Local Alcohol Policy - Gisborne District Council

Table of Contents
1.
What is a Local Alcohol Policy? ..........................................................................................................1
2.
Why a LAP for Gisborne? ......................................................................................................................1
3.
What’s the process of developing a LAP?........................................................................................2
4.
Key Changes in the Proposal ..............................................................................................................3
5.
The Full Proposal .....................................................................................................................................3
5.1 INTRODUCTION ............................................................................................................................................3
5.2 POLICY OBJECTIVE ......................................................................................................................................3
5.3 POLICY PROVISIONS....................................................................................................................................4
6.
What options did Council consider for the draft LAP? ...................................................................6
6.1 Licence Capping ........................................................................................................................6
6.2 Reducing Licence Numbers ......................................................................................................6
6.3 Zoning ............................................................................................................................................6
6.4 Reducing Trading Hours .............................................................................................................7
6.5 Buffer Zones ..................................................................................................................................7
7.
Where do I get further copies of the Draft Local Alcohol Policy..................................................8
8.
How do I make a submission? .............................................................................................................8
1.
What is a Local Alcohol Policy?
A local alcohol policy (LAP) is a set of decisions made by a local council in consultation with its
community about the sale and supply of alcohol in its geographical area.
Local alcohol policies can:
•
limit the location of licences in particular areas or near certain types of facilities, such as
in specific neighbourhoods or near schools or churches;
•
limit the density of licences by specifying whether new licences or types of licences
should be issued in a particular area;
•
impose conditions on groups of licences, such as a “one-way door” condition that
would allow patrons to leave premises but not enter or re-enter after a certain time;
•
restrict or extend the maximum opening hours set in the new Act:
o
o
8am - 4am for on-licences (such as pubs and restaurants)
7am - 11pm for off-licences (such as bottle stores and supermarkets).
LAPs must be reasonable and consistent with the object of the Act, that:
•
the sale, supply, and consumption of alcohol is undertaken safely and responsibly; and
•
the harm caused by the excessive or inappropriate consumption of alcohol is
minimised.
Once a LAP is in place, licensing bodies will have to consider the policy when they make
decisions on licence applications.
LAPs are optional. Local Councils are not required to have a LAP.
2.
Why a LAP for Gisborne?
Community workshops about alcohol were held in April and June 2013 across the Gisborne
District. There were several common themes emerging from the consultation meetings:
•
Concerns about potential harmful impacts of alcohol misuse on youth;
•
Concerns about unruly behaviour, vandalism and littering by intoxicated people;
•
There are enough alcohol outlets particularly in smaller townships and suburban
Gisborne City;
•
Restricting the hours of sale would reduce accessibility particularly for youth; and
•
Many licensed premises in small townships had excellent social responsibility actions,
which is very encouraging.
Following the consultation, Gisborne District Council prepared a discussion paper bringing
together community concerns with research around alcohol-related harm (see
www.gdc.govt.nz). Key research findings on the impacts of alcohol in Gisborne District are:
•
Alcohol is a big factor in at least one half of deaths in people aged under 24 years;
•
Alcohol plays a role in at least 30% of attendees at emergency departments (ED)
during Thursday, Fridays and Saturdays;
A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
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•
Alcohol-related injury figures for Gisborne (2534.4 per 10,000 population) are almost
equal to the national figure (2537.5 per 10,000 population) and up to 60% of injurybased admissions to the emergency department are estimated to be alcohol-related;
•
Roughly 10% of assaults are recorded as alcohol-related by victims;
•
An increase of 22% in police callouts for alcohol-fuelled crime 2008 and 2012;
•
Licensed events such as Rhythm and Vines and FEAST contribute significantly to the
local economy with increased cash card transactions in Gisborne during the five-day
Rhythm and Vines period estimated to be over $4M;
•
The alcohol industry generates employment in the District; for instance in July 2013, 11
liquor stores in Gisborne employed 60 people and 33 grocery stores and supermarkets
employ 430 people;
•
Tourism New Zealand promotes Gisborne as one of the country’s 10 major wineproducing areas;
•
Accessibility to alcohol in Gisborne is high when compared to national data. In 2011,
Gisborne District held 41.3 licensed premises per 10,000 population compared to 34.0
per 10,000 population nationally.
In summary, while alcohol sale and supply in our District has positive economic benefits as part
of major events, employment and the tourism and hospitality industry, Gisborne has higher
than average rates of alcohol-related injury and crime.
In November, Council decided to prepare a draft LAP for community consultation.
3.
What’s the process of developing a LAP?
The process
The timeframes
Develop a draft LAP
(in consultation with Police, licensing inspectors
and Medical Officers of Health)
Consult the community on the draft LAP
(using the special consultative procedure in the
Local Government Act 2002)
For Council approval
10 Apr 2014
Submissions period
18 Apr – 19 May 2014
Hearings
June/July 2014
Prepare a provisional LAP
For Council approval
18 Sep 2014
Give public notice of the provisional policy
Appeal period
26 Sep – 24 Oct 2014
(based on consultation feedback)
(the LAP can be appealed at this stage)
Adopt the provisional LAP
(provisional LAP is final 30 days after publicly
notified or after any appeals are resolved)
Notify the LAP adoption and effective date
Your involvement?
For Council approval
11 Dec 2014
(depends on appeals)
Following Council approval
(as determined by council resolution)
A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
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4.
Key Changes in the Proposal
Key changes to practice that are proposed in the draft Local Alcohol Policy are:
•
Capping the number of bottle store off-licence premises in the District at current levels;
•
Restricting new on-licence premises (except restaurants and cafes) within the vicinity of
sensitive areas;
•
Shortening the standard hours of trade for licensed premises; and
•
Requiring Alcohol Management Plans for all licences that are appropriate to the type
and scale of the applications.
Below is the full text from the draft LAP.
5.
The Full Proposal
Draft Local Alcohol Policy for Gisborne District
5.1
Introduction
5.1.1 The Sale and Supply of Alcohol Act 2012 (“the Act”) is the primary legislation regulating
the sale and supply of alcohol in New Zealand. The aim of the Act is that:
• the sale, supply, and consumption of alcohol should be undertaken safely and
responsibly; and
• the harm caused by the excessive or inappropriate consumption of alcohol should be
minimised.
5.1.2 The Act allows a territorial authority to develop a Local Alcohol Policy (“LAP”) in
consultation with its community, about the sale and supply of alcohol in its geographical
area. Gisborne District Council has decided to develop a LAP for its district and to set
different restrictions and conditions for identified areas and licence types within the
district.
5.1.3 The LAP must be read in conjunction with the Act and relevant regulations.
5.1.4 The Council’s District Licensing Committee (“DLC”) and the Alcohol Regulatory Licensing
Authority (“ARLA”) must have regard to the LAP when deciding licence applications in
the District.
5.1.5 A LAP may include policies about the:
• Location and density of licensed premises;
• Number of licensed premises of different types;
• Hours of operation of licensed premises;
• Discretionary conditions that may be imposed on licences including one-way door
conditions.
5.2
Policy Objective
5.2.1 The Gisborne District LAP provides guidance for the DLC so that licensing decisions:
• Balance a vibrant and prosperous Tairawhiti with a healthy and safe Tairawhiti;
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• Encourage licensed environments that foster positive, responsible drinking behaviour
and minimise alcohol-related harm; and
• Reflect the views of local communities as to the appropriate location, number, hours
and conditions that should apply to licensed premises within their communities.
Indicators and measures for monitoring the effectiveness of the Policy will be identified at the
implementation phase.
5.3
Policy Provisions
5.3.1 Location and Density of Licensed Premises
a.
No new licence of any type, except for restaurants or cafes, to be granted for
locations in proximity to sensitive sites. Sensitive sites are areas, premises or facilities
that are either considered more sensitive to alcohol-related harm, or already
experiencing greater levels of alcohol related harm than other areas as determined
by the District Licensing Committee. Relicensing under a change of ownership is not
classified as a new licence under this Policy provided the licence type and scope is
the same.
b.
No new bottle store Off-Licences to be approved for any location within the
Gisborne District. Re-licensing under a change of ownership is not classified as a
new licence under this Policy provided the licence type and scope is the same.
5.3.2 Maximum Licensed Operating Hours
OFF-LICENCE
Off-Licence types
All Off-Licences including
taverns, supermarkets, wineries,
bottle stores, across-the-bar,
grocery stores, clubs
Maximum
operating hours
Trading days
Location
10.00am – 9.00pm
Monday - Sunday
District-wide
ON-LICENCE
On-Licence types
Restaurants, cafes, wineries,
taverns (including night-clubs),
BYO, entertainment centres
Maximum
operating hours
Trading days
Location
10.00am – 2.00am
Monday - Sunday
District-wide
One-way door from
1.00am for taverns
including night clubs
CLUB LICENCE
Club Licence types
All Clubs including sports
and other (including RSA)
Maximum
operating hours
10.00am – 11.00pm
Trading days
Sunday - Thursday
10.00am – 12.00am
Friday - Saturday
A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
Location
District-wide
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5.3.3 Special Licences
a.
Non-licensed premises will not be issued a Special Licence beyond 2.00am.
b.
Licensed premises applying for a Special Licence will not be permitted to operate
beyond 3.00am.
c.
All Class 1 Special Licences shall be exercised by a person holding a Manager’s
Certificate under the Act.
d.
Any special licence for a series of events should not be for a period exceeding six
months.
e.
No premises should have more than 20 events under special licence in any 12month period.
5.3.4 Conditions
a.
A combination of Host/Social Responsibility criteria and mandatory and
discretionary conditions will add effect to licensing decisions and contribute towards
meeting the object of the Act. It is important that conditions are consistent and
adhered to for greatest impact.
b.
Relevant to the type and scope of licensing application, applicants shall supply an
Alcohol Management Plan covering the relevant matters below for approval by the
Regulatory Services Manager:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
CCTV cameras (location and number)
Provision of effective exterior lighting
No serving in glass containers at specified times
Number of door-staff and provision of additional appropriately qualified
security staff after specified times
Management of patrons queuing to enter the licensed premises
Limit on the number of drinks per customer at specified times
No shots or types of drinks to be served after specified times
Limit on drink sizes after specified times
Conditions relating to management: such as certificated staff required if
the maximum occupancy exceeds a prescribed number or if
recommended by Police or the Inspector, requirement for multiple
managers etc
One way door restrictions apply from 1am
Provision of transport or information about transport options for patrons
Restriction on the use of outdoor areas after a specified time
Provision of food
Display of safe drinking messages/material
Supervised designation of all bottle stores to ensure unaccompanied
minors do not enter bottle stores
5.3.5 Host/Social Responsibility
All holders of any licence type are required to have a written operative Host/Social
Responsibility Policy for the premises and to follow/action it at all times.
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6.
What options did Council consider for the draft LAP?
The following options have been considered for inclusion in the LAP:
•
capping the number of licences at a specified level;
•
reducing the number of licenses in the District;
•
zoning with differential rules for license locations, density and trading hours;
•
reducing trading hours; and
•
buffer zones around sensitive sites.
A discussion of each option is below.
6.1
Licence Capping
Capping the number of licences would mean that no new licences would be granted above
a maximum threshold. The cap could be set either at current licence levels or a specified
higher level.
Capping would be effective at creating a desired number of licensed premises where no
overall reduction is required.
Gisborne District has a much higher than NZ average number of licensed premises and there is
a level of community concern at the number of licensed premises.
Officers recommend that capping be included in the LAP to manage the number of bottle
store off-licence premises at current levels.
6.2
Reducing Licence Numbers
A ‘sinking lid’ policy on the number of licenses would mean that no new licences would be
granted at all. Sinking lids are effective at reducing the number of licensed premises over
time. As business owners sell or re-lease their properties operating as licensed premises
(meaning a new licence would be required) no licence would be granted for ongoing sale of
alcohol.
There can be perverse outcomes of sinking lid policies such as having a significant impact on
re-sale values of existing licensed premises and loss of capital investment from existing owners
as they seek to exit the trade, with potential amenity effects as owners discontinue
maintenance practices.
Officers recommend that sinking lids not be included in the LAP at this time. Due to the
potentially significant impacts on existing businesses, more evidence would be needed to
demonstrate an appropriate target number of licensed premises where the costs of this policy
would not outweigh any benefits.
6.3
Zoning
Zones give the power to apply different policy conditions to different geographical areas.
Policies could include differential trading hours, location provisions and conditions of licences
across zones.
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Zones are used widely in town planning to manage conflicts between potentially incompatible
land uses and to create concentrations of similar activities.
Officers have investigated using existing District Plan zones (inner commercial for Gisborne city
and rural commercial for township centres) to define alcohol zones with differential densities
and trading hours.
Officers recommend that zones not be established in the LAP at this time. Defining areas on a
map where businesses within it receive an advantage and those outside it do not is an
arbitrary exercise without more detailed information on costs and benefits.
6.4
Reducing Trading Hours
Reducing trading hours would reduce accessibility to alcohol and reduce alcohol-related
criminal offences. New Zealand Police data 2008 – 2012 shows that alcohol-related offending
peaks on Friday and Saturday nights between 8.00pm and 4.00am.
Officers recommend reduced trading hours for licence types be included in the LAP as follows:
6.5
•
All off-licences (supermarkets, taverns, wineries, bottle stores, across-the-bar, grocery
stores and clubs): 10.00am – 9.00pm. (Current hours are 7.00am – 11.00pm);
•
All on-licences (restaurants, cafes, wineries, taverns (including night-clubs), BYO,
entertainment centres): 10.00am – 2.00pm with a one-way door from 1.00pm;
•
All clubs (sports and others e.g. Returned Services Association): 10.00am – 11.00pm
Thursday to Sunday and 10.00am – 12.00pm Friday to Saturday; and
•
All special licences: not beyond 2.00am for non-licensed premises and not beyond
3.00am for licensed premises.
Buffer Zones
Buffer zones create space between incompatible land use and are often used in town and
resource planning to separate incompatible land uses.
Officers recommend a policy in the LAP separating alcohol trading outlets (except restaurants
and cafes) from sensitive sites. Sensitive sites would be areas where there is the potential for
vulnerable populations to be exposed to alcohol related issues and ‘hotspots’ where there is
already evidence of significant alcohol related issues.
There is the potential to have defined buffer zones included in maps. However, if new
vulnerable populations and/or ‘hotspots’ arise, this could become restrictive and ineffective.
An approach allowing the District Licensing Committee discretion would enable more timely
responses to protecting sensitive areas/populations.
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7.
Where do I get further copies of the Draft Local Alcohol Policy
The draft proposal and a summary are available from the following locations:
Gisborne District Council
15 Fitzherbert Street
Gisborne
Te Puia Springs Service Centre
Te Puia Springs
HB Williams Memorial Library
Peel Street
Gisborne
Gisborne District Council website
www.gdc.govt.nz
8.
How do I make a submission?
Submissions may be made on the Draft LAP and these should be received by the Council no
later than 5pm on Monday 19 May 2014.
Any written form of submission will be received and considered. Submissions can be via letter
or email and you can make your submission by:
1. POST TO
2. DELIVER TO
3. ONLINE
4. PHONE
5. TEXT
Freepost 65
Local Alcohol
Policy Submissions
P O Box 747
GISBORNE 4040
To Customer
Service desks at
either
Complete this form
online:
Phone:
06 867 2049 or
0800 653 800
To submit by text
please refer to the
‘Proposed changes to
buying alcohol’
pamphlet.
15 Fitzherbert Street,
Gisborne or
Te Puia Springs
Service Centre
www.gdc.govt.nz
and one of our
friendly Customer
Service staff will fill out
this form for you over
the phone.
Please state in your submission whether or not you wish to be heard. Submitters should note
that their submission will be copied and made available to the public after the submission
period closes.
A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
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A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
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15 Fitzherbert Street, PO Box 747, Gisborne 4040
PHONE 06 867 2049 ■
0800 653 800
EMAIL [email protected]
WEB www.gdc.govt.nz ■ FACEBOOK GisborneDc
A460276 – Proposed Draft Gisborne Local Alcohol Policy Statement of Proposal
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