Regulatory Subcommittee
Trading in Public Places Bylaw Hearing
MINUTES
Minutes of an ordinary meeting of the Regulatory Subcommittee held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin on Tuesday 06 October 2020, commencing at 1.00 pm.
PRESENT
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Chairperson |
Cr Andrew Whiley |
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Members |
Cr Christine Garey |
Cr Marie Laufiso |
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Cr Chris Staynes |
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IN ATTENDANCE |
Simon Pickford (General Manager Community Services), Ros MacGill (Manager Compliance Solutions) and Anne Gray (Policy Analyst); Nick Sargent (Transport Strategy Manager); Cara Paterson (Ara Toi Relationship Advisor Arts and Culture); Louise van de Vlierd (Manager Visitors Centre)
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Governance Support Officers Rebecca Murray and Lauren McDonald
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Moved (Cr Andrew Whiley/Cr Christine Garey): That the Subcommittee:
Confirms the agenda without addition or alteration.
Motion carried (RSCCC/2020/001) |
Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.
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Moved (Cr Andrew Whiley/Cr Marie Laufiso): That the Subcommittee:
a) Notes the Elected Members' Interest Register; and b) Confirms the proposed management plan for Elected Members' Interests. Motion carried (RSCCC/2020/002) |
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4 Proposed Trading in Public Places Bylaw - Results of Consultation |
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A report from Customer and Regulatory Services, presented a summary of the submissions and other feedback provided during consultation on the proposed Trading in Public Places Bylaw. The report provided information to the subcommittee on one late submission received for consideration as to whether the subcommittee would accept it. The report noted that there were 66 submissions made during consultation on the proposed Trading in Public Places Bylaw. The General Manager Community Services (Simon Pickford), the Manager Compliance Solutions (Ros MacGill) and Policy Analyst (Anne Gray) spoke to the report and responded to members’ questions. |
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Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Subcommittee:
a) Accepts the late submission. Motion carried (RSCCC/2020/003) |
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The people who had indicated they wished to be heard in support of their submissions presented to the subcommittee. |
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Catherine Thomas and Debby Newton, Southern District Health Board Catherine Thomas and Debby Newton spoke to their submission from the Southern District Health Board on smoke free and vape free outdoor dining.
Ms Thomas and Ms Newton responded to members’ questions.
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Sophie Carty, Cancer Society NZ Otago/Southland Sophie Carty spoke to their submission from the Cancer Society NZ Otago/Southland on smoke free and vape free outdoor dining.
Ms Carty responded to members’ questions.
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Dr Lynley Hood, Visual Impairment Charitable Trust Aotearoa Dr Lynley Hood spoke to the Visual Impairment Charitable Trust Aotearoa submission.
Dr Hood responded to members’ questions.
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Chris Ford, Disabled Persons Assembly NZ (DPA) Chris Ford spoke in support of the DPA’s submission and reiterated the need to keep obstacles clear on footpaths.
Mr Ford responded to members’ questions.
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Moved (Cr Andrew Whiley/Cr Christine Garey): That the Subcommittee:
a) Adjourns the meeting.
Motion carried (RSCCC/2020/004) |
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The meeting was adjourned 2.16 pm and reconvened at 2.36 pm.
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Mary O’Brien, CCS Disability Action On behalf of CCS Disability Action, Mary O’Brien spoke to their submission and reiterated the importance of remembering that not all disabilities are visible.
Ms O’Brien responded to members’ questions.
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Moved (Cr Andrew Whiley/Cr Marie Laufiso): That the Subcommittee:
a) Adjourns the meeting.
Motion carried (RSCCC/2020/005)
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The meeting was adjourned at 2.55 pm and reconvened at 2.30 pm.
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John Marrable and Simon Fogarty John Marrable and Simon Fogarty spoke to their submission and reiterated the health and safety concerns within their presentation.
Mr Marrable and Mr Fogarty responded to members’ questions.
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Jayde Regassa, Albion Café Jayde Regassa spoke in support of her submission and requested that any rules for busking need to be enforced.
Ms Regassa responded to members’ questions.
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Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Subcommittee:
Adjourns the meeting.
Motion carried (RSCCC/2020/006)
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The meeting adjourned at 4.20 pm on Tuesday 6 October and reconvened on Wednesday, 7 October 2020 at 2.00 pm.
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Cr Whiley moved that due to the withdrawal of Mr Harry Pleace from the speaking schedule for the meeting to adjourn until 2:15 when the next scheduled speaker, Lime Scooters Ltd, would join the meeting via Zoom.
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Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Subcommittee:
Adjourns the meeting until 2:15pm.
Motion carried (RSCCC/2020/007) |
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The meeting recommenced at 2:15pm.
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Lauren Mentjox, Lime Lauren Mentjox joined the meeting via Zoom and spoke against the inclusion of rental scheme operators into the bylaw with Lime Ltd preferring the status quo to remain.
Ms Mentjox responded to members’ questions.
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Moved (Cr Andrew Whiley/Cr Chris Staynes): That the Subcommittee:
Move into deliberations.
Motion carried (RSCCC/2020/008)
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The meeting moved into deliberations at 2:40pm.
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Moved (Cr Christine Garey/Cr Chris Staynes): That the Subcommittee:
Adjourns the meeting until 2:50pm.
Motion carried (RSCCC/2020/009) |
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The meeting reconvened at 2:50pm. |
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Deliberations |
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Touting Louise van der Vlierd, Manager Visitors Centre spoke to past incidents and cited the major issue at the wharf at Port Chalmers experienced by cruise ship visitors. She advised that touting was also a prevalent issue in the Octagon and that a permit would allow pathways to be kept free and allow enforcement, if operators were not abiding by the permit rules.
Moved (Cr Chris Staynes/Cr Christine Garey):
That the Subcommittee:
Supports the inclusion of conditions for Touting being included in the Trading in Public Places Bylaw.
Motion carried
Street Performing Cara Paterson, Ara Toi Relationship Advisor Arts & Culture responded to questions from members on the submissions received and referenced Melbourne City’s busking handbook as a fair process for the management of street performing (including busking) and outlined the range, permit conditions and classifications of that handbook.
Members saw the benefit of designated locations for busking in the CBD, especially for Albion Lane.
Moved (Cr Christine Garey/Cr Chris Staynes):
That the Subcommittee:
Agrees that Street Performing be included in the Trading in Public Places Bylaw.
Motion carried
Street fundraising Anne Gray, Policy Analyst advised that there were minimal proposed changes to the management of street fundraising.
Moved (Cr Marie Laufiso/Cr Chris Staynes):
That the Subcommittee:
Agrees that Street Fundraising be included in the Trading in Public Places Bylaw.
Motion carried
Footpath Art Discussion was held on the inclusion of footpath art into the bylaw, including the preference for footpath art, such as chalk drawing to be captured under the street performing definition.
Moved (Cr Christine Garey/Cr Chris Staynes):
That the Subcommittee:
Agrees that Footpath Art be included under the Street Performing trading activity in the Trading in Public Places Bylaw.
Motion carried
Commercial use of footpaths
Moved (Cr Chris Staynes/Cr Christine Garey):
That the Subcommittee:
Agrees that Commercial use of Footpaths be included in the Trading in Public Places Bylaw.
Motion carried
Smoke free outdoor dining areas:
Discussion was held on the question as to whether smoke free licensed outdoor dining should be promoted via a discount incentive or made a condition for all outdoor dining permits.
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Moved (Cr Christine Garey/Cr Chris Staynes): That the Subcommittee:
Recommends that Council makes the promotion of smoke free and vape free outdoor hospitality a condition of all commercial use of footpath permits.
Division That the Subcommittee
Votes by division.
For: Crs Christine Garey and Chris Staynes (2). Against: Cr Andrew Whiley (1). Abstained: Cr Marie Laufiso (1).
The division was declared CARRIED by 2 votes to 1
Motion carried (RSCCC/2020/010) |
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Moved (Cr Andrew Whiley/Cr Christine Garey): That the Subcommittee:
a) Adjourns the meeting.
Motion carried (RSCCC/2020/011)
The meeting was adjourned from 4:20 pm and reconvened at 4:25 pm. |
The meeting concluded at 4:29 pm.
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CHAIRPERSON