August 2022 - Alcohol Control Bylaw consultation

Consultation closed on 29 September 2022

Council would like to thank all the people who submitted and gave their views on the draft bylaw.
The Alcohol Control Bylaw 2022 was adopted by Council on 30 November 2022 and comes into force on 9 December 2022.

Download the new bylaw, including the full details of the areas and times of operation or visit one of our area offices and ask for a printed copy of the bylaw. 

Below you can find key information on the bylaw, the consultation process undertaken by Council, key documents along with a summary of submissions received.

Introduction

Until 9 December 2022, the Alcohol Control Bylaw 2015 (the ‘previous bylaw’) prohibited the possession and consumption of alcohol in specified public places within the District. It was established for the purpose of addressing the problem of crime and disorder related to the consumption of alcohol in these places.

The previous bylaw applied one alcohol ban within the District, which is located in central Te Anau, it also allowed Council to establish additional temporary alcohol bans for other public places in the District, subject to meeting specific criteria.

The previous bylaw was scheduled to expire on 9 December 2022 and Council proposed a new bylaw to replace the previous bylaw and effectively continue its provisions beyond this date.

Council sought feedback on its draft Alcohol Control Bylaw 2022 (the ‘draft bylaw’) over a submission period between 8am 29 August 2022 and 5pm 29 September 2022.

Proposed Changes

Council proposed that the draft bylaw be effectively the same as the previous bylaw, including continuation of the existing alcohol ban in central Te Anau. No further specific alcohol ban areas were proposed to be added. The variations proposed were considered minor technical changes from the previous bylaw and were detailed within the draft bylaw included in the statement of proposal. 

The reason for the proposal

The key reasons for this proposal were to: 

• address crime or disorder caused or made worse by the consumption of alcohol in public places
• seek community views on the continuation of an alcohol control bylaw after the expiry of the current bylaw on 9 December 2022
• seek community views on the areas subject to an alcohol ban under the bylaw
• seek community views on the draft bylaw
• to encourage people to give feedback on the draft bylaw
• to let people know how they can give feedback.

Options

The following options were considered regarding how Council could proceed after it has undertaken the consultation process:

Option 1 – adopt the draft bylaw

Option 2 – adopt the draft bylaw including any new temporary alcohol ban areas

Option 3 – adopt an amended bylaw

Option 4 – do not adopt the draft bylaw (the current bylaw expires)

An analysis of the advantages and disadvantages of these options are detailed in the statement of proposal.

Timetable for consultation

The dates below outline the timetable for the consultation process. Any changes to these dates will be publicly advised on Council’s Facebook page and website.

Important Documents

You can download the following key documents for Council's Proposal.

the new bylaw

the previous bylaw

draft Alcohol Control bylaw – Consultation Report

Alcohol Control Bylaw - Deliberations and Adoption Report

statement of proposal including the draft bylaw 

Summary of submissions

Council received written feedback from three submitters, none of who wished to speak at hearings and consequently no hearings were required. The following key points were raised within these submissions:

• All submissions received supported the continued ban of the consumption and possession of alcohol in public places in central Te Anau.
• Two submitters thought the areas in Te Anau could be expanded.
  Neither Police nor community groups associated to these locations identified issues in these areas which need to be addressed under the bylaw. Police data likewise does not support expanding the areas in Te Anau.
• One submitter proposed an additional alcohol free area outside of the District.
  Staff have forwarded to representatives of Gore District Council for their consideration
• One submitter raised that the penalties of up to $20,000 were excessive.
  This penalty set out in the bylaw is the maximum payable which aligns to legislation. There is also an initial infringement fee of $250 set by legislation which can be issued by Police. If the fee remains unpaid, the courts may then commence proceedings and, upon conviction, order that a fine be paid up to the $20,000 limit
• One submitter asked for further information around dispensation and granting exemptions.
  Although this process is not required to be covered within the bylaw, an application fee of $207 is set out within the sale and supply of alcohol and gambling section of Council’s schedule of fees and charges. Where dispensation is required, applicants will need to contact the Alcohol Licensing Team directly.

Full submissions can be found in the submissions booklet included with the Alcohol Control Bylaw - Deliberations and Adoption Report linked above.