Impact Statement

This summary report for consideration has no specific impacts for tangata whenua.

Sustainability

This summary report for consideration has no specific impacts for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

This summary report for consideration has no impacts for these documents.

Financial considerations

There are no financial implications to this summary report.

Significance

Significance is assessed as low to medium for Trading in Public Places Bylaw proposals. There was pre-consultation with several stakeholder groups to inform options for proposals. The special consultative procedure was used to consult on proposals, as required by the Local Government Act 2002.

Engagement – external

External parties have been engaged at various stages of this review includes a Special Consultation procedure.

 

Engagement - internal

There has been internal engagement during this review with staff from Transportation, Customer and Regulatory Services (Building, Compliance, Parking), Parks and Recreation, Solid Waste, Enterprise Dunedin, Events and Community Development, in-house legal counsel, Governance, Property, City Development, City Planning, Ara Toi and Corporate Policy.

Risks: Legal / Health and Safety etc.

There are no identified risks to this summary report for consideration.

Conflict of Interest

There is no known conflict of interest.

Community Boards

This summary report for consideration has no specific implications for Community Boards.  Community Board had the opportunity to make a submission.

 

 


Regulatory Subcommittee

6 October 2020

 

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Regulatory Subcommittee

6 October 2020

 

 

Speaking Schedule

Department: Civic

 

 

 

 

EXECUTIVE SUMMARY

1          Please find attached the speaking schedule as at 24 September 2020.

 

 

 

Signatories

Author:

Wendy Collard - Governance Support Officer

Authoriser:

Clare Sullivan - Team Leader Civic

Attachments

 

Title

Page

a

Speaking Schedule

29

 

 


Regulatory Subcommittee

6 October 2020

 

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