Minutes of Strategy, Finance and Risk Committee meeting

Strategy, Finance and Risk Committee meeting minutes

17 November 2022

MINUTES OF Tauranga City Council

Strategy, Finance and Risk Committee meeting

HELD AT THE Ground Floor Meeting Room 1, 306 Cameron Road, Tauranga

ON Thursday, 17 November 2022 AT 9.30am

PRESENT: Commission Chair Anne Tolley, Commissioner Shadrach Rolleston, Commissioner Stephen Selwood, Commissioner Bill Wasley, Ms Matire Duncan, Ms Rohario Murray, Mr Bruce Robertson

IN ATTENDANCE: Sarah Omundsen (General Manager: Regulatory and Compliance), Jane Barnett (Policy Analyst), Nigel McGlone (Manager: Environmental Regulation), Jeremy Boase (Manager: Strategy and Corporate Planning), Coral Hair (Manager: Democracy & Governance Services), Robyn Garrett (Team Leader: Governance Services), Sarah Drummond (Governance Advisor), Anahera Dinsdale (Governance Advisor)

1 Opening karakia

Commissioner Rolleston opened the meeting with a karakia.

2 Apologies

Apology

Committee Resolution SFR12/22/1

Moved: Commissioner Bill Wasley

Seconded: Commissioner Shadrach Rolleston

That the apologies for absence received from members Dr Wayne Beilby and Te Pio Kawe; and the apologies for lateness from Commissioner Stephen Selwood and Mr Bruce Robertson, be accepted.

The Chairperson noted that Commissioner Selwood would watch the recording of the parts of the hearing for which he was absent and so would be able to participate fully in the deliberations on the draft policy.

Carried

3 Public forum

Nil

4 Acceptance of late items

Nil

5 Confidential business to be transferred into the open

Nil

6 Change to order of business

Nil

7 Declaration of conflicts of interest

Nil

8 Business

8.1 Revised Draft Local Alcohol Policy – Hearings

The following members of the public spoke to their submission to the Revised Draft Local Alcohol Policy.

(1) Submission 333 – Michael Mills, Ngai Te Rangi Iwi Trust

Key points

· Explained role as advisor to the Ngai Te Rangi Iwi Trust (NTR).

· Mr Mills was previously involved in the Strand night management accord and the alcohol management plan for the Central Business District (CBD) with the New Zealand Police (Police).

· Government had signalled a movement on legislation around liquor licensing and Local Alcohol Policies (LAPs) and Mr Mills supported deferment of deliberation until after central government legislation was passed in Parliament.

· Mr Mills supported the removal of the right of appeal.

· Mr Mills sought from the committee a separate seat for iwi Māori on the District Licencing Committee (DLC); asked that the current process was made more aware and supportive of tikanga and local process and practice, and requested active notification of licence applications to iwi.

· A closing time of 2:00 am was supported. Mr Mills and NTR supported the reinstatement of the ‘Strand Accord’ and the inclusion of limits in commercial areas.

· Noted that gambling venues and LAP policies need to be aligned.

· Supported a suite of controls for off licences, as proposed – opening time, conditions, limits based on social demographic factors.

· The Intent of the Act was to enable communities to have a say and make choices around the supply of alcohol in their communities –it had been noted that there had been a change in attitude and move towards enabling community voices to be heard.

In response to questions

· Plan B for prohibition of new licences in high decile areas – there could be a use for a rebuttable presumption – e.g. no new licences unless a strong case was made in support.

· Outlined how the Strand accord had worked – Council brought all parties together (licensees, licensing staff, police, retailers etc), work was completed to break down communication barriers between parties involved. Saw demonstrable changes e.g. footpath realignment, lighting, changing perceptions. NTR would support the reinstatement of the Accord, and thought that it would be of great assistance.

· Burden needed to be flipped around for applicants to demonstrate how they would avoid harm; more leeway for communities through LAPs to trial options; put in place and monitor performance rather than having to provide evidence for every control proposed; supported by recent Court of Appeal decision.

· Noted that in areas of marae and papakainga, runanga feeling was that there had been no controls over where bottle stores could be opened which had led to a feeling of frustration and having their voice, or input, overruled.

(2) Submission 329 – Rob McGregor, Papamoa Pak n Save

An apology for being unable to attend was received.

(3) Submission 323 – Mr Mark Fogerty

Key points

· Mr Fogerty referred to Australia’s system of all clubs/pubs etc being required to have an ID scanner; legitimate identification had to be presented to gain entry to a venue. A zero tolerance for misbehaviour led to ejection from a premises, that information was shared to all venues.

· Bouncers were moved away from being seen as an enforcer to front-of-house.

· New Zealand should be using systems that had already been shown to work such as the venue management and alcohol processes in Australia.

· Mr Fogerty had witnessed first-hand (from his central city accommodation) undesirable behaviour and specific venue management in the Tauranga CBD . He had witnessed vandalism and fighting in the CBD; Mr Fogerty had voluntarily started assisting with clearing broken glass from the Strand and environs after bad nights in town.

· Mr Fogerty gave various examples of anti-social behaviour he had witnessed in the CBD due to alcohol misuse and lack of responsibility of various venues and businesses.

· There was a need to be aware of not simply pushing a problem from one area to another.

· He noted that, in his opinion, people were afraid to walk on the CBD streets, and that there was a need to take the streets back and to provide a safe environment.

Commissioner Selwood joined the meeting at 10.03am, during Mr Fogerty’s submission.

(4) Submission 322 – Dr Nicki Jackson, Alcohol Healthwatch

Key points

· There were high levels of alcohol harm in the Tauranga area, this was clear from the data collected to date.

· Inequities in alcohol harm were a part of poor statistics for Māori and Pacific communities.

· The LAP gave the opportunity to protect community and residents from alcohol-related harm.

· Dr Jackson supported the greater control of off-licences proposed. Alcohol products were readily available and sold very cheaply.

· Would prefer more restrictions on closing times for off licences e.g. 9:00pm closing.

· Supported restrictions on there being no additional outlets in certain areas, based on the proposed demographics.

· Supported off licence discretionary conditions, preferred stronger protections around alcohol advertising and ‘buy now pay later’ schemes; noted the recent decision by Auckland Council to remove alcohol advertising outside off licences.

· Did not support later closing hours in the city centre, suggested midnight

· Requested that no special licences were granted for child-focused events.

In response to questions

· The Committee discussed how best to define affected areas; it was noted that harm from off licences could extend up to 2-3 km; could draw suburbs geographically to capture high deprivation.

(5) Submission 332 – Ellen Fisher, Western Bay of Plenty Cancer Society

Key points

· Research showed drinking alcohol increased the risk of developing seven different cancers. The risk was dose related – the more alcohol drank the higher the risk of developing cancer. There was no safe level of alcohol consumption in terms of cancer risk.

· 6% of all cancer deaths were related to alcohol consumption.

· There had been a higher impact on Māori.

· The Society supported any measures that prevented the supply of alcohol into communities, particularly in relation to high-risk communities.

· Supported the change of sale time for off licences and not allowing any more off license in industrial and low social demographic areas.

· The Society also supported not allowing off licences in proximity to sensitive areas/activities such as schools, marae, treatment centres etc.

· Did not support retention of closing time of 3:00am or removal of the one-way door system.

· Considered that the proposed LAP provided valuable steps to address alcohol harm in Tauranga.

(6) Submission 331 – Iain Thain and In Sook Scorgie, Foodstuffs North Island

Key points

· Mr Thain noted principles that the policy should be assessed against.

· Maximum hours should be considered and made available to off licences as appropriate.

· Allowing people to shop outside of main hours e.g. earlier in the morning allowed stores to spread demand in busy times e.g. holiday periods.

· Was a very small number of shoppers that only bought alcohol before 10:00am; was generally an addition to a wider grocery shop, need to allow that flexibility.

· Balance to be maintained between minimising alcohol harm with supporting responsible drinking.

· No evidence showed that sale of alcohol from off licences before 10:00am increased any alcohol related harm; on licenses can open from 9:00am so people could actively consume alcohol from 9:00am but would not be able to not passively buy a bottle of wine for later consumption.

· Considered this would be unreasonable in terms of purposes of the Act – a recent decision by the Alcohol Regulatory and Licensing Authority (ARLA) showed that there was no evidence that 9:00am opening for off licence hours contributed to ongoing harm.

· There was a need for clear direction and certainty whether vendors were complying with conditions of licence e.g. current uncertainty around the definition of craft beer.

· Foodstuffs would support restrictions preventing breaking down of manufacturers’ packs.

· The current advertising restrictions on alcohol advertising were noted; price controls should be brought in at central government level to avoid the creation of uncompetitive markets and different requirements between different stores.

In response to questions

· Foodstuffs considered that it was within Council powers and could be appropriate for Tauranga to have differentiated opening hours between bottle shops and other off licences.

· In supermarkets, generally alcohol was part of a family grocery shop; may be a need for families to do their grocery shop early in the morning e.g. work commitments – if that could not be done then there was a risk that the wine would be purchased at a bottle store and then also be exposed to spirits and RTDs. Shopping trips to supermarkets are quite different to shopping trips to bottle stores.

(7) Submission 328 – Brian Berry, Downtown Tauranga

Key points

· Mr Berry provided commentary that bad behaviour was ruling the roost as there were no consequences to that behaviour, whether in the CBD or further out in the city – supported Mr Fogerty’s earlier submission. Mainstreet Tauranga was meeting with various parties to try and resolve the bad behaviour in the CBD.

· Supported in principle the proposed hardening of off licence conditions.

· Hospitality industry was doing a good job of managing risk from alcohol consumption.

· Mainstreet organisations appreciated that hospitality voices had been listened to, as part of the development of the draft LAP.

· Would support increased and better communications between the parties involved to help resolve any issues in the CBD. The hospitality industry itself would look at controls for wayward bar and venue operators.

In response to questions

· Downtown Tauranga was not previously involved in the Strand Accord; happy to be involved in the future in any similar arrangement.

· Ability for on licenses to open earlier than off licences – considered there should be one rule for all, consistency should apply.

(8) Submission 321 – Eliot Fenton and Dawn Meertens, Toi Te Ora Public Health (TTO)

Key points

· TTO had a mandate to improve and protect the health and wellbeing of the region.

· Alcohol was a leading cause of disease and ill health; and had a disproportionate effect on Māori.

· There was a need to uphold Te Tiriti o Waitangi in council LAPs although not specifically referenced in the public health legislation.

· There are many barriers to Māori having a meaningful say in alcohol related decisions that affected their communities.

· Council should align with existing alcohol related harm frameworks.

· 48% of Māori had experienced harm from others drinking alcohol, more proportionally for women.

· Council must empower iwi and hapū to participate in alcohol related processes.

· TTO supported: upholding the current one-way door policy for all premises open after 1:00am; restrictions to 10:00am opening hour for off licences; no new off licenses being established in industrial and low socio-economic areas; more restrictive conditions being applied.

· Research indicated community supported tighter regulation to manage alcohol sale and consumption to reduce alcohol related harm.

· Rate of alcohol related hospital admissions in Tauranga consistently higher than in other cities and the national average; some suburbs in particular featured in high admission rates. These admissions were for only alcohol caused admissions not admissions such as domestic violence.

· One way door policy stopped people migrating from one venue to another.

· Supported deferment of decision until central government legislation was through.

In response to questions

· TTO noted that there had been mana whenua representatives sitting at the decision-making table for the Committee and being involved in the development of the LAP.

· TTO noted alignment between policy change and cultural change was needed, one supported the other. The need was to ensure they provided the best and most supportive environment for all in the community.

· There was a difference between alcohol purchase in supermarkets and liquor shops; there were some people e.g. homeless going into the supermarket early in morning to buy cheap alcohol e.g. scrumpy by the can; increased availability increased alcohol related harm.

(9) Submission 319 – Ash Gee, Miss Gee's

Key points

· Ms Gee was the sole owner of Miss Gee’s; licensed to sell from 9-3am daily

· Hospitality had been dealing with constant blows from Covid and CBD development and emptiness in the CBD.

· Removal of one-way door policy would increase ability of operators to provide a safe environment for patrons; but could lead to groups of people congregating outside venues waiting for friends or not understanding why they could not enter a premises

· Binge and preloading drinking was a problem through NZ; managed alcohol consumption in an on-licence was safer in terms of alcohol use; on licence operators got to know their customers and took responsibility (unlike off licences).

· Supported increased restrictions on off licences in terms of minimising alcohol related harm, the council should not associate alcohol with commodities and grocery essentials.

· Miss Gee gave back to the community in various ways such as sponsorship.

· Supported no new off licences in areas of high deprivation, there were enough bottle stores in Tauranga.

· With amount of investment going into rejuvenating the CBD, the council should hold off making this decision until the impact of this development was known – people bring people.

· Lack of communication and disjointed alcohol management was an issue.

· Would support money being put into a late-night city vibe management group.

· Had adopted responsible management procedures voluntarily e.g. last drinks at 2.30am, and even though permitted to sell alcohol from 9am did not until midday.

· Noted lack of police resourcing but good support from local police.

· Noted reduction in taxi services e.g. now only one taxi stand.

· Too cheap and too easy to drink at home.

In response to questions

· Later closing time in CBD than Mount meant people moved into town after Mount closed; with one way door policy at 2am then turnover between 2am and 3am limited to those patrons inside.

· Facilities in industrial area – did not support a ban on new licences in industrial areas as new venues can be established successfully in these areas e.g. the Rising Tide, can transform neglected areas as had been seen in other cities.

(10) Submission 326 – Susan Hodkinson

Key points

· Concerned that had normalised alcohol and normalised litter.

· Noted discussions on alcohol at all hours on television and other media.

· Considered there was a real alcohol issue in Tauranga.

· Broken glass all throughout the Hairy Maclary playground and along the railway tracks; dangerous and a litter problem.

· Noted the amount of bottles left lying around. Lived in Blake Park area; noted bottles left around during and after sporting events. Left to the neighbourhood to tidy up.

· Waste management an issue with most events e.g. Bay Dreams and in many areas of the city.

· Voluntarily picked up rubbish and bottles in various areas.

· Considered insufficient police and security addressing these issues created by alcohol use.

· Venues and suppliers need to take more responsibility for their wider environment.

· Supported a ban on walking or driving anywhere with an open bottle.

· Cycleways and gutters did not get swept properly.

· Noted that TCC rubbish contractors generally did a good job.

(11) Submission 325 – Sandy Watkins, Franchise Manger for Bay of Plenty Super Liquor Holdings

Key points

· Did not support hour changes; gave the stores ability to prepare trade orders before 10:00am; off licences should be treated the same.

· Did not support a ban on new off licences to be established in some areas, look at every case on its own merits e.g. industrial areas – the Act provided discretion for an application to be judged on its own merit for a particular location

· Additional discretionary conditions for off licences – no single sales – restrictions should be covered by the Act rather than an LAP – everyone should be treated the same; restrictions on displays and sale size could be hard to manage and enforce. Discretion could be hard to apply and led to inconsistency.

In response to questions

· Sale of single shots – usually bought as an additional purchase.

· Consistency of hours important e.g. customers in a Superliquor before 10am. The hours of operation on licence determined what can be done – could not prepare orders etc if licence hours did not allow for this. Few individual customers before 10am.

(12) Submission 324 – Melissa Renwick, BOP Hospitality NZ

Key points

· On licences are the safest places to consume alcohol – controlled and supervised environment.

· Engagement between licensees and licensing bodies and police – very keen to see that engagement increased and areas of concern openly discussed; keen to facilitate.

· Would support pro-active policing in liquor ban areas; noted preloading in cars. Also noted resourcing constraints on the police.

· Focused on lifting standards of operators – had released an online training course for all operators/licensees to better identify and mange intoxicated persons. Responsible Service of Alcohol guidelines and training – operators wanted to do the right thing.

· Security a significant investment by operators.

· Want to be involved and active in any measures to minimise alcohol-related harm.

(13) Submission 340 – Paul Radich, General Distributors Ltd

Tabled submission

Key points

· Discretionary conditions should require evidence or agreement from the licensee before being imposed; simply being in the LAP did not mean could be imposed.

· No evidence before the Committee that these conditions were targeting any of the harm or issues outlined by other submitters.

· Noted incompleteness of some data sets and evidence provided.

· Strongly disagreed with the proposed hours.

· Open to having meaningful consultation with the Council.

· Changes proposed go too far and were not supported.

· Supermarket operators left in the position of having to explain to customers why they could not purchase their alcohol at certain times.

In response to questions

· Acknowledged there was currently differentiation between supermarkets and bottle stores; needed to be some differentiation but not opposed to a closer alignment of hours.

At 11.32am the meeting adjourned.

At 11.37am the meeting reconvened.

(14) Submission 327 – Sergeant Dan Roser, NZ Police

Key points

· Tauranga CBD was the epicentre for reports of alcohol related incidents; was a hotspot. Peaks were on Friday and Saturday nights between 9pm and 3am.

· LAP must consider alcohol related harm in the district.

· Magnitude of incidents was higher in the CBD than in the Mount, and peaked later, consistent with the difference in closing time.

· Noted that the Mount entertainment precinct was thriving and had a better reputation than CBD – earlier closing times could still allow a vibrant entertainment precinct.

· Supported submissions from Alcohol Watch and Public Health; local LAPs allowed councils to apply nuanced conditions to their areas.

· Supported closing time for CBD on licences of 2am; set a level playing field for operators in the CBD. Would support a 2am closing time without a one-way door policy if needed.

· Considered the unsafe CBD environment was contrary to various Council aims and objectives.

· Any improvements would also improve the prospects for commercial operators in the CBD.

· Noted that Whakatane changed closing hours in the CBD from 2am to midnight – reported a decline in disorder and harm since the reduction in hours.

· Central government changes signalled more support to local councils to manage their areas.

· Noted support expressed often in the community for even further reduced opening hours.

In response to questions

· Communication was a huge part of policing, open to having enhanced communication with licensees but did not consider this the panacea to solve all problems. Less consumption of alcohol would have a bigger impact in reducing alcohol-related harm – less consumption was the way forward. LAP should not be viewed as a punishment on licensees; if there was a problem it should be curtailed, communication was a side management tool. Police still need to take care of the enforcement side of things; licensees need to take responsibility for harm reduction and risk management. Alcohol was highly regulated as it posed significant risk. Less consumption was the best form of management.

· Acknowledged that there was a problem in the CBD from people that had not been in the on licences/bars or bought alcohol from those venues; but had come to the CBD pre-loaded or to sit in cars in the area to drink. There was also a problem with how to restrict alcohol supply to those people. Could be environmental changes e.g. removal of car park areas that enabled parking up and drinking.

· Noted that the business models of some bar operators supported and encouraged preloading.

· Hard to draw inference from off licence controls to impact and harm in the CBD.

· Considered the biggest gain in reduction of alcohol-related harm in the Tauranga CBD would be from reduced on licence hours.

· Noted link between alcohol and drug abuse on family harm incidents; would be impacted by sale of alcohol from off licences.

8.1 Revised Draft Local Alcohol Policy – Hearings

Staff Jane Barnett, Policy Analyst

Nigel McGlone, Manager: Environmental Regulation

Committee Resolution SFR12/22/2

Moved: Commissioner Stephen Selwood

Seconded: Commissioner Bill Wasley

That the Strategy, Finance and Risk Committee:

(a) Receives the written submissions on the revised draft Local Alcohol Policy (Attachment One), and the tabled submission from Woolworths New Zealand.

(b) Receives the verbal submissions from those submitters who wish to speak to their submission.

(c) Amends the timeline for the Local Alcohol Policy review to deliberate on submissions in March 2023 instead of December 2022.

Carried

9 Discussion of late items

Nil

10 Public excluded session

Committee Resolution SFR12/22/3

Moved: Commissioner Bill Wasley

Seconded: Commissioner Stephen Selwood

That the public be excluded from the following parts of the proceedings of this meeting (with the exception of NZ police personnel and representatives present from Public Health).

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
10.1 - Revised Draft Local Alcohol Policy – Hearings - Submission 327 – Dan Roser, NZ Police	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons	s48(1)(a) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

11 Closing karakia

Commissioner Shadrach Rolleston closed the meeting with a karakia.

The meeting closed at 12.28pm.

The minutes of this meeting were confirmed as a true and correct record at the Strategy, Finance and Risk Committee meeting held on 13 February 2023.

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CHAIRPERSON