The Christchurch City Council proposes to make a new alcohol control bylaw to replace the Alcohol Restrictions in Public Places Bylaw 2009 which will automatically expire on 18 December 2018, under the Local Government (Alcohol Reform) Amendment Act 2012.
Project status: Decision made
Open for feedback: 1 August 2018 to 3 September 2018
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Consultation has now closed
Named submissions and a staff report were considered by the Hearings Panel. These documents are available online(external link).
The Alcohol Restrictions in Public Places Bylaw 2018 came into force on 18 December 2018.
Introduction
Currently the 2009 bylaw prohibits, regulates and controls the possession and consumption of alcohol in specified public places (alcohol ban areas) and the Council wishes to continue to have a bylaw which provides for alcohol ban areas.
The purpose of the proposed 2018 bylaw, as with the current bylaw, is to reduce alcohol-related harm, damage, disorder and crime and to improve community safety by putting alcohol restrictions in some public places within the Christchurch City Council district. It does this primarily by creating a series of alcohol ban areas where the possession and consumption of alcohol in specified public places and the bringing of alcohol into specified public places is prohibited during specified times and days.
An alcohol ban enables the Council to prohibit the consumption of alcohol in public places and to prohibit people from having open containers of alcohol in public places including in vehicles in public places. A breach of the bylaw is an infringement offence. The Police enforce the bylaw and have a range of enforcement powers. They are able to search people's bags and vehicles (in certain situations), impose an instant fine (infringement notice) of $250, or arrest people found to be breaching a bylaw.
Section 155 considerations
When the Council is reviewing a current bylaw or making a new or replacement bylaw, it must complete an analysis under section 155 of the Local Government Act 2002.
This section requires that the Council must determine whether the bylaw is the most appropriate way of addressing the problem, whether the proposed bylaw is the most appropriate form of the bylaw and whether it gives rise to any implications under the New Zealand Bill of Rights Act 1990 (see below).
The Council has reviewed the Alcohol Restrictions in Public Places Bylaw 2009 to determine whether a replacement bylaw should be made and the most appropriate form for the new bylaw. The section 155 analysis concludes that making a replacement bylaw is more appropriate than revoking and not replacing the bylaw.
In terms of determining the appropriate content of the bylaw, staff have completed the section 155 analysis of the bylaw by examining all sections of the current bylaw and recommending a number of changes.
Reasons for the proposal
With the automatic revocation of the 2009 Bylaw, the Council has decided that it should make a replacement bylaw.
The following paragraphs set out the reasons for particular changes from the 2009 Bylaw.
New Clause 6
The most significant recommendations in respect of the text of the bylaw is the proposal for a new clause 6; this new clause enables the Chief Executive to impose an alcohol ban for large scale events in specified areas e.g. Hagley Park and environs. This particular amendment is intended to streamline the process of enacting temporary (often single day) bans for major events. Currently the process for making a temporary ban to cover an event can take up to six months, even where there appears to be a demonstrable need for a ban because of alcohol related disorder associated with earlier or similar events in that location.
Review of ban areas
Staff have also reviewed the effectiveness and appropriateness of each of the current alcohol ban areas of the 2009 Bylaw and gathered evidence including the views of the community and the Police as to whether additional alcohol ban areas should be included within the proposed 2018 bylaw.
Minor changes
Overall the review of the current bylaw has resulted in the proposed bylaw (attached). This new bylaw incorporates a number of minor and administrative changes. These ‘minor’ amendments are designed to up-date the bylaw throughout, for example by changes to numbering and to the explanatory notes attached to the bylaw, to provide simpler and more user friendly wording and to reflect legislative changes since the current 2009 bylaw was made.
Main changes
Council proposes the following other changes to the current bylaw:
- the inclusion of a new clause 6 (discussed above) to provide for bans associated with ‘large scale events’ together with a new Schedule 2 specifying the areas (Hagley Park and Rawhiti Domain/Thomson Park) to which it will apply;
- two new permanent ban areas (Linwood Village and Riccarton Racecourse); and
- changes to the areas covered by the Riccarton/Ilam and Jellie Park alcohol bans.
New Alcohol Ban Areas:
Linwood Village
Currently there is a temporary ban until December 2018 which applies at all times for Linwood Village; the ban was put in place following representations from the community constable, local business owners and residents. The purpose of the ban is to reduce disorder caused by people congregating and drinking alcohol in the area. A review of this temporary ban in April concluded that it has been useful in reducing the level of alcohol related problems. The Council proposes to make this ban permanent.
Riccarton Racecourse
Since 2015 the Council has put in place a temporary one-day ban for New Zealand Cup Day (Saturday of Cup Week) covering the environs of the Riccarton race course. The area covered by the ban is largely residential and there have been significant problems associated with race goers drinking in the streets around the racecourse. The Council proposes that an alcohol ban apply (permanently) every New Zealand Cup Day.
Changes to the coverage of alcohol ban areas:
Riccarton /Ilam
The current Riccarton/Ilam ban area does not include the site of the Ilam Primary School. The board of trustees and school management very much support the inclusion of the school grounds within the alcohol ban area, as do the Police. Given the proximity of ‘The Foundry’ licensed premises to the school and the potential for the bar patrons to drink on the school grounds, the Council proposes to include the Ilam Primary School within the alcohol ban area.
Jellie Park
Unlike all other alcohol ban areas, the current ban area for Jellie Park does not include the roads immediately adjoining the park. Given the potential for people to drink in vehicles in these areas the Council proposes to include the roads immediately adjoining the park within the alcohol ban area.
Consultation and Bill of Rights Implications
The Local Government Act 2002 requires the Council to consult the community when making a bylaw. The Council has decided to use a special consultative procedure for this consultation.
Section 147 of the Local Government Act 2002 enables Councils to make bylaws for alcohol control purposes. Section 147A requires that for a bylaw that is intended to replace an expiring bylaw and is to the same effect (or to substantially the same effect) as the expiring bylaw, the Council must be satisfied that:
- the proposed replacement bylaw can be justified as a reasonable limitation on people’s rights and freedoms;
- a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and
- the bylaw is appropriate and proportionate in light of that likely crime or disorder.
There are also similar considerations for any new bylaw (clauses) under section 147A.
In terms of the New Zealand Bill of Rights Act 1990 analysis, the proposed bylaw gives rise to some implications in relation to that Act, in particular, the right to freedom of movement. However, as the proposed bylaw does not completely prohibit people with alcohol from being in, or moving about in, all public places, it provides demonstrably justifiable limits in a free and democratic society, and is therefore consistent with the New Zealand Bill of Rights Act 1990.
The Council's Hearings Panel will hear oral submissions on this proposal later in 2018.
Before making a submission below, you can read the full bylaw and the full section 155 report [PDF, 1.2 MB], which includes a summary table of all provisions of the proposed bylaw and the reasons for these provisions. When the council considered the section 155 report for the Addington alcohol ban it determined to consult on the status quo rather than make the recommended change to a 24/7 alcohol ban for Addington.