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Council
24 September 2024
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Review of Dunedin's Local Alcohol Policy
Department: Civic
EXECUTIVE SUMMARY
1 Dunedin
City Council’s Local Alcohol Policy (LAP) took effect on 1 February 2019
and is required to be reviewed no later than six years after it came into
force, i.e. by 1 February 2025.
2 The
draft replacement LAP (Attachment A) contains several proposed changes from the
current LAP (Attachment B). These changes, based on feedback from
stakeholders, are to improve alcohol outcomes by amending on and off-licence
maximum hours, place a moratorium on new off-license premises in an area north
of the Octagon, and include some discretionary conditions able to be used by
the District Licensing Committee (DLC).
3 It
is proposed that the draft LAP go out for consultation via the statutorily
required special consultative procedure under the Local Government Act (2004)
after it has been reviewed for legal compliance. Submissions received
will be considered by a hearings sub-committee.
RECOMMENDATIONS
That the Council:
a) Approves the draft
Local Alcohol Policy, subject to legal review, for public consultation via the
special consultative procedure under the Local Government Act (2004).
b) Notes that the Chair
of the Hearings Panel, Cr O’Malley has exercised his delegation to
appoint the panel which is Cr O’Malley (Chair) and Crs Barker,
Benson-Pope, Garey, Gilbert, Walker and Whiley.
c) Notes that the panel
will consider the submissions and report back to Council to seek approval of
the final LAP.
BACKGROUND
4 The
Sale and Supply of Alcohol Act 2012 (the Act) allows territorial authorities to
develop local alcohol policies. LAPs are not mandatory, however if one is
developed certain criteria must be considered. Once adopted, a
territorial authority must bring the LAP into force on a day stated by
resolution.
5 LAPs
are aimed at ensuring the accessibility and availability of alcohol is in line
with the objectives of the Act, which is that the sale, supply and consumption
of alcohol is undertaken safely and responsibly, and that alcohol related harm
minimised. Licences can be refused if they are contrary to a LAP and
conditions may be imposed on a licence if they are required by a LAP.
6 The
LAP must only contain matters that relate to licensing. Section 77(1) of
the Act states that any or all of the following matters may be included:
a) location
of licensed premises by reference to broad areas
b) location
of licensed premises by reference to proximity to premises of a particular kind
or kinds
c) location
of licensed premises by reference to proximity to facilities of a particular
kind or kinds
d) whether
further licences (or licences of a particular kind or kinds) should be issued
for premises in the district concerned, or any stated part of the district
e) maximum
trading hours
f) the
issue of licences, or licences of a particular kind or kinds, subject to
discretionary conditions
g) one-way
door restrictions.
7 When
producing the draft policy, the Council must have regard to:
a) the
objectives and policies of the district plan
b) the
number of licences of each kind held for premises in the district, and the
location and opening hours of each of the premises
c) any
areas in which bylaws prohibiting alcohol in public places are in force
d) the
demography of the district’s residents
e) the
demography of the people who visit the district as tourists or holiday makers
f) the
overall health indicators of the district’s residents
g) the
nature and severity of the alcohol-related problems arising in the district.
8 The
Council must consult with the Police, Medical Officer of Health and Licensing
Inspectors before the draft LAP is finalised.
9 Last
year the Sale and Supply of Alcohol (Community Participation) Amendment Act
(2012) came into force. One of the consequences of the amendment is that
final LAPs can no longer be appealed by submitters, although they still have
the option of a Judicial Review. The amendment also allows greater
community participation in the licensing process by removing some of the
barriers to objecting to licence applications. Further, there is no
longer a requirement to do a provisional local alcohol policy for notification.
DISCUSSION
10 The Council’s
current LAP came into force on 1 February 2019, meaning that it expires on 1
February 2025. Originally the adopted LAP was to undergo a
‘rapid’ review after two years to gauge the effect it was having on
the community and identified alcohol-related harms. This was not
undertaken because of the 2020 pandemic and subsequent disruption to
hospitality generally.
11 Various
groups (Attachment C) were asked for initial feedback on the current LAP.
Some changes have been suggested including a reduction in licence hours for
both on and off-licences and the inclusion of discretionary conditions to
off-licences.
12 The
following table summarises the proposed changes which have been incorporated
into the draft replacement LAP for public consultation:
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Element
of LAP
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Current
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Proposed
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Comment
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Off-licence
hours
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7.00 am
to 10.00 pm
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7.00 am
to 9.00 pm
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To
reduce the late, impulse purchase of alcohol.
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New
off-licence premises
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No
restrictions
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No new
premises in an area between the Octagon and Gardens Shopping Centre
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To
limit supply of alcohol in the area occupied by predominantly 18-24 year
olds.
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On-licence
hours
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Opening
time 8.00 am
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Opening
time 9.00 am
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Considered
unnecessary to offer alcohol for sale at 8am. A low impact adjustment.
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Entertainment
Venues
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5.00 pm
to 4.00 am
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5.00 pm
to 3.00 am
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To
align the late night venue closing times.
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‘Sensitive
facility’ definition
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Educational/recreational
facilities likely to attract people under 18 years of age.
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Include
marae and places of worship.
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To respect
attendees at marae and places of worship
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Off-licence
external advertising
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No
restrictions
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No
promotion or advertising of alcohol on exterior of premises.
Discretionary
condition dependent on premises location.
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Research indicates there is a relationship between young
people’s exposure to alcohol advertising and earlier uptake of drinking
and heavy drinking among adolescents who already drink.1
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Club
managers
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No
requirement to be present on the premises when the bar is open.
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Certified
manager to be present after 5pm or when patron numbers exceed 50 people.
Discretionary
condition dependent on nature of club and nature of activities.
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Some clubs are higher risk of alcohol-related harm
occurring. The requirement to have a certified manager present would
ensure greater compliance with the conditions on the licence relating to
alcohol harm minimisation.
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1 Sargent, J. D. & Babor, T. F. The relationship
between exposure to alcohol marketing and underage drinking is causal. J.
Stud. Alcohol Drugs Suppl. 113–124 (2020)
doi:10.15288/jsads.2020.s19.113.
13 The
proposed change in closing time for off-licence premises would mean alcohol was
less readily available for impulse purchase of alcohol. The changes to
the Act will now allow this to proceed because the element could not be
appealed. Auckland City Council has recently adopted their LAP which
includes off-licence hours of 7.00 am to 9.00 pm.
14 It is
proposed a moratorium on new off-licences would apply to the following area:
There
have been no new licensed premises in the proposed area for over 10 years,
however the inclusion of this element would stop any new off-licence premises
being established in the vulnerable student area.
15 There is no
restriction mentioned in the current LAP regarding external advertising or
promotion of alcohol. The subject has recently been raised at three
off-licence hearings and the District Licensing Committee (DLC) has imposed
conditions relating to what they consider is acceptable. The inclusion of
this element in a LAP may be considered a ‘discretionary’ condition
to be used by the Committee after considering all the factors relating to the
premises, for example, its location in relation to sensitive facilities.
16 On-licence
premises across the district can currently open at 8.00 am. A proposed
later opening time of 9.00 am will likely have a minimal impact upon premises
in Dunedin. While licensed cafes would still be able to open earlier,
they would not be able to sell alcohol.
17 Dunedin
currently has one premises classified as an ‘entertainment’ venue
with the 5.00 pm to 4.00 am licence hours. It is considered unnecessary
by the regulatory agencies, the Police, Medical Officer of Health, and
Licensing Inspectors, for a premises to be open past 3.00 am.
18 Licensed
clubs must have a certified manager, however there is currently no requirement
for that person to be at the club when it is trading. It is proposed that
certified managers are to be present after 5.00 pm or when there are 50 or more
people present. This is proposed is a discretionary condition for the
Committee to impose when considering any risks associated with the premises.
19 The
definition of a ‘sensitive facility’ which is used in the current
LAP does not include marae or places of worship. It is proposed to
include these into the definition.
OPTIONS
Option One – Recommended Option
20 Approve the
attached draft LAP, subject to legal review, for public consultation.
Advantages
· Further
reduction of alcohol-related harm in the community by improving the safe and
responsible sale and consumption of alcohol.
· The
community will have the opportunity to make submissions on the proposed LAP to
reflect their views.
· The
change in legislation will allow the resulting policy to better reflect the
aspirations of the community.
Disadvantages
· Possible
extra costs for specified clubs to have a certified manager on site after 5pm.
Option Two – Abandon the LAP
21 This option
would mean the current LAP would expire on 1 February 2025.
Advantages
· No
Council resources will be used in the development, and subsequent monitoring,
of a LAP.
Disadvantages
· While
alcohol licences could still be granted, the default position for all licences
would be as set out in Act without reference to the local context.
· Alcohol-related
harm in the community may increase without any further checks and balances that
a LAP can provide.
· The
DLC would have no ability to grant licences which reflected the wishes of the
community.
NEXT STEPS
22 Obtain a
legal review of the draft LAP prior to its notification.
23 Publicly
notify the draft LAP with public consultation to take place between 14 October
and 14 November 2024.
24 Submissions
Hearings to occur on 27 and 28 November, and on 4 and 5 December if required.
25 Report to
Council with a final proposed LAP for adopting at its January 2025 meeting.
Signatories
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Author:
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Kevin Mechen - Alcohol, Psychoactive Substances and
Gambling Advisor
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Authoriser:
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Robert West - General Manager Corporate Services
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Attachments
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Title
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Page
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⇩a
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Draft Local Alcohol
Policy
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33
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⇩b
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Current Local Alcohol
Policy
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47
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⇩c
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Stakeholders Consulted
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59
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SUMMARY OF CONSIDERATIONS
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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 cultural
well-being of communities in the present and for the future.
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Fit with strategic framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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✔
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☐
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☐
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Economic Development Strategy
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✔
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☐
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☐
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Environment Strategy
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☐
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☐
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✔
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Arts and Culture Strategy
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☐
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☐
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✔
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3 Waters Strategy
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☐
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☐
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✔
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Future Development Strategy
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✔
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☐
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☐
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Integrated Transport Strategy
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☐
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☐
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✔
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Parks and Recreation Strategy
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☐
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☐
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✔
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Other strategic projects/policies/plans
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☐
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☐
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✔
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This proposal aligns with the following strategic
priorities: Social Wellbeing’s priorities of vibrant and cohesive
communities, and safe and healthy people; Economic Development priority of a
compelling destination; and Future Development priorities of liveable city,
and vibrant and exciting city.
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Māori Impact Statement
The 2022/23 New Zealand Health Survey by the Ministry of
Health found that the highest prevalence of hazardous drinking was among
Māori men (30.9%). The large differences still persist in the prevalence
of hazardous drinking between Māori and non-Māori in the previous
surveys. Māori men were 1.5 times more likely to report hazardous
drinking than non-Māori men. Māori women were 1.98 times more
likely to report hazardous drinking than non-Māori women. By reducing
harm from alcohol, the Crown are more effectively meeting their obligations
under the Treaty of Waitangi. Article Two of the Treaty of Waitangi
guarantees Māori authority over their taonga, including their hauora
(health).
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Sustainability
There are no implications for sustainability.
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LTP/Annual Plan / Financial Strategy /Infrastructure
Strategy
There are no identified implications for the LTP/Annual
Plan, Financial or Infrastructure Strategies.
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Financial considerations
There are no financial considerations identified.
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Significance
This decision is considered to be low
significance in terms of the Council’s Significance and Engagement
Policy.
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Engagement – external
Various organisations were consulted with during the
development of the draft LAP, including: Police, Medical Officer of
Health/Health NZ Southern, St John Ambulance, University of Otago,
Students’ Associations, University Proctor, ADL NZ, ACC, Hospitality
NZ, Students for Sensible Drug Policy Ōtepoti Dunedin, Know Your Stuff,
and Mirror Services.
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Engagement - internal
The Licensing Inspectors and DCC in-house legal counsel
were consulted during the drafting of the LAP.
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Risks: Legal / Health and Safety etc.
There are no known risks. If the LAP is not renewed, the
default position stated in the Sale and Supply of Alcohol Act 2012 would
apply, and the District Licensing Committee still has the ability to impose
conditions on licences on a case-by-case basis after considering the
information presented.
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Conflict of Interest
There is no known conflict of interest.
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Community Boards
There are no known implications for the Community Boards.
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Council
24 September 2024
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Gift of Land at Portobello from The Otago Peninsula
Agricultural and Pastoral Society
Department: Parks and Recreation
EXECUTIVE SUMMARY
1 This
report deals with the gifting of approximately 1.1735 hectares of land owned by
The Otago Peninsula Agricultural and Pastoral Society (the Society) to
the Council. This land is shown on Attachment A (the Land).
2 Negotiations to transfer ownership of the Land to the Council
started in 2019 and have been formalised in an Agreement for Sale and Purchase
executed on 8 July 2024 that records the terms for the land transfer to the
Council (the Agreement). A copy of the Agreement is attached as Attachment B.
3 The
Agreement is conditional on the elected
Council:
a. Approving the
terms of the Agreement;
b. Passing a resolution
to declare the property as a reserve under section 14 of the Reserves Act 1977;
c. Passing a
resolution to classify the property as a recreation reserve under section 16 of
the Reserves Act 1977; and
d. Notifying the Society
in writing of the approval within one year from the date of the Agreement.
4 The Agreement entitles the elected Council to grant or withhold its
approval at its discretion and without giving any reason.
RECOMMENDATIONS
That the Council:
a) Notes the information
contained in this Report
b) Approves the terms of
the Agreement for Sale and Purchase executed between The Otago Peninsula Agricultural and Pastoral Society and
the Council and
accepts the gift of land.
c) Authorises the public
notification of Council’s intention to declare the land referred to in
the Agreement for Sale and Purchase as a recreation reserve under section 14 of the Reserves
Act 1977.
BACKGROUND
5 The Society has
leased the Land, which adjoins the Portobello Domain, to the Council for
recreational purposes since 1 July 2009. That lease included the option for
Council to acquire the Land should the Society no longer wish to retain it.
6 The Land
comprises 11 parcels held in 9 separate land titles and is immediately
adjoining the Portobello Domain (see Attachment A). In earlier times the Land
was used for community purposes associated with the Society’s activities
and by the Peninsula Pony Club (now based elsewhere).
7 The Society has had declining membership for many years
and recognised it no longer had use for the Land.
8 The
Agreement will see the Land gifted to the Council for a purchase price of
$1.00. The gifting is conditional on the Land:
a. Becoming recreation
reserve subject to the Reserves Act 1977 for the general benefit of the
Portobello community; and
b. Council taking all
necessary steps to ensure the Land is not used for camping purposes (including
freedom camping).
9 The
Agreement records that the Council will also take ownership of minor
improvements on the Land, such as fencing and a shed.
DISCUSSION
10 The offer of the gift of
Land is considered by officers to be in the best interests of the Society and
of the community. The Land will require
attention to bring it up to public open space use standards from its present
‘horse paddock’ condition.
11 Accepting the gift of Land
will provide a valuable extension to the Portobello Domain it adjoins which is
owned and administered by the Council and offers sports fields and a pump
track. A potential future use may be for development of a Peninsula Dog Park on
part of the Land, although this is yet to be fully considered.
12 Before the Council can
resolve to declare the Land to be held as recreation reserve, there is a public
notification requirement in section 14(2) of the Reserves Act 1977 to be met.
Once the public notification process has been completed and the Council has
considered all objections (if any), the Council may resolve to:
a. Declare
the Land as a reserve under section 14(1) of the Reserves Act 1977; and
b. Classify
the Land as a recreation reserve under section 16(1) of the Reserves Act 1977,
under a delegation from the Minister of Conservation.
13 Should the Council pass both
of these resolutions, the resolutions would then be gazetted and the Council
and the Society can proceed to settle the Land gifting.
OPTIONS
Option One –
Recommended Option
14 This option confirms
acceptance for the gifting of the Land and authorises public notification of
the intention to declare the Land to be recreation reserve subject to the
Reserves Act 1977.
Advantages
· The community
benefits from addition of a significant area of land to the Portobello Domain
Recreation Reserve and the ability to manage the Land as reserve to enhance the
existing range of recreational opportunities in this locality.
Disadvantages
· The Council will
be responsible for all costs in relation to the Land.
Option Two – Status
Quo
15 This would involve either
seeking a new lease from the Society (although the Society is winding up) or
the land being offered by the Society on the open market.
Advantages
· The Council will
not have any costs in relation to the Land.
Disadvantages
· The Portobello
Domain Recreation Reserve retains its current form and size, and recreational
opportunities in this locality remain somewhat limited.
NEXT STEPS
16 If
the recommendations above are confirmed, then arrangements will be made to
undertake the public notification of the
intention to declare the Land to be recreation reserve subject to the Reserves
Act 1977 and receive any submissions.
Signatories
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Author:
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Owen Graham - Senior Leasing and Land Advisor
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Authoriser:
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Heath Ellis - Acting Group Manager Parks and Recreation
Jeanette Wikaira - General Manager Arts, Culture and
Recreation
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Attachments
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Title
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Page
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⇩a
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Aerial photo showing
Otago Peninsula A&P Society land to be Gifted to DCC
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65
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⇩b
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Executed ASAP The Otago
Peninsula Agricultural & Pastoral Society land gift to DCC
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66
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SUMMARY OF CONSIDERATIONS
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Fit with purpose of Local Government
This decision enables democratic local
decision making and action by, and on behalf of communities.
The recommended option relates to the
provision of new land for public recreational use
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Fit with strategic framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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✔
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☐
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☐
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Economic Development Strategy
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☐
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☐
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☐
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Environment Strategy
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☐
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☐
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☐
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Arts and Culture Strategy
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☐
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☐
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☐
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3 Waters Strategy
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☐
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☐
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☐
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Future Development Strategy
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☐
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☐
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☐
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Integrated Transport Strategy
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☐
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☐
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☐
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Parks and Recreation Strategy
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✔
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☐
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☐
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Other strategic projects/policies/plans
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☐
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☐
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☐
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Acquiring this land will add to the opportunities for
passive and active recreation in this rural setting.
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Māori Impact Statement
No known impacts for Māori.
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Sustainability
The extension of the Portobello Domain through acquiring
the land will provide the ability to consider new recreational activities and
uses for the land otherwise not presently possible in this location.
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LTP/Annual Plan / Financial Strategy /Infrastructure
Strategy
None at this time.
Future uses once identified may require recognition
through subsequent LTP or Annual Plans.
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Financial considerations
No immediate costs other than those required to effect the
transfer of ownership should approval be given to accept the land gifting.
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Significance
The decision has been assessed as being of low
significance under Council’s Significance and Engagement Policy.
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Engagement – external
With the Trustees of The Otago Peninsula Agricultural and
Pastoral Society
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Engagement – internal
Council’s Chief Executive Officer, Parks and
Recreation Senior Leadership Team and Council’s in-house Legal team
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Risks: Legal / Health and Safety etc.
There are no material risks associated with the decisions.
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Conflict of Interest
There are no known conflicts of interest.
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Community Boards
The land to be gifted is located within the Otago
Peninsula Community Board area.
The Community Board is aware of the proposed gift of land
and supports the purchase.
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