Submissions To Be Heard in Invercargill

Transcription

COMBINED LOCAL
ALCOHOL POLICY
SUBMISSIONS TO BE
HEARD (in Invercargill)
Draft Local Alcohol Policy for
Please tick the statements
I submit to
016
questions and return
agree
Council, Gore District Council and Southland District Council with regards to the Draft
Policy that: (please
you agree with the following statements)
I enjoy
in Southland. I believe
not fair to
In Southland and behave well, because of a small
rsonal
and not more regulations.
the majority of people who go out
who behave badly. There should be more
Southland
from a responsibly run hospitality industry, that caters for everyone including the
and shift working sectors.
Police should maintain a zero tolerance policy on troublemakers who cause the problems in the
and those who drink In the streets breaking the liquor bans.
I think that bars, taverns and restaurants outside of the CBD should have the opportunity to trade
same hours as in the inner
One way door policies do not work and cause more problems than they solve. If all the doors close at
the bar my friends were In, I am
lam and I could not get
I would be left outside on my
own.
I think all bars; taverns and hotels In the District should be able to trade to (please circle one):
lam
3am
I think all restaurants In the District should be able to trade to (please circle one):
lam
2am
I think
bottle stores/off licenses in the District should be able to trade to (please circle one:
9pm
Please
I normally have a drink(s) before I visit licensed premises
YES
If the bars shut earlier I will come out earlier
If the bars shut earlier I will party somewhere else
YES
NO
or
NO
or
NO
like t o speak t o
note you tick this box Council will contact you to give you an appointment to speak
submission sessions.
your details otherwise Council will not
You
the
this submission.
Name
Daytime Phone number
Email
Address
3
Please
the back o f
f o r any
about
031
Draft Local Alcohol Policy for Southland − Have
opinion.
with, answer the questions and return
Please
I submit to
City Council, Gore District Council and Southland District Council with regards to the Draft
Alcohol Policy that: (please tick you agree with the following statements)
I enjoy
in Southland. I believe Is not fair to penalise the majority of people who go out
Southland and behave well, because of a small minority who behave badly. There should be more
personal responsibility and not more regulations.
Southland benefits from a responsibly run hospitality Industry, that caters for everyone Including the
rural and shift working sectors.
In the streets breaking the liquor bans.
streets and those who
city/towns.
the same hours as the
all the doors close at
work and cause more problems than they
One way door policies do
lam and could not get into the bar my friends were
am worried would be left outside on my
own.
all bars; taverns and hotels in the District should be able to trade to
lam
circle one):
2am
lam
2am
I think all bottle stores/off licenses in the District should be able to trade to (please circle one):
Please
the bars shut earlier I will come out earlier
YES or
YES
YES
I would like to speak to my submission.
Please note if you tick this box Council will contact you to give you an appointment to speak at the
verbal submission sessions.
You must
Council will not
this
Name
Email
Address
5
Please use the back of this
for any additional comments about the Draft Local Alcohol Policy
072
SCANNED
2014
Box 32019
Maungaraki Lower
New Zealand 5050
Tel: 0−4−568 9123
Fax: 0−4−568 2780
Email:
Web: www.ruralcontractors.org.nz
20 March 2014
City Council
Submission − Draft Alcohol Policy
Private Bag 90104
INVERCARGILL 9840
DRAFT ALCOHOL
Rural Contractors New Zealand is the national association whose membership represents those
sector. The services provided cover a wide
providing rural contracting services to the
of
activities,
nearly
of
which
to
readiness of the crop and the state of the
all
related
the
are
range
weather for completion.
The Draft Alcohol Policy proposes changes to the hours an Off−Licence may trade. The
Association supports the default hours as prescribed in the
and Supply of Alcohol Act 2012.
The Association has 54 members in the area covered by the Policy, employing staff numbering in
excess of 400. This will often increase during the harvest season. Rural contractors work when
weather permits and often, this will be up to the end of daylight. Many would rather go home
and have a drink at the end of the day, than go to an on licence premises, have a drink and then
drive home. The latter course of action runs the risk of combining alcohol with fatigue which can
have disastrous results.
Any reduction in the hours that an Off Licence may trade will restrict the ability of rural contractors
to pick up some drinks on the way home and such a restriction is not supported.
SUBMISSION: Alcohol Policy
the
Licence
hours as
In the Act
Yours sincerely
Parton
CHIEF EXECUTIVE
7
Draft Local Alcohol Policy for Southland −
I submit to
089
this
you
Council, Gore District Council and Southland District Council with regards to the
Policy that: (please tick you agree with the following statements)
I enjoy
In Southland. I believe Is not fair to
In Southland and behave well, because of a small minority who behave badly. There should be more
Southland benefits from a responsibly run hospitality industry, that caters for everyone including the
the liquor bans.
streets and those who drink the streets
city/towns.
the same hours as In the
own.
work and cause more problems than they solve. If all the doors close at
the bar my friends were
I am worried I would be left outside on my
I think all bars; taverns and hotels in the District should be able to trade to (please
one):
I think all restaurants in the District should be able to trade to (please circle one):
2am
I
4am
all bottle stores/off licenses in the District should be able to trade to (please circle one):
Please
YES or
YES or
YES or
like to speak to my submission.
Please note If you tick this box Council will contact you to give you an appointment to speak at the
I
complete
details otherwise Council will not
Name
Email
Address
the
of this p e for any additional comments about the Draft Local
9
090
SCANNED
Primary Health
MAR
Hauora Matua Ki Te Tonga
SUBMISSION TO THE INVERCARGILL CITY, GORE DISTRICT AND SOUTHLAND DISTRICT COUNCILS'
DRAFT LOCAL ALCOHOL POLICY
To:
Invercargill City Council
Submission − Draft Alcohol Policy
Private Bag 90104
ILL 9840
Southland District Council
Box 903
INVERCARGILL 9840
Gore District Council
Box 8
GORE 9740
Details of Submitter:
Southern Primary Health Organisation
Address:
40 Clyde St
Box 649
Invercargill 9810
Contact Person:
Paula Randall
Health Promotion and Project Coordinator
Southern PHO
Date:
21 March 2014
Introduction
The Southern Primary Health Organisation (PHO) is a charitable trust, constitutionally representative
of the community, and funded by the Southern District Health Board to provide primary health care
services to over 280,000 residents enrolled with general practices in Otago and Southland. These
services include first contact support to restore people's health when they are unwell as well as a
range of programmes to improve access to health care services to promote and maintain good
health. The health promotion programme facilitates the process of enabling people to increase
control over, and to improve, their health. One aspect of health promotion is to advocate for
healthy social, cultural and physical environments.
11
This submission was developed by the Health Promotion Team on behalf of the Southern PHO.
General Comments
Local government is an important and powerful influence on the health and wellbeing of
communities and populations. The decisions local government makes affect the determinants of
health − public policy has a profound impact on health status − in fact, some of the most profound
health improvements of all time are due to public policy changes. As such, local government has the
ability to improve population health and reduce inequalities in New Zealand. We congratulate the
Councils on acknowledging this and deciding to produce a draft Local Alcohol Policy (LAP) − a key part
in the puzzle of reducing alcohol related harm in this region and of making a significant change to
our drinking culture. The LAP provides a real opportunity for Council to improve health outcomes for
residents of the district as well as reduce the burden on policing, health and social services.
Harmful use of alcohol has been an identified as a key health issue for Southern residents. A
position statement' acknowledging the impact of alcohol misuse as a preventable cause of illness
and injury in the district was adopted by the Southern DHB alongside the other South Island DHBs in
2012. It is disappointing to see, however, that throughout the LAP evidence on the nature and
severity of alcohol related problems in this region is not accurately reflected and in some cases
understated. In producing the LAP these factors need to be taken into account. Most notably, it is a
sad indictment on the South that this region has the highest number of hazardous drinkers in the
whole country − the 2011/2012 New Zealand Health Survey used an internationally recognised and
validated system of identifying alcohol abuse, and results showed that a quarter of Southern District
residents are hazardous
Not only do we have the highest prevalence of hazardous
drinking among all DHB regions in New Zealand, it is a much larger, statistically significant prevalence
than the national average (25.1% versus 17.0%).
We wish to emphasise at the outset the new Sale and Supply of Alcohol Act has been enacted to
address the high and increasing rates of alcohol related harm and the devastating effects of
individuals, whanau and communities in New Zealand. The purpose of the Act and of Local Alcohol
Policies is to minimise or reduce alcohol−related harm. We implore the council to ensure that the
goal of reducing alcohol−related harm is presented as the sole driver and aim for the Local Alcohol
Policy.
Specific Comments
Introduction
Background
a)
Sale and Supply of Alcohol Act 2012 ("the Act") requires at Section 78 that in the development
of a LAP, Councils must have regard to, among other matters, the overall health indicators of
the district's residents and the nature and severity of the alcohol−related problems arising in the
District Health Board, Position Statement on Alcohol, April 2012,
2
Hazardous drinking refers to an established drinking pattern that carries a risk of harming physical or mental
health, or having harmful social effects to the drinker or others.
2
While it is good to see that consideration of alcohol related harms in the Southland
region has been used when preparing this draft LAP, we feel that the problem has been
minimised and not enough information has been provided. Recent research from the NZ Health
has found that the drinking problem is actually significantly worse in Southland than in
the rest of New Zealand. The paragraph that states "the problem of alcohol abuse appears to
be at least as significant in the Southland region as elsewhere in New Zealand" is therefore
inaccurate and needs to reflect current evidence from the NZ Health Survey that the problem
district.
here is the worst in the country in terms of self reported hazardous drinking patterns.
b)
The Act clearly outlines the matters (related to licensing) which a LAP may consider (and no
others).
which matters may be considered and at 77(3) states
It specifically stakes at
that "A local alcohol policy must not include policies on any matter not relating to licensing."
Southern PHO submits that emphasis on perceived economic benefits of alcohol, expressed in
important part of the local social
statement such as "vibrant hospitality industries
... are an
economies"
substantially
the
local
and
regional
and
contribute
is not a matter related
to
scene
to consider when developing
to licensing nor is a matter which is permitted by the Act for
or implementing harm reduction policies. Additionally, the purported economic benefits are
un−quantified and lack an objective evidence base, in stark contrast the economic detriment
and costs that alcohol has on New Zealand in terms of crime, social and health problems,
accidents, lost productivity and other harms, which is well researched and
c)
The existence of the Licensing Trusts within our region is insignificant within this policy as they
are just one of many licensees amongst the districts concerned and are still subject to the
Licensing Trusts provide a mechanism for community
provisions of the legislation.
involvement in the sale and supply of alcohol but like any licensee they are required to operate
in a manner that seeks to minimise the harm within those communities arising from the
consumption of alcohol.
Recommendation: Southern PHO recommends the Background is expanded to include more
information on alcohol−related harm in the Districts concerned. We recommend statements
around alcohol related harm in the district be correctly reported and referenced against
evidence based documentation and reputable research. Any references to economic benefits
should be removed as they conflict with the purpose of the LAP and are not an aspect of policy
which the LAP is required or mandated to consider. Finally, any reference to the Licensing
Trust/s should also be removed as it singles out one licensed body from others, which the Act
makes no requirement for.
Objective 1
While the effect of alcohol related disorder and crime is certainly a large burden on society, we note
that Objective 1 makes no reference to the health or social related harms associated with alcohol.
New Zealand Health Survey
Health Loss: A
Ministry of Health and Accident Compensation Corporation. 2013.
and Risk Factors Study 2006−2016.
Ministry of Health.
Diseases,
from the New Zealand Burden of
3
13
The background section of Objective 1 needs to outline some measures to highlight the significance
of these harms which, in both the short and long term, impact on physical and mental health and
social wellbeing, the wellbeing of families and communities, workplaces and other institutions. Such
information is readily available and well summarised in the New Zealand Law Commissions paper,
"Alcohol in our lives: Curbing the Harm"5 and an analysis of the health impact of alcohol in the
southern region is available in the Southern DHB report "The Impact of Alcohol on the Health of
Southern
Recommendations: We recommend the background section is expanded to include
evidence relating to the health and social harms/impact of alcohol.
Objective 2
This objective implies that licensed premises are safe environments for the consumption of alcohol,
will help address a major cause of
and that "encouraging groups to go to licensed
harm." These statements are unfounded and un−evidenced. We believe that this
section would be better to focus on policies to support licensed premises to reduce harm through
improved host responsibilities in both regulated and unregulated settings and promote improved
standards of training of staff involved in the sale and supply of alcohol.
The implications section of Objective 2 are very industry focused and generally do not encourage
safe drinking environments but rather encourage the increase of more licences and the ease and
accessibility of obtaining them. Such a strategy is in fact in opposition to a harm reduction approach
which tells us that reduced accessibility and availability equals reduced
Recommendations: Statements implying that on−licenses by default provide, or are, safe
environments should be removed as they are misleading. The implication from this that
licenses should be easily accessible is therefore also unfounded and we do not support
that policy that because it may encourage an increase or proliferation in licensed
premises.
Objective 3
Southern PHO notes that pricing of alcohol is a determinant of levels of consumption and therefore
of harm. The strategy of a reduction of the price differential needs to be clarification around what
this means and how this will happen. Reducing the price of drink in on−licences is contrary to the
purposes of the Act as it will increase consumption and therefore alcohol related harm. There is
already an accepted evidence base which demonstrates the link between price, consumption and
harm. We support the statements around lobbying central government for legislative change
around pricing, assuming that this follows the approach of a minimum pricing strategy i.e.
Alcohol in Our Lives: Curbing the Harm. Law Commission report; no. 114,
6
Southern District Health Board, The
See a summary of research in Alcohol
Chapter
Alcohol on the Health
Southern
2010.
July 2013.
Our Lives: Curbing the Harm. Law Commission report; no. 114, Wellington 2010.
Why availability matters.
4
decreasing the differential by raising prices, not lowering them.
monitor and restrict the sale and supply of alcohol to minors.
We also support strategies to
Recommendations: Southern PHO seeks further information and clarity in the LAP around
the strategies that the Councils intend to use locally to address price differential for
alcohol beverages.
Policies
Policy A l : Density
A Community Impact Statement is a summary of consultation between the applicant and the local
community about any issues and concerns with a proposed application. The draft LAP supports a
Community Impact statement for only off−licences. While this is a well meaning initiative, it is
important to accept that there are a number of impacts to a community with all licences that are
granted, not only off−licences. The draft LAP also notes that licensees would only have to provide a
Community Impact Statement once, and not on renewals. We disagree with this. Communities and
the impact of alcohol on them changes over time, therefore a Community Impact Statement should
be required of all licensees each time the license is varied or renewed.
Given the requirements of the Statement we query the ability and capacity of license applicants to
research and consult, and to accurately and objectively assess the magnitude, duration and
probability of the occurrence of the health and social impacts. We suggest clarification on this
matter.
A Community Impact Statement should be required for all types of
license applications including club licences, on−licences as well as off−licences. We
recommend all renewals and variations include a community impact statement. We seek
clarification on how applicants could demonstrate the required skills and impartial
judgment necessary to prepare an objective and accurate Community Impact Statement.
Policy
Sensitive Premises
The clustering of premises in one area and the distance of alcohol outlets to certain types of facilities
Having alcohol outlets
can have severe negative impacts on the wellbeing of our
operating near sensitive sites, in similar ways that any other shop or service operates, also helps to
normalise alcohol in children's minds and encourages them to think that alcohol is a product that is
just the same as any other ordinary commodity. However, alcohol is not an ordinary commodity and
we should discourage an environment in which our children view it as being one. Exposure to
alcohol advertising has been shown to lower the age that young people start to drink and make it
more likely for them to drink heavily. After reviewing 13 longitudinal studies that reported on
38,000 young people, Anderson and others (2009) found consistent evidence to link alcohol
of Alcohol Outlet Density in the North
M.P., Cochrane, W., Gordon, C., and Livingston, M. (2013). The Locally−Specific
Island of New Zealand, 2006−2011, research report commissioned by the Health Promotion Agency, Hamilton: National Institute for
of Waikato.
Demographic and Economic Analysis,
5
15
advertising with the uptake of drinking among non−drinking youth and increased consumption
among their drinking peers. Anderson noted that these results were not surprising, as exactly the
same conclusions have emerged from reviews of the impact of tobacco and food marketing on
young
people.9
Recommendation: Southern PHO recommends that the distance to sensitive areas should
apply to not only on−licence venues, but also all other licence applications, and we
recommend the distance be extended to at least 200 metres. Additionally the Southern
PHO supports the proximity of sensitive premises extends to alcohol advertising (as a
discretionary condition of all licence types). Southern PHO would like to see restrictions of
the advertising of alcohol within 200m of sensitive locations as well. In light of these
recommendations, Southern PHO submits that the issuing of special licences to such
sensitive premises would therefore be inappropriate.
Policy Cl: Trading Hours
The weight of evidence suggests that restrictions on opening hours and days of sale are important
policy levers for managing alcohol−related harm. Out of the mechanisms available to be used in a
Local Alcohol Policy, restricting the trading hours of licensed premises will have the greatest impact
on reducing harm. Babor et al summarises the evidence for restricting trading hours "...there is
strong and reasonably consistent evidence from a number of countries that changes to hours or days
of trade have significant impacts on the volume of alcohol consumed and on the rates of
problems". The authors go on to say that when hours and days of sale are increased,
consumption and harm increase, and vice versa. Since this research, further, robust, large scale
studies have confirmed this
On−Licences
The evidence also suggests that for every hour of earlier closing, the further alcohol−related harm
will be
and s
i principle upon the suggest trading hours as proposed.
Recommendation: Southern PHO recommends on−licence opening hours for CBD are set at
on any day to 2am the following day. We also recommend opening hours for non
CBD are set at 9am on any day to lam the following day.
On−Licences (Class 2 and Class 3 Restaurants)
facto bars late at night. A separate, earlier closing
There s
i risk of cafes and restaurants becoming
time would reduce the risk of these types of businesses turning into tavern type environments later
in the evening.
(2009). Impact of Alcohol Advertising and Media Exposure on Adolescent Alcohol Use: A systematic review of
Anderson
longitudinal studies. Alcohol & Alcoholism. 44:229−242
10
Commodity: Research and Public Policy. 2nd ed. Oxford University Press (p.145).
Babor et al (2010). Alcohol No
2012).
with Alcohol−Related Harm and the Night−Time Economy (DANTE). National Drug Law Enforcement
Miller, P.
Research Fund (an Initiative of the National Drug Strategy). Monograph Series.
43. Canberra: Commonwealth of Australia. p.131.
(accessed 4 February 2014);
Available at:
12
World Health Organization Expert Committee on Problems Related to Alcohol Consumption (World Health Organization, Geneva, 2007)
at 26; T Chikritzhs and T Stockwell "The impact of later trading hours for Australian public houses (hotels) on levels of
Journal of Studies on Alcohol 591; T Chikritzhs and Stockwell
of later trading hours for hotels on levels of Impaired driver
road crashes and driver breath alcohol levels" (2006) 101 Addiction 1254; T Chikritzhs and T Stockwell
Impact of later trading hours
for hotels (public houses) on breath alcohol levels of apprehended Impaired drivers" (2007) 102
1609, Duailibi S et al. 2007. The
effect of
opening hours on alcohol−related violence. American Journal Public Health 97(12): 2276−2280.
6
Recommendation: The Southern PHO supports On−Licence (Class 2 and Class 3
Restaurants) hours of between 8am and midnight the same day for restaurants and cafes.
Off−Licenses
Reducing the times alcohol is able to be sold would help decrease availability and accessibility of
alcohol while at the same time reinforcing the message that alcohol s
i not an ordinary commodity,
but rather a psychoactive substance. This means that parents with children getting food before
school would not be tempted into buying alcohol. This would in turn decrease the normalisation
which is contributed to by the purchasing alcohol as if it were an ordinary grocery product. The New
Zealand Law Commission notes that a large number of submitters supported a selling time of
for off−licenses for this
An earlier closing time may also reduce harm by minimising
opportunity
'side
Regarding the later proposed closing times by the Southland District Council, we disagree with
reasoning that "the risks associated with later closing times do not outweigh the benefit of providing
i a demand". This directly contradicts an earlier statement, which emerged
a service where there s
as a matter of concern in rural Southland around "the availability of 'cheap' alcohol via supermarkets
s
i having an impact on rural communities". Additionally the purpose of the current legislation is to
minimise the harm caused by excessive consumption of alcohol, and the restriction of opening hours
s
i an evidenced−based approach to achieve this objective. The matching of supply with demand runs
counter to the objectives of the Act.
Recommendation: We recommend off−licences opening hours are set at 9am on any day to
the same day. Additionally we recommend that all off−licence opening hours are
aligned across the region.
Club Licenses
The primary purpose of clubs s
i not to serve liquor or act as a de facto on−licence; therefore we
would not expect to see clubs holding the same hours of trading as on−licences but rather less.
Recommendation: The Southern PHO recommends Club Licences opening hours are set at
9am on any day to
on nights other than Friday and Saturday, and 9am to midnight
on Friday and Saturday nights. The exception being any licence granted for a late licence
which commences at the conclusion of the club's usual activity with closing being no later
than lam.
Special Licenses
Evidence indicates that alcohol related harm is particularly influenced by later closing
reflect
Recommendation: We recommend that opening hours for Special
moderate, appropriate and responsible drinking times that align to the object of the Act.
13
14
Alcohol in Our Lives: Curbing the Harm. Law Commission report; no. 114, Wellington 2010.
and T Stockwell
See, for example, T
drivers" (2007) 102
apprehended
impact of later trading hours for hotels (public houses) on breath alcohol levels of
1609.
7
17
Policy
Discretionary Conditions
Research shows us that the types of measures that discretionary conditions impose are more
effective if they are applied in a mandatory manner.15 We note that discretionary provisions provide
further opportunity to address specific or localised issues with the aim of reducing the risk of
alcohol−related harm.
Recommendations: We support the list of discretionary conditions outlined in the draft
LAP. There one other discretionary condition the Southern PHO recommends which is
that a duty manager is present for all club and special licences, unless the event is very
small and low risk.
Policy El: One−way Door
The draft LAP heavily relies on information from the Hospitality Association's "research" document,
"Fact Vs Fiction" in purporting the ineffectiveness of one way door policies. We note that this
document is a lobbying document from an industry stakeholder and therefore must be interpreted
with this in mind. The document itself relies heavily on anecdote, opinion, isolated case studies and
media reports. In this respect we disagree with the impression that the draft LAP considers a one
way door policy an ineffective intervention. We see this as a misrepresentation of the evidence.
There is in fact positive evidence for the effectiveness of one way door polices. For example, in
Christchurch where one way door policies have been trialled, the policy was implemented with
significant successes. Based on quantitative data in the period of 2006−2007, occurrences typically
identified as alcohol related on Saturday and Sunday nights increased by 101%. However, this
surprising figure is to be interpreted alongside with the increased police presence. Minor offences
such as disorder and liquor ban breaches are the two offences evaluated that are most typically "self
generated" by police, this means the increase of police presence (as part of the policy
implementation) would inevitably increase the numbers of recorded minor offences. In order to
determine the 'real' outcomes of the policy, the focus should be on the non− 'self generated'
offences such as sexual offences and violent crimes. With this vision, the one way door policy seen
'self
to have brought a positive impact in reducing crime and violence. Occurrences (excluding
generated') on Saturday−Sunday night decreased by 4% and violence
on Saturday−Sunday
night decreased by 22% compared with the period 2005−2006 when the policy was not
implemented. The numbers of sexual offences decreased by 2/3 in the period of 2006−2007
compared with
One way door restrictions may also assist in reducing the practice of
(where
side−loading
patrons temporarily leave the premises to consume alcohol, usually
pre−purchased
from an off−licence) as well as a raft of other common occurrences like queues (where
trouble is more likely to happen) and people wandering from one premise to the next near closing
time.
Recommendation: The Southern PHO supports a one−way door policy trial being put in place,
as recommended by the Police. Additionally we would hope that any evaluation of the trial
15
(2012). Dealing with
and the Night Time Economy (DANTE). Final report. National Drug Law Enforcement Research
Miller,
Fund: Australia. AND Miller,
(2013). Patron Offending and Intoxication Night−Time Entertainment Districts (POINTED). Final
report. National Drug Law Enforcement Research Fund:Australia.
16
Kirwood and Parsonage (2008). Evaluation of the Christchurch City one way door Intervention. ALAC www.alcohol.org.nz
8
that takes place will need to be measured against reliable and valid evidence and not opinion
or anecdote.
Southern PHO does wish to be heard in respect of this submission.
19
095
SUBMISSION
to
Invercargill City, Gore District and Southland District
Councils
Invercargill, Gore and Southland Draft
Local Alcohol Policy
24 March 2013
21
1.
Introduction
These submissions are presented by the New Zealand Retailers Association
(“NZRA”).
These submissions are made on behalf of:
•
•
The NZRA; and
All members of the NZRA located within Invercargill City, Gore and Southland
Districts, including (but not limited to) those specifically named in Schedule 1
to these submissions.
In developing these submissions we have endeavoured to reflect the views of those
of our major members who operate businesses in Invercargill, Gore and Southland.
These are primarily the two major supermarkets (Progressive Enterprises Ltd and
Foodstuffs South Island Ltd) who are also presenting their own views directly to the
Council. However, there are other businesses in the jurisdiction of the three
Council’s, who hold off-licences – including liquor, speciality food and
convenience/grocery stores, or on licences – including cafes and restaurants, who
will also be significantly affected by the proposed restrictions set out in the draft LAP.
We are aware that Liquor Licensing Trusts operate in Invercargill and Matarua which
generally prevent the direct selling of alcohol by supermarkets or liquor outlets as is
the norm in other parts of New Zealand. However, we understand that supermarkets
are permitted to sell beer and wine in 10 provincial towns in the Southland District
which are outside the jurisdiction of the two trust areas. We also understand that
branded liquor stores act as an agent for a trust within the jurisdiction of the three
Council’s. Accordingly we feel it is appropriate to file a submission which is in line
with those we have filed on other LAP’s throughout the country.
2.
About New Zealand Retailers Association
The NZRA is the most significant body in the country representing the interests of
retailers. We represent an industry1 that has annual sales of $72 billion and which
employs 327,000 people2 (approx 20% of the New Zealand workforce) in more than
44,000 outlets throughout New Zealand.
Across all store types and areas we have some 5,700 members and they in turn
operate some 14,000 shop fronts. These stores range from the majority of large
national retailers to thousands of owner operators.
Our membership accounts for 65% – 70% of total retail expenditure (excluding the
motor vehicle sector).
1
2
Statistics NZ Retail Trade Survey incl Retail, Food, Accommodation, Vehicle/Fuel retailing Sept 2012 Qtr
Statistics NZ Business Demography Feb 2012
3.
Contact
or
Louise Evans McDonald
Government & Advisory Group Manager
New Zealand Retailers Association
Level 2, CMC Building
89 Courtenay Place, P O Box 12 086
Wellington
Barry Hellberg
Government Relations Manager
Level 2, CMC Building
89 Courtenay Place, P O Box 12 086
Wellington
Ph: 04 805 0844
Fax: 04 805 0831
Email: [email protected]
Ph: 805 0830
Fax: 04 805 0831
4.
Background
The NZRA has been involved in the recent Alcohol Reforms process at a national
(Central Government) level, beginning with the Law Commission’s comprehensive
review of legislation relating to the sale and supply of alcohol in 2009 and its
subsequent report in 2010. In February 2011, the NZRA made submissions to the
Justice and Electoral Select Committee on the Alcohol Reform Bill (introduced in
November 2010) and has followed the progress of that bill and the subsequent Sale
and Supply of Alcohol Bill (introduced in December 2012) through Parliament, to the
eventual enactment of the Sale and Supply of Alcohol Act 2012 (‘the Act’).
The NZRA welcomes the opportunity to present its views on the draft local alcohol
policy (LAP) released by the Invercargill City, Gore and Southland Councils (‘the
Council’s).
Before commenting on aspects of the proposed LAP we would like to say that that
the NZRA considers that any decisions on future liquor policy in Invercargill, Gore
and Southland must be based on a robust evidence-based discussion around the
perceived harm arising from alcohol as well as the inappropriate behaviour that
arises through over indulgence in alcohol consumption. We acknowledge the Council
did undertake some community surveys and held some stakeholder meetings in the
lead up to the development of the LAP at which the NZRA was represented.
However, we believe that what is lacking is an equally robust examination or
commentary of the unintended economic consequences of major changes in local
alcohol policy that might result in fewer jobs, less investment and less wages in
Invercargill, Gore and Southland.
Statistics New Zealand data indicates there are 78 supermarket and grocery stores
in Invercargill, Gore and Southland that employ 1,600 people. Additionally, there are
14 liquor retailers employing 109 people. Both sectors make an important economic
contribution to the Southland region, and, as previously stated, major changes in
liquor policy could adversely affect either sector unintentionally with perverse
economic outcomes.
5.
Submissions
23
The NZRA, and its members, recognise the need for alcohol reforms and the role of
such reforms as part of a wider solution to address the drinking culture that exists
today in New Zealand, particularly amongst at risk groups, such as youth.
However, we are concerned that the restrictions set out in the LAP represent more of
a “knee-jerk” reaction to a popular social issue, than a reasoned and logical attempt
at solving an identified problem.
Given the serious impact that the proposed restrictions will have on businesses and
the local economy (many of which may not have been contemplated by the
Committee), it is important to ensure that the provisions of the draft LAP effectively
address the underlying cause of the problem, without causing undue harm to other
aspects of society. We note that the Act itself already provides for mechanisms such
as police reporting and licensing processes to deal with the matters of concern here.
We are particularly concerned with the robustness of the evidence that the Council
now seeks to rely upon as justifying the proposed restrictions. The Council appears
to rely heavily on the results of community surveys and some stakeholder meetings,
which do not provide any real basis for concluding that:
(a) there is an existing problem associated with alcohol sale and supply practices
in Invercargill, Gore and Southland which is not addressed under existing
legislation;
(b) this problem is being caused or contributed to by location of off-licence outlets
and the time at which alcohol is available for purchase;
(c) the proposed reforms (which will seriously undermine competition within the
retail sector in identified areas) are an appropriate means of fixing the
problem which has been identified; and that
(d) the proposed reforms will not cause undue harm to individual businesses and
the local economy more generally.
In putting forward the draft LAP, the Council has failed to properly consider the
implications of the proposed restrictions for the alcohol market, and the flow-on effect
for the wider community. The proposed restrictions on trading hours will not only
undermine competition within the district, thus interfering with free market processes
and the profitability of individual businesses, but they are also unlikely to have any
significant impact on consumer purchasing behaviours. We have not seen any
evidence to suggest that the market itself will not simply “self-correct” following the
imposition of these trading restrictions, with consumers choosing to either shop
elsewhere, or at a different time of day.
In this respect, we consider that the problem is being pushed squarely on to the
shoulders of individual business owners, where there is no evidence to suggest that
it is their practices which have led to the necessity for reforms to be put in place. We
would question the reasonableness of the Council in proceeding any further with the
proposed reforms, particularly in circumstances where there is simply no evidentiary
basis to do so.
We therefore seek that the Council reconsider the proposed reforms, including
whether they are necessary to begin with.
a) Density - Community Impact Statements
We note that as part of the draft policy, new applicants would be required to produce
a community impact statement to accompany any new application for an off licence
associated with any premises within the Invercargill City or Gore and Southland
Districts.
We note that part of the call for such a policy relates to “large price discounts
available from supermarkets” as well as their extended hours in rural Southland
We are concerned about such a requirement. We think such a requirement would
place unnecessary and inappropriate costs upon particular applicants and believe it
should be up to the Local Alcohol Licensing Committee to undertake such an
analysis if in fact it is required.
We also have major concerns about the reasons why such a proposal has been
included in the draft LAP. Pricing issues have nothing to do with local alcohol plans
and both supermarkets have gone on record to say they do not loss lead on the sale
of beer and wine to consumers.
b) Hours of Opening
The Association supports the adoption of the national set of default trading hours of
7am to 11pm as provided for in the Act and are of the view that it is unnecessary and
inappropriate for further trading-hour restrictions to be imposed under the LAP.
These default hours came into force in December 2013.
We do not believe that the Council has produced any real evidence to demonstrate
that the shorter hours of 7am to 10pm outlined in the draft plan will be effective in
minimising alcohol related harm in Invercargill City and the Gore Districts. We note
that earlier times are based on recognition of community concerns but do not think
that that concern in itself is reason to look at more restricted hours.
We note that the national default hours of 7am to 11pm have been proposed for the
Southland District where supermarkets are legally able to sell beer and wine as the
Southland District Council believes the risks associated with latter closing times do
not outweigh the benefit of providing a service where there is demand.
There is no evidence to suggest that the purchasing behaviour of those most likely to
“pre-load” is related to the hours at which alcohol is available. We suggest that there
will be no impact on the volume of alcohol purchased from an off-licence premise
whether it closes at 10pm or 11pm. Faced with shortened trading hours, customers
are simply more likely to change the time at which they buy their alcohol than to
amend the amount they buy or go without. It id worth considering here the behaviour
of the real pre-loader - they are unlikely to be going out to purchase alcohol from offlicence premises between 10pm and 11pm as this is supposedly when they are preloading.
25
In reality, the imposition of further restrictions on trading hours will do very little to
curb the consumption behaviours of those most at risk – where there is a will, there
is a way. Customers will simply avert localised restrictions by either purchasing
alcohol at different times of the day or driving to the next licence holder, or town
which may have extended hours. It will very quickly become apparent which retailers
are operating under trading hour restrictions and which are not. This will significantly
impact on the viability of retail outlets themselves, while doing very little to stem the
underlying problem.
We submit that there is a likelihood that some consumers will opt to drive and shop
outside of Invercargill and Gore should the two Council’s implement shorter hours of
7am to 10pm. This has the potential to cause very serious social problems, leading
to potential increases in incidences of drink driving (as consumers attempt to find the
closest open liquor outlet) and the creation of “alcohol hubs”, where individuals
congregate after other retailers have closed and sales become concentrated in one
area.
Having the national default trading hours adopted by Territorial Authorities without
change would avoid these operational issues.
For the above reasons, we seek that the proposed trading hour restrictions be
deleted from the LAP for trading in Invercargill and Gore and the default trading
hours for off-licences of 7am to 11pm as set out under the Sale and Supply of
Alcohol Act 2012 be affirmed for all three jurisdictions.
c)
We note that the draft LAP contains a number of suggested discretionary conditions
but are concerned to note that “they have been proposed by the Police and
supported by the Local Medical Officer of Health” without any discussion with other
interested parties.
We consider such conditions should be considered on a case by case basis rather
than adopted as a blanket list.
6.
Appearance
The New Zealand Retailers Association would like to appear to speak to our
submissions.
24 March 2014
Schedule 1: NZRA members
Progressive Enterprises Ltd (incorporating the Countdown, Fresh Choice and
SuperValue brands)
Foodstuffs North Island Ltd (incorporating the NewWorld, Pak’nSave, Henrys Beer
Wines and Spirits and Four Square brands)
Foodstuffs South Island Ltd (incorporating the NewWorld, Pak’nSave, Henrys Beer
Wines and Spirits, On The Spot and Four Square brands)
Liquorland
Super Liquor
27
134
Submission on Gore/Southland/Invercargill District Councils
Combined draft Local Alcohol Policy
24th March, 2014
Alcohol Healthwatch is an independent charitable trust working to reduce alcohol-related
harm. We are contracted by the Ministry of Health to provide a range of regional and
national health promotion services. These include: providing evidence-based information
and advice on policy and planning matters; coordinating networks and projects to address
alcohol-related harms, such as alcohol-related injury, fetal alcohol spectrum disorder, supply
to minors and tertiary student drinking; and coordinating or otherwise supporting
community action projects.
Thank you for the opportunity to provide feedback on the Gore, Southland and Invercargill
District Councils combined draft Local Alcohol Policy.
We would appreciate being contacted about the possibility of providing an oral submission
also.
If you have any questions on the comments we have included in our submission, please
contact:
Amy Robinson
Health Promotion Advisor
Alcohol Healthwatch
P.O. Box 99407, Newmarket, Auckland 1149
P: (09) 520 7038 M: 021 264 6259
E: [email protected]
29
1. Introduction
Firstly, we would like to commend the Gore, Southland and Invercargill District Councils on
their commitment to developing a draft Local Alcohol Policy.
Our feedback is based on the following fundamental understandings:
1) The Sale and Supply of Alcohol Act 2012 provides for territorial authorities to
develop a Local Alcohol Policy. This was in response to widespread community
concerns and objections throughout New Zealand to the proliferation of outlets, the
proximity of off-licences to sensitive sites such as schools, their associated visual
impact and other impacts on communities.
Therefore we assert that Local Alcohol Policies must directly and effectively address
these concerns.
2) The content of a Local Alcohol Policy must be determined on its ability to
contribute to achieving the object of this Act, that being:
• 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.
For the purposes of subsection (1), the harm caused by the excessive or
inappropriate consumption of alcohol includes—
• any crime, damage, death, disease, disorderly behaviour, illness, or injury,
directly or indirectly caused, or directly or indirectly contributed to, by the
excessive or inappropriate consumption of alcohol; and
• (b) any harm to society generally or the community, directly or indirectly
caused, or directly or indirectly contributed to, by any crime, damage, death,
disease, disorderly behaviour, illness, or injury of a kind described in
paragraph (a).
Therefore, a Local Alcohol Policy must seek to do two things: Firstly, it needs to reduce
the significant levels of alcohol-related harm that already exists and secondly; it needs
to prevent further alcohol-related harm from happening (where able).
3) While acknowledging that Local Alcohol Policy content is limited to licensing
matters, they do provide great potential to address the key risk factors of
accessibility and availability of alcohol through restricting the density, location,
proximity and operation of licensed premises. In relation to the matters
relevant to the Local Alcohol Policy, the evidence-base of effectiveness for
reducing alcohol-related harm is strongest for reducing the trading hours of
alcohol outlets and reducing the numbers of alcohol outlets. With this in mind, it
is important that if this policy is indeed to meet its objective, these two policy
interventions will be prioritised.
With these understandings in mind Local Alcohol Policies must:
1) Be evidence-based and include mechanisms that will effectively reduce the
accessibility/availability of alcohol.
2) Reflect community wishes to restrict the number and location of alcohol
outlets and the hours that they operate.
3) Work effectively to address existing issues and prevent harm.
Our comments on this draft policy will be outlined below under their applicable
headings as laid out in the draft policy. We have underlined the proposals that we
support/do not support and have provided further recommendations in the boxes at
the end of each section for clarity.
2. Objectives
Objective 1: Recognition of harm reduction from alcohol misuse as a community priority.
Alcohol Healthwatch supports this objective.
Objective 2: Provision of a safe drinking environment.
Alcohol Healthwatch supports this objective in part. We have reservations around this
objective giving preferential status to licensed premises. Licensed premises contribute to
much of the alcohol-related harm in communities and should not be treated as if they are
‘safe’ drinking environments. To strengthen this objective we recommend the deletion of
‘preferably licensed premises (whether “on”, “club”, or “special”) so that the objective reads
“The provision of safe environments for the consumption of alcohol is encouraged”. We are
also concerned with the first three implications listed under this objective. The Ministry of
Justice’s Regulations Consultation paper that was released last year, explicitly outlined the
intention of the Local Alcohol Policy legislation is to reduce the accessibility and availability
of alcohol. It is also clear that to reduce the excessive and inappropriate use of alcohol,
which was highlighted earlier in your policy, evidence based restrictions will need to be
implemented. As will be discussed further below, the restrictions that will be required to
reduce harm are completely opposite to the intent of these first three implications that are
listed. It is not in the domain of a Local Alcohol Policy to ‘not discourage the establishment
of further licences’, endeavour to make alcohol licence processes for on-licences easier, or
to make the fee structure less discouraging for responsible operators. These all go
completely against the intentions of the Sale and Supply of Alcohol Act 2012 and we
recommend they be deleted from the draft policy.
Objective 3: Responsible supply of alcohol.
Alcohol Healthwatch supports this objective in part. As a Local Alcohol Policy can only
contain matters that related to licensing and therefore we don’t believe (b) Reduction of the
price differential for alcoholic beverages between on and off- licensed premises can be
31
included. We would also recommend strengthening (c) greater responsibility in advertising,
especially large quantities of low-price alcohol available from off-licences by being more
specific in the action you want off-licences to take around advertising. For example, limiting
the space that advertising can have on and around the premise, limiting the types of signage
or prohibiting advertising on and around premises that are within 500m of an educational
institution or other ‘sensitive site’.
Objective 4: Promotion of Accords
Alcohol Healthwatch does not support this objective. We do not believe that the promotion
of accords is a licensing matter and the evidence available would also lead us to question
their effectiveness. Only Local Alcohol Policies have the power to deviate hours from the
maximum default hours prescribed in the Sale and Supply of Alcohol Act 2012. We
recommend that this objective is deleted.
3. Policies
A. DENSITY
Alcohol Healthwatch recommends strengthening this policy as outlined below. The
recommendations we make are supported strongly in the scientific literature and will be
much more likely to achieve a reduction in harm than the requirement for community
impact statements on off-licence applications only. Community impact statements do not
have the strength of evidence behind them that is required to make a substantial difference
to the harm profile. We therefore do not support the policy as proposed.
The evidence behind decreasing the number of outlets that sell alcohol to reduce alcoholrelated harm is strong. As Babor et al (2010) found; “Restricting the number of places where
alcohol can be sold has been widely used to reduce alcohol-related problems by limiting
consumption” 1.
The damage that concentrated numbers of alcohol outlets can cause communities is
demonstrated in part by the findings of the Impacts of liquor outlets in Manukau City
research undertaken by the former ALAC (conducted by the University of Waikato). This
study found several key results relating to the characteristics of alcohol sales in this area.
1. Off-licence outlet density is related to social deprivation, i.e. higher relative
deprivation is associated with a higher density of off-licence outlets
2. Further, off-licence outlets tend to be distributed throughout the area in order to
reduce local competition
1
nd
Babor et al (2010). Alcohol No Ordinary Commodity:Research and Public Policy. 2 ed. Oxford University
Press. P.131.
3. Areas with a higher density of off-licence outlets have higher competition between
those outlets, leading to lower prices, longer operating hours and later weekend
closing times
4. Higher numbers of off- and on- licences is associated with a higher number of total
police events. In particular, off-licence density is associated with higher levels of antisocial behaviours, drug and alcohol offences, family violence, property abuse,
property damage, traffic offences and motor vehicle accidents. On-licence density is
associated with higher levels of dishonesty offences and property damage 2.
An extension of this study which looked at the impact of liquor outlets on communities
across the whole of the North Island has recently been released by the Health Promotion
Agency 3. Overall, the report states that although there is variation across the North Island,
the most substantial positive relationships with violent offences were observed for bar and
nightclub density, and supermarket and grocery store density. Other on-licence density and
licensed club density also had significant positive relationships with violent offences, while
other off-licence density had a marginally significant negative relationship with violent
offences. The researchers have found that these trends follow a similar pattern across the
North Island; it is just the magnitude of the harm that differs between large cities and
smaller towns.
Alcohol Healthwatch is recommending a regional cap on licensed premises with an optional
localised sinking lid policy for those communities who have high stress/high risk profiles to
decide upon if they feel that they have too many alcohol outlets in their community, or if
they want to protect their young people from the adverse effects of high numbers of alcohol
outlets. The cap and/or sinking lid can either be applied to all licensed premises or a
particular type of licence e.g. off-licences.
We note in the draft policy that the problem of alcohol abuse appears to be at least as
significant in the Southland region as elsewhere in New Zealand. This would suggest that the
current drinking environment in this area is such that it is contributing to significant levels of
harm to communities that can be prevented. We also see that there seems to be consensus
amongst the professional community at least that the current availability of alcohol from
licensed premises contributes significantly to alcohol-related problems in their districts.
Therefore, it is obvious that the Trust controls on numbers of alcohol outlets in the area are
insufficient and stronger controls are required.
2
Cameron, M.P., Cochrane, W., McNeill, K., Melbourne, O., Morrison, S., & Robertson, N. (2009). The impact of
liquor outlets in Manukau City – Summary Report-Revised. Wellington: ALAC.
3
Cameron, M.P., Cochrane, W., Gordon, C., and Livingston, M. (2013). The Locally-Specific Impacts of Alcohol
Outlet Density in the North Island of New Zealand, 2006-2011, research report commissioned by the Health
Promotion Agency, Hamilton: National Institute for Demographic and Economic Analysis, University of
Waikato.
33
Alcohol Healthwatch recommends:
1) A regional cap is placed on all licences across the districts. This will allow for redistribution
of premises and enable new licences to open in growth areas as long as the number that it is
capped at is not exceeded.
2) The ‘cap’ total could be set at the number of premises that are operating on the date that
the Local Alcohol Policy is enacted.
3) A localised sinking lid is supported in the Local Alcohol Policy as a density mechanism and
so that communities can decide if this is appropriate for their area.
4) That the criteria used by inspectors for the assessment of density and proximity reflect the
description of harm in the Object of the Act.
5) That on-licences should not be exempt from these controls.
N.B. If the decision is made to include the proposed requirement for Community impact
statements in the final policy Alcohol Healthwatch recommends stating in the policy
members/groups of the community that the applicant must consult with e.g. local iwi and all
sensitive sites, community members and business owners within a 100m radius of the
proposed licence area. We also recommend including a requirement for the applicant to
demonstrate how they will minimise harm through their activities particularly to vulnerable
populations.
B. SENSITIVE PREMISES
Alcohol Healthwatch supports the sensitive premises policy. We believe however that this
should be a requirement for all premise types and also have a number of recommendations
to further strengthen this policy.
Over the past few years, many communities have objected to off-licences being located in
close proximity to facilities of a particular kind, or sensitive sites, such as schools. There is
good reason for communities to be concerned about the effect of alcohol outlets on
vulnerable populations, such as children and young people. Exposure to alcohol advertising
has been shown to lower the age that young people start to drink and make it more likely
for them to drink heavily. After reviewing 13 longitudinal studies that reported on 38,000
young people, Anderson and others (2009)4 found consistent evidence to link alcohol
advertising with the uptake of drinking among non-drinking youth and increased
consumption among their drinking peers. Anderson noted that these results were not
surprising, as exactly the same conclusions have emerged from reviews of the impact of
tobacco and food marketing on young people.
4
Anderson P et al (2009). Impact of Alcohol Advertising and Media Exposure on Adolescent Alcohol Use: A
systematic review of longitudinal studies. Alcohol & Alcoholism. 44:229-242.
Having alcohol outlets operating near sensitive sites (or facilities of a particular kind), in
similar ways that any other shop or service operates, also helps to normalise alcohol in
children’s minds and encourages them to think that alcohol is a product that is just the same
as any other ordinary commodity. However, alcohol is not an ordinary commodity and we
should not encourage an environment in which our children view it as being one. We
believe that community, sensitive sites, and other businesses within a specified buffer zone
(for example, a 100m radius) of new or renewal applications should be notified of the
application and the process to object.
The location of licensed premises in relation to ‘sensitive sites’ has been a common area of
concern throughout the country. It is also a concern in other parts of the world, for example
in Thailand they prohibit alcohol advertising within 500m of educational institutions. A
number of other draft Local Alcohol Policies in New Zealand have proposed proximity
controls between new licensed premises and sensitive sites. We would encourage the
Councils to further consider including these types of controls in their policy also.
1) That the sensitive premises policy is strengthened to at least require evidence of
consultation with owners/occupiers of nearby sensitive sites by all licence types.
2) That community, sensitive sites, and other businesses within a specified buffer zone (for
example, a 100m radius) of new or renewal applications should be notified of the application
and the process to object.
3) Existing and new alcohol outlets within 500m of specified ‘sensitive sites’ have
signage/advertising restrictions on and around their premises placed on their licence as a
discretionary condition.
4) That Councils consider further location controls such as proximity controls between
licensed premises and between licensed premises and sensitive sites (e.g. 50m from border).
C. TRADING HOURS
The weight of evidence suggests that restrictions on opening hours and days of sale are
important policy levers for managing alcohol-related harm. Out of the mechanisms available
to be used in a Local Alcohol Policy, restricting the trading hours of licensed premises will
have the greatest impact on reducing harm.
Babor et al (2010) 5 summarise the evidence for restricting trading hours “...there is strong
and reasonably consistent evidence from a number of countries that changes to hours or
days of trade have significant impacts on the volume of alcohol consumed and on the rates
5
nd
Babor et al (2010). Alcohol No Ordinary Commodity: Research and Public Policy. 2 ed. Oxford University
Press (p.145).
35
of alcohol-related problems”. The authors go on to say that when hours and days of sale are
increased, consumption and harm increase, and vice versa.
These findings have been further demonstrated by more recent research in Australia.
Associate Professor Peter Miller from Deakin University in Victoria has released the findings
from two studies that compared interventions in the night-time economy in Geelong and
Newcastle 6. One of Associate Professor Miller’s key recommendations from the 5 year study
was the requirement to restrict trading hours to reduce alcohol-related harm 7. These
studies also revealed a number of benefits that restricted trading hours can have for the
community, including the businesses that sell alcohol. Benefits included a change in the
drinking culture, a decline in heavy drinking, and a reduced number of assaults. For alcohol
outlets, patron spending stayed the same or increased as instead of pre-drinking elsewhere
patrons came into on-licence premises earlier and spent the money they were previously
spending elsewhere, in the premise instead. Licensees were also happy to close earlier as
long as it was the same rule for all. By closing earlier, licensees can save money on costs
such as security, staff and electricity, and they have an earlier night which appealed to
them. One of the real benefits of reducing the trading hours is that the intervention costs
nothing to implement; compared to the expense that host responsibility type licensing
conditions such as increased security, lighting and CCTV cameras can have for businesses.
Furthermore, it is a highly effective intervention unlike some of these other measures.
The evidence also shows that for every hour of earlier closing, the further alcohol-related
harm will be reduced. Subsequently, research in Australia has shown that for every hour a
venue is open after midnight, there was a 17% increase in harm (drink driving, assaults, and
ED attendance) 8.
Figures from the Police show that nationally the predicted rate of alcohol-related offending
doubles between 1-2am, doubles again between 2-3am, and doubles again between 3-5am.
Available evidence further suggests that earlier closing times, amongst other measures, can
also reduce the risk of pre-loading which is a prevalent issue for most communities 9.
For on-licence premises such as bars, taverns, pubs and night clubs we recommend that the
maximum trading hours in large central city areas are 10am-2am. In smaller towns and
6
Miller, P et al. (2012). Dealing with Alcohol and the Night Time Economy (DANTE). Final report. National Drug
Law Enforcement Research Fund: Australia. AND Miller, P et al. (2013). Patron Offending and Intoxication in
Night-Time Entertainment Districts (POINTED). Final report. National Drug Law Enforcement Research Fund:
Australia.
7
Ibid.
8
Chikritzhs et al (2002). The Impact of Later Trading Hours for Australian Public Houses (Hotels) on Levels of
Violence. Journal of Studies on Alcohol and Drugs. Vol 63:Issue 5.
9
Australia.
centres, it may be more appropriate for an earlier closing hour for on-licence premises, such
as 1am. We also recommend that the maximum trading hours for restaurants, cafes and
function centres be 10am-12am. Further where required, we recommend that there is
differentiation between the hours of suburban/rural on-licence outlets and the central
city/town precinct areas to ensure that community amenity is not disturbed and the
likelihood of driving at highly intoxicated levels is reduced. One way doors may be a useful
intervention to implement if closing hours are graduated in this manner to prevent
migration.
Additionally, club licences, in particular those held by sports clubs, have been reported in
the research and anecdotally as contributing to the risky drinking behaviours exercised by
the participants at the club 10. Therefore, we recommend a further restriction in opening
hours than what is proposed in the draft policy to 10am-12am to reflect the level of risk
these settings experience.
We recommend a consistent approach to trading hours across the three districts.
Alcohol Healthwatch recommends the following maximum trading hours for licensed
premises in the Gore/Southland/Invercargill Districts:
On-licences
Central City areas: 10am – 1am.
Suburban and rural areas: 10am – 12am.
Restaurant/cafe/function centre/club licences: 10am – 12am.
Off-licences
10am – 9pm for all off-licences (no exceptions for supermarkets).
Special licences
Hours should not exceed the maximum default hours provided for on-licences in the Sale and
Supply of Alcohol Act 2012 (e.g. 8am – 4am).
D. DISCRETIONARY CONDITIONS
Alcohol Healthwatch supports the list of discretionary conditions included in the draft
policy.
As discussed earlier in our submission, community and professional concerns with regards
to some forms of alcohol advertising by off-licences could be addressed in this section. For
10
O’Brien, K. (2011). Commentary on Terry-McElrath & O’Malley (2011): Bad sport – exorcizing harmful
substances and other problems. Addiction, 106, 1866-1867.
37
example, including specific restrictions on the amount of external alcohol advertising and
signage allowed on and around off-licence premises.
We believe that licence conditions can be an effective measure to assist Councils to ensure
that the sale, supply and consumption of alcohol is undertaken safely and responsibly and
that the harm caused by the excessive or inappropriate consumption of alcohol is minimised
as per the objective of the Sale and Supply of Alcohol Act 2012. However, there is evidence
elsewhere to show that without the big ticket items such as a reduction in trading hours,
these types of interventions are limited in their effectiveness11.
Where discretionary conditions are included in policies, we believe it is useful to have a
suite of conditions that are applied consistently (i.e. mandatory) per licence type. This will
ensure ease of application, understanding and fairness. It is also important for the policy to
be as specific as it can be in its guidance around these mechanisms. Research also shows us
that the types of measures that discretionary conditions impose are more effective if they
are applied in a mandatory manner 12.
1) A suite of discretionary conditions are chosen to apply to all licence types in the district.
2) A discretionary condition is included in the policy to restrict (or prohibit) the amount of
advertising and signage on existing premises within 500m of the specified ‘sensitive sites’.
E. ONE-WAY DOOR
Alcohol Healthwatch believes that one way doors can be a useful tool to have available in a
comprehensive policy, and if applied consistently can help to reduce harm. They work by
staggering the time that customers leave licensed premises thereby decreasing crowds of
people exiting licensed premises at the same time and also reduces migration between
premises which Police contend is one of the main issues confronting them late at night.
However, on their own and, if they are inconsistently applied, one-way doors are unlikely to
be effective.
We also believe however that if the maximum trading hours for all licensed premises were
restricted significantly (i.e. by at least 2 hours than the current hours) and mechanisms were
put in place to manage the numbers of alcohol outlets, one way doors would probably not
be required.
11
Australia.
12
Ibid.
If one way doors are implemented, Alcohol Healthwatch recommends they are evaluated.
Setting up a monitoring and evaluation project to assess the effectiveness of one-way doors
as a mechanism to reduce harm will be an important step that local Councils can take to
ensure that when the policy comes up for renewal, there will be more information to inform
future decision making on this mechanism. Due to their overall mixed effectiveness in the
literature, local evidence is needed to ensure that communities in which they have been
effective can continue to make the case for using them as an intervention.
1) That if a one way door intervention is implemented for on-licences they should be two
hours in duration and should be a mandatory condition for all on-licence premises.
2) A monitoring and evaluation programme to evaluate the effectiveness of the one-way
door policy in the district should also be developed and implemented.
OTHER COMMENTS
Special Licences
Alcohol Healthwatch recommends that the policy give more guidance around special
licences e.g. specifying the number of events that a single licence holder can apply for.
It is possible that a high number of special licences on one licence could encourage the use
of specials as a de-facto extension of hours or area of licence. In LLA 1813/92 the Authority
reminded [District Licensing] Agencies that they must avoid the issue of special licences for
series of occasions or events that in effect give the applicant the same, similar or even
greater licensed hours than may be sanctioned by the Authority on a permanent licence. We
suggest that for on-licensed premises, a series of events be limited to six, and for any other
special licence there be a limit of 12. Events that require special licences are often harmful
in nature and therefore should be limited.
1) That the number of special licences that a single on-licence licensee/applicant can apply
for on an annual basis is 6 and for any other special licence there be a limit of 12 events.
2) That maximum trading hours be specified in the policy for special licences. These should
not extend beyond the maximum default hours provided for in the Sale and Supply of Alcohol
Act 2012.
39
147
Submission to Invercargill City Council, Southland District Council and
Gore District Council on the Draft Local Alcohol Policy
24 March 2014
Name of Submitter: Foodstuffs South Island Limited (Foodstuffs)
1.
Foodstuffs are a retailer owned cooperative company, wholly owned by
South Island grocery stores. Foodstuffs' is New Zealand's leading retail
operation and holds 57% of the New Zealand grocery market. As an
experienced supermarket operator in the South Island, we have extensive
knowledge of liquor retailing to meet the needs of our customers and local
community. Foodstuffs are the wholesale supplier to PAK’nSAVE, New
World and Four Square supermarkets, Henry’s Beer, Wines & Spirits and
Liquorland.
Submission - General
2.
The Sale and Supply of Alcohol Act 2012 introduces significant changes
for all off-licence premises and specifically for supermarkets and grocery
stores. These changes include:



3.
the reduction of off-licence trading hours from 24 hours to 7am - 11pm;
single area provisions; and
restrictions on advertising, promotion and marketing of alcohol.
Foodstuffs believe it is important to allow the changes of the Act to be
implemented and effects measured before further changes are considered.
Submission – Hours Off Licence
4.
One of the objects of the Act is that the harm caused by the excessive or
inappropriate consumption of alcohol should be minimised.
5.
Parliament, in setting the default hours, reduced the negative effects of 24
hour licensing and said (Hon Simon Power) that the default hours "strike a
balance between reducing alcohol related harm with the impacts on
responsible licensees and drinkers. The off-licence hours accommodate
both early-morning shoppers, while reducing opportunities for "pre-loading"
or "post-loading".
6.
Foodstuffs does not believe that there is any evidence that has been
produced that demonstrates restricting licencing hours from the default
hours of 7am to 11pm will lead to minimising harm from alcohol
consumption.
7.
All Councils are required under the Local Government Act 2002 to make
decisions based on options, consultation and evidence.
Foodstuffs South Island Limited
Page 1
41
8.
Foodstuffs' trading data proves that only a small proportion of our sales
occur later in the evening, which suggests that alcohol purchases are
planned rather than opportunistic.
9.
Foodstuffs' data is consistent with that of the other major stakeholders
retailing alcohol and consequently Foodstuffs agrees with the Southland
District Council's assessment that there is limited risk associated with later
closing times.
10. The Draft LAP proposes that hours for off-licences within the Southland
District follow the default trading hours contained within the Sale and
Supply of Alcohol Act 2012 of 7am - 11pm.
11. Foodstuffs fully support these proposed hours for off-licences.
12. While Foodstuffs' supermarkets in Southland do not currently operate past
8pm this is not a reason for reducing hours. The hours we operate are
determined by customer demand and if an application as warranted then
the Council still has the power to control licensing hours on a case by case
basis under the Act. Consequently there is no need to reduce the hours
further.
13. Any further restrictions on the licencing hours:



will penalise shoppers who purchase beer and wine as part of their
normal weekly shop;
will lead to unintended consequences with respect to community
lifestyles and employment; and
will not achieve the object of the Sale and Supply of Alcohol Act 2012.
Submission – Community Impact Statement
14. The Draft LAP proposes and requires a community impact statement to
accompany any application for an off-licence associated with any premises
within the Invercargill City/Gore District/Southland District.
15. While Foodstuffs understands the rationale for the Councils wanting to
have greater community input Foodstuffs' does not support this
requirement; it is ultra vires the Councils' powers.
16. Exactly what can be included in a draft LAP is mandated by the Act and is
in narrow in scope. This fact is acknowledged by the Councils in the draft
LAP.
17. Section 77(1) sets out the policies that can be included and makes clear
that no other policies can be included other than those listed in sections
s77(1)(a) to (g).
18. None of the policies mandated in sections 77(1)(a) to (g) can, on any
objective and reasonable basis, be interpreted to permit a Council to
include a policy in a LAP, which has the effect of imposing additional
licencing criteria above and beyond the criteria set out in s105 of the Act.
Page 2
If additional criteria are required then that is the role of central government
to determine.
19. If the Council wishes to limit the number of off licences in the district on the
grounds of proliferation then it is entitled under s77(1)(d) to include a policy
that does exactly that, subject to it being reasonable and in accordance
with the objects of the Act. The proposed requirement for a community
impact statement is far wider in scope than what is contemplated and
permitted under s77(1)(d).
20. If a community impact statement becomes a requirement for any new
application (or variation of hours) then given the scope of what is expected
to be included in the statement it will mean that there is a significant time
and process cost involved, which in all likelihood will mean that Foodstuffs
and other potential applicants have to seriously weigh up the costs of
proceeding with any future developments.
21. To gather the type(s) of data being suggested and to complete the analysis
required so that the information is robust and reliable will require expert
consultants to expend considerable time and effort.
22. As the Council has rightfully acknowledged the statement will mean that
the process for obtaining an off licence will take considerably longer.
When the time and delay associated with all the processes under the
Resource Management Act and Sale and Supply of Alcohol Act is factored
in any further delays and cost makes an application look considerably less
viable, economic and attractive. This will have unintended consequences
as in many cases it may prevent an otherwise viable business positively
contributing to the community. It will also result in the licensing system
becoming excessive and unreasonable and in contravention of purposes of
the Act set out in section 3.
23. Section 106 of the Act requires the Councils when considering any
application or renewal application to assess the amenity and good order of
the locality. Any prudent applicant for an off licence will inevitably need to
address some of the criteria proposed in the community impact statement
as part of its reporting on the amenity and good order. Accordingly,
Foodstuffs considers that section 106 will more than adequately address
the Councils concerns.
24. The Council has suggested that one of the implications flowing from
requiring a community impact statement will be that the community has
input into whether a new off licence is established. Again, what the Council
is unintentionally doing is providing the community with a greater say and
more powers than prescribed under the Act or even under the RMA.
25. Neither the RMA nor the Act requires consultation although Foodstuffs
accepts that a prudent and reasonable applicant will normally engage in
this type of process on an informal basis. However, requiring formal
community input gives the community far greater and wider powers than
Parliament ever intended. The community's opportunity to have their say in
the process has been significantly amended the new Act; by widening
Page 3
43
those powers further the Council is acting outside of its own statutory
powers and without legal basis.
26. Foodstuffs submits that the requirement for a community impact statement
to be included with every application for a new off licence or for a variation
be removed from the LAP on the grounds that it is unnecessary,
unreasonable and outside the powers of the Council under s77 of the Act.
27. Foodstuffs would like to speak in support of our submission.
Tim Donaldson
Retail Brands Manager
167 Main North Road
Papanui, Christchurch 8052
Ph: 03 353 8700
Page 4
153
45
47
49
51
53
154
Public Health South
Dunedin: Private Bag 1921, Dunedin 9054
Ph: 03 476 9800 Fax: 03 476 9858
Invercargill: PO Box 1601, Invercargill 9840
Ph: 03 211 0900 Fax: 03 211 0899
Queenstown: PO Box 2180, Wakatipu, Queenstown 9349
Ph: 03 450 9156 Fax: 03 450 9169
SUBMISSION ON INVERCARGILL CITY, GORE DISTRICT AND SOUTHLAND DISTRICT
COUNCILS STATEMENT OF PROPOSAL– DRAFT COMBINED LOCAL ALCOHOL POLICY
To:
Submission – Draft LAP Policy
Private Bag 90104
INVERCARGILL 9840
Southland District Council
PO Box 903
INVERCARGILL 9840
Gore District Council
PO Box 8
GORE 9740
Details of Submitter:
The Southern District Health Board
Address for Service:
Public Health South
Southern District Health Board
Private Bag 1921
Dunedin 9054
Contact Person:
Tom Scott
Our Reference:
8233
Date:
21 March 2014
INTRODUCTION
Southern District Health Board (Southern DHB) presents this submission via its Public Health Service.
This Service is the principal source of expert advice within Southern DHB regarding matters
concerning Public Health. Southern DHB has responsibility under the New Zealand Public Health and
Disability Act 2000 to improve, promote and protect the health of people and communities.
Additionally there is a responsibility to promote the reduction of adverse social and environmental
effects on the health of people and communities. With 4,500 staff, we are located in the lower
South Island (South of the Waitaki River) and deliver health services to a population of 304,000.
pg. 1
55
Public health services are offered to populations rather than individuals and are considered a “public
good”. They fall into two broad categories – health protection and health promotion. They aim to
create or advocate for healthy social, physical and cultural environments. Positive outcomes are
realised in the long term.
This submission begins with general comments regarding the context of the draft document and
then focuses on specific sections and includes recommendations.
GENERAL COMMENTS
Southern DHB’s Public Health Service wishes to highlight the value of working together with local
government to consider the impact of various activities and plans on the health of the population.
The policies and actions of local government have great potential to impact on the health outcomes
of the local population.
The value of Local Alcohol Policies (LAPs) is that they have the opportunity to make the drinking
environment safer. It is well known and understood that there is little success from aiming
intervention on harmful use of alcohol solely at individuals. We also know that social policies, such
as those around the availability of alcohol and the drinking environment make a significant impact
on drinking behaviour. LAPs allow communities to contribute to the ground rules for the operation
of liquor licensing in their district.
The Law Commission’s report “Alcohol in our Lives: Curbing the Harm”1 included a substantial review
of the evidence concerning the relationship between alcohol availability and alcohol-related harm,
and noted that “regulating the physical availability of alcohol through restrictions on time, place and
density of outlets” is one of the “major policy levers available to reduce alcohol-related harm”.
We commend Invercargill City, Gore District and Southland District Councils on the development of a
draft combined LAP.
The Sale and Supply of Alcohol Act 2012 states that “in producing a draft policy, council must have
regard to ….(f) the overall health indicators of the districts’ residents and (g) the nature and severity
of the alcohol-related problems arising in the district”. (Section 78(1)). In light of this requirement,
we suggest that the policy should provide more robust information (which is available) in order to
provide accurate context and show relevance to current alcohol harms in the districts. We suggest
that the same principle should also apply to the police data that has been provided to Councils for
the purposes of the LAP.
Harmful use of alcohol has been an identified as a key health issue for Southern District residents. In
2012, Southern DHB alongside the other South Island DHBs, adopted a position statement2
acknowledging the importance of alcohol misuse as a preventable cause of illness and injury in the
district, and committing the DHB to working to reduce alcohol-related harm.
To support councils with the development of LAPs, Public Health South compiled The Impact of
Alcohol on the Health of Southern communities3 in 2013. We are encouraged to see that this
document and some of the content has been referred to in the draft LAP but are disappointed to
find that the seriousness and extent of alcohol related harm has been under reported. Our
1
Alcohol in Our Lives: Curbing the Harm. Law Commission report; no. 114, Wellington 2010. http://www.lawcom.govt.nz/project/reviewregulatory-framework-sale-and-supply-liquor/publication/report/2010/alcohol-our-lives
2
Southern District Health Board, Position Statement on Alcohol, April 2012, http://www.southerndhb.govt.nz/files/20130920903211379624601-0.pdf
3
Southern District Health Board, July 2013,http://www.southerndhb.govt.nz/files/2013071693920-1373924360-0.pdf
pg. 2
document in fact reported that according to 2011/2012 New Zealand Health Survey results, a
quarter of Southern District residents are hazardous drinkers.4 We have the highest prevalence of
hazardous drinking among all DHB regions, and a statistically significantly higher prevalence than the
national average (25.1% versus 17.0%). These results have recently been supported by a survey
which shows that 1 in 5 attendances to emergency departments are alcohol related.5 The report also
presents the views of health professionals in the Southern District, of which 132 are working in the
consulting districts. All of these professionals stated that alcohol-related problems are evident in
their district.
We believe that if the Councils are committed to reducing alcohol-related harm in their communities
then this current draft Local Alcohol Policy fails to acknowledge the existing known harm it is trying
to address and reduce.
SPECIFIC COMMENTS ON THE DRAFT LAP
SECTION 1 INTRODUCTION
Background (Pages 1-2)
The nature of the drinking problem is significantly worse in Southland than in the rest of New
Zealand with higher levels of hazardous drinking in young people and indications that these patterns
of hazardous drinking persist into an older age group. The paragraph beginning “Information for
Police …” therefore needs to be amended to reflect this evidence; it currently states “…abuse
appears to be at least as significant…” which is inaccurate. We suggest that the introduction should
be extended to include information that describes the context for this policy i.e. why alcohol-related
harm needs to be reduced.
Southern DHB believes that it is inappropriate simply to state that “Alcohol is a legal drug”. Alcohol
is legal but its sale and supply is regulated for good reason – it is toxic, psychoactive, carcinogenic
and addictive. The legislation does not require priority to be given to the expressed needs of the
hospitality industry nor does it permit their ‘needs’ to be considered except in so far as they
contribute to the reduction in alcohol related harm. Where there is conflict between a local
economic or development strategy and the need to effectively regulate the industry then the
statutory requirement on councils to minimise alcohol related harm takes precedent. The desire to
sustain vibrant hospitality industries through the notion of economic benefits for local and regional
economies must be seen for what it is – primarily a commercial imperative. Vibrancy draws on many
different events in city life such as theatre/movie attendance, buskers’ festivals and cultural
celebrations and should not be based around the provision of alcohol. If the Southland districts wish
to justify this approach then they should openly quantify any such economic benefits and then
provide an evidence-based model for the proposed balancing act between reducing harm and
economic benefits.
An effective LAP will not curtail the ability of ‘the responsible majority’ to consume alcohol in a way
that minimises individual harm. However, the threshold for risk of harms arising from alcohol is
poorly understood among the population and regulators and is much lower than commonly thought.
There is a need to better understand the terms ‘inappropriate’ and ‘excessive’ in relation to drinking
and harm – these are not defined in law and are seen by some to relate exclusively to binge drinking
and drunkenness/intoxication. The harmful effects of alcohol on health are much more complex
4
Hazardous drinking refers to an established drinking pattern that carries a risk of harming physical or mental health, or having harmful
social effects to the drinker or others.
5
The Australasian College for Emergency Medicine, Dec 2013,https://www.acem.org.au/getmedia/7ad4314e-507f-4e64-b45b1ba4fc769259/ACEMAlcoholHarmSurveyMediaRelease_NZ181213_1.pdf.aspx?ext=.pdf
pg. 3
57
than encompassed in those two simple scenarios (illness, injury and disease are the terms used in
the Act).
Southern DHB acknowledges the existence of the Invercargill Licensing Trust (ILT) and the Mataura
Licensing Trust (MLT) however believes it is unnecessary to outline their roles and responsibilities in
this policy since this consultation does not examine their role. The ILT and MLT are just two of many
licensees within the Council districts and are still subject to the provisions of the legislation. We
note that Southland is one of the last remaining areas in New Zealand to retain licensing trusts and it
is unclear how the Trusts might have influenced the development of this document. Statements
such as “…proliferation of off-licences in those non-trust areas” implies both that off-licences are
better controlled in trust regions and that on-licences, especially within trust areas are safe premises
for communities to patronise. There is no evidence offered to support this stance. Licensing Trusts
provide a mechanism for communities to benefit from the sale and supply of alcohol, but they are
required to operate in a manner that seeks to minimise the harm within those communities arising
from the consumption of alcohol.
Recommendations  That the Background is expanded to include context for this policy and more information
than currently provided on alcohol-related harm. Guidance can be sought from Section 78
(1) SASA Act 2012.
 That the reference to “alcohol is a legal drug” and sustaining economic benefits for local
and regional economies be removed as it is unnecessary, conflicts with the purpose of LAPs
and conflicts with the object of the SASA Act 2012.
 It is unnecessary to outline ILT and MLT roles and responsibilities in this policy and we
recommend this be removed.
Consultation undertaken to date (Pages 2-3)
We note that in this section that the consultation undertaken is very focused on the industry. The
consultation process with the Medical Officer of Health occurred following approaches to the LAP
development group and could have been improved. The provision of the document The Impact of
Alcohol on the Health of Southern communities6 appeared to be deemed as consultation with the
Public Health Service for the facilitators of the LAP, which was disappointing.
Recommendations  That a closer relationship with the Medical Officer of Health is forged in order to effectively
deliver section 295 of the Act to work collaboratively and develop and implement
strategies for the reduction of alcohol related harm.
Consultation process from now (Pages 3-4)
No amendments are required.
The Purpose of a Local Alcohol Plan (Pages 4)
The Act is not intended “to control the sale and supply of alcohol for the benefit of the community
as a whole”. The Object of the Act is quite clear and it places two tests on the local regulators of
alcohol supply: firstly, to ensure that alcohol is sold and supplied in a safe and responsible manner;
and secondly to ensure that the harm arising in individuals and in communities as a consequence of
the consumption of alcohol is minimised. There is no provision in the legislation to modify either of
these requirements because of other factors which a local community, or sections within a
community, might consider important.
6
Southern District Health Board, July 2013,http://www.southerndhb.govt.nz/files/2013071693920-1373924360-0.pdf
pg. 4
Recommendations  That in this section the exact wording of the Object of the Act is reproduced in full.
 That this section includes a description of what a LAP can address as described in Section
77 of the SASA Act 2012.
The Effect of a Local Alcohol Policy (Pages 4)
The Act sets out ‘maximum’ default trading hours. These are not a target, neither are they to be
seen as setting a ‘safe’ limit. They are merely the maximum permitted trading hours.
Recommendations  Southern DHB recommends that consistency across the Southland Districts is essential;
that licenced hours should be reflective of trading hours of premises and that recent
changes to earlier closing times have shown both a reduction in harm and also workload of
emergency agencies.
SECTION 3 OBJECTIVES
The Object of the Act should be prominent and introduce this section. This would create the context
for the overarching issues identified for Southland.
OVER-ARCHING ISSUES (Page 6)
Issue one accurately describes the over-arching issues but should be bolder and conclude with a
statement such as “therefore tighter regulation is required”.
Issue two sets the scene for tighter regulation of off-licence sales and that reducing availability and
accessibility are essential to tackle this element of harm. However, this line of argument does not
justify a ‘no’ or ‘minimal change required’ approach to on-licensed premises. Furthermore, we
question how ‘on-licensed premises’ are defined in this statement. Currently it is not clear whether
special licences are included in this definition and we recommend their inclusion.
Recommendations  The subheading “Over-Arching Issues” should be deleted. The section should explain the
Object of the Act before listing the over-arching issues of the region.
 Issue 1 needs to be expanded to include “... Southland Region and therefore tighter
regulation is required.”
 The Southern DHB recommends that premises covered by special licenses are included in
the definition of licensed premises.
OBJECTIVE 1 (Pages 6-7)
Southern DHB is supportive of objective 1. We are unclear about the purpose of sharing police
phone call volumes in the background section. This is reflective of police workload and not the
impact or consequences of incidents which led to these phone calls. It is disappointing to find no
statement of the health related harms, illness or injury associated with alcohol within this section
and we recommend that the background is expanded to include this information. Much of this
evidence was provided by Southern DHB to councils in advance of preparing this draft LAP. It is
important to highlight that such evidence of harm is not differentiated by licence type and that
exposure rate is indicative of individual behaviour. We know that beyond four standard drinks, the
risk of harms for an individual rises exponentially. These harms associated with binge drinking arise
in a number of ways: for example, injury through stepping in front of moving traffic, likelihood of
being injured through violence, the increase in prevalence rates for sexually transmitted infections
and unplanned pregnancies. Such increases in ‘acute harms’ sit together with the known increased
pg. 5
59
health risks which occur at lower levels of consumption such as the increased risk of breast cancer
and cardiovascular disease.
There is growing medical consensus that those under 18 years of age shouldn’t be drinking at all due
to the impact of alcohol on the growing brain and despite current legislation permitting supply under
parental control.
Recommendations  Southern DHB recommends that the background is expanded to include the consequences
of the alcohol related phone calls received to make this information meaningful.
 We also recommend that health related evidence is included.
Southern DHB is not supportive of the explanation of this statement as it implies that all licensed
premises are safe. Instead we recommend through this policy a higher standard of operations across
the licensed trade. There is also a limitation to the effectiveness of the promotion of licensed
premises as the drinking venue of choice without also seeking to reduce availability of alcohol in offlicences. Otherwise the overall effect is likely to be an increase in overall consumption.
The LAP should be supportive of improved host responsibility in both regulated and unregulated
settings. It can use off-licences as a vehicle to change drinking behaviours. For example, through
restricting the volume of alcohol permitted at individual sales by off-licences (similar to food
specials advertised by supermarkets) or by requiring off-licences to supply in ways that support the
development of host responsibility. For example, the off-licence providing guidance to ensure
appropriate host responsibility standards are in place and followed for alcohol purchased for a
wedding. In addition an LAP can be used to promote improved standards of training of staff
involved in the sale and supply of alcohol as there is a significant level of skill, knowledge and
professionalism associated with the safe and responsible supply of alcohol.
The Act doesn’t stop New Zealanders from enjoying alcohol in moderation but should challenge the
current view of alcohol use, in recognition of the ill effects of hazardous drinking habits in the south
of New Zealand.
The implications described on page seven are highly industry focused and do not encourage safe
drinking environments but merely encourage the issue of more licences. There is also no reference
to the monitoring commitment of councils around all these licences, including specials. Councils
should be explicit in describing what monitoring occurs, frequency and preferably with a partnership
approach.
Recommendations  Southern DHB does not support the explanation of this statement and recommends that it
is modified. It misleads readers to believe that licenced premises are universally ‘safe’.
 Councils are recommended explicitly to describe the proposed extent of council monitoring
of all licences and commit that this activity is undertaken as a partnership.
Enhancing the host responsibility around alcohol sales is to be encouraged and Southern DHB is
supportive of greater restraint on the supply of alcohol to minors.
Clarity is sought around how the reduction of the price differential for alcohol beverages between
on and off-licensed premises will be encouraged. Reducing the price of alcohol purchased from on-
pg. 6
licences is contrary to the Act as it will increase consumption and therefore increase alcohol related
harm. There is already an accepted evidence base which demonstrates the link between price,
consumption and harm.
Restrictions on proposed advertisements should be extended to include the restrictions of sales at
off-licences.
As outlined in Objective 2 above, Southern DHB supports that mandatory limits of alcohol sales
should be adopted. Where bulk purchases are requested, both the seller and purchaser must be
committed to their social responsibility of ensuring that appropriate host responsibility standards
are being enforced. For example, for a large private function hosted in an out-of-town unlicensed
venue there should be a check-list covering the responsibilities of both seller and buyers prior to the
sale being made.
We commend the councils for identifying there is a greater need to monitor current licence holders
and to assist with enabling this to occur; we recommend that licence costs should increase to cover
necessary monitoring. To ensure minimal disruptions for licence holders, appropriately trained staff
must be present and recommendations have been made under Policy D, discretionary conditions.
Recommendations  Southern DHB is supportive of encouraging greater restraint on the supply of alcohol to
minors.
 Clarity is sought around the how the reduction of the price differential for alcohol
beverages between on and off-licensed premises will be encouraged.
 Restrictions on proposed advertisements should be extended to include the restrictions of
sales at off-licences.
 We recommend that licence costs should increase to cover necessary monitoring.
OBJECTIVE 4 (Page 9)
This section should state how a local Accord would support the Object of the Act in the absence of a
LAP.
The Southern DHB supports the Southland Districts acknowledgement of the importance of working
with stakeholders to minimise harm caused by excessive or inappropriate alcohol consumption but
suggests that the best mechanism for doing this is a LAP. Where a LAP has not been developed an
Accord would be a possible way to address such matters although the extent of community
involvement in developing an Accord is questionable.
pg. 7
61
Recommendations  Southern DHB recommends that where a LAP exists, this is the appropriate forum to
address alcohol related licensing issues.
 In the absence of an LAP, Accords should be encouraged.
SECTION 3 POLICIES
Southern DHB endorses the principles of restricting the availability of alcohol through the five policy
areas identified: density, sensitive premises, trading hours, discretionary conditions and one-way
door policies.
A. DENSITY (Pages 10-11)
One of the original drivers for LAPs was the proliferation of off-licences in certain areas where the
community is particularly vulnerable to alcohol-related harm. We note that consultation feedback
reported that “most groups did not want more off-licences”. Given this, we were surprised to read
the statement around the proliferation of off-licences “has not occurred in the Southland region” as
this appears to contradicts community beliefs.
We commend the councils for requiring a community impact statement to accompany any
application for a new off-licence as this does attempt to address community concerns. However we
also recommend that this approach should be expanded to include any new on- or club licences
together with any variations to existing licensed premises and renewals. This will ensure community
concerns are regularly reviewed; furthermore the evidence captured in our report7 identifies that
the current level of drinking is a problem and that alcohol is currently perceived to be too accessible.
We recommend that the number of other licenced premises within the local community be recorded
as part of the community impact statement.
Recommendations  We support the requirement of a community impact statement to accompany new offlicence applications.
 We recommend that community impact statements should accompany any new on- or
club licences as well.
 Community impact statements should include reference to the number of other existing
licensed premises within the neighbourhood or community.
B. SENSITIVE PREMISES (Pages 11-12)
The purpose of this section is to put in place requirements to restrict the opening and or operations
of licensed premises which are close to sensitive sites or locations. This may, for example, include
ensuring that these licensed premises are not prominently visible from any sensitive locations
offering services and activities to vulnerable groups in society. These groups may include children,
youth, people with mental health issues, education institutions and any healthcare premises that
looks after vulnerable people.
The LAP proposes that applicants have only to consult with the operators of sensitive locations
where they are within 50 meters of licenced premises.
We recommend the establishment of a minimum distance of 200 metres between any licensed
premises and a sensitive location. This would reduce the visibility of a licensed premises to people
using sensitive sites, thus decreasing inadvertent exposure and reducing the normalisation of alcohol
7
Southern District Health Board,The Impact of Alcohol on the Health of Southern communities, July
2013.http://www.southerndhb.govt.nz/files/2013071693920-1373924360-0.pdf
pg. 8
product sales (and therefore use) in vulnerable populations. Furthermore we would advocate that
the issuing of special licences to such sensitive sites (i.e. schools or childcare centres) would be
inappropriate.
Recommendations  We do not support the proposed policy B1 entitled sensitive premises.
 We recommend that the distance between a licensed premises and a sensitive location
should be at a minimum of 200 metres.
 We do not support the issuing of special licenses for functions held on sensitive locations
(i.e. schools or childcare centres).
C. TRADING HOURS (Pages 12-15)
Southern DHB alongside the other South Island DHBs adopted a position statement on alcohol in
2012.
There is a wealth of good quality research evidence8,9,10 supporting the link between hours of
opening (availability) and levels of consumption at community level. This evidence7,8 has been
accepted by the New Zealand Appeal Court in relation to licensing decisions. It follows from this that
earlier closing times will be associated with reduced consumption and a reduction in consequent
harm. Data provided by the ILT shows that less than five percent of sales occur outside of the hours
of 9am to 9pm. Although the document does not state five percent of which sales, we understand
that this is reflective of off-licence sales. However, this statistic provides no indication of the
numbers of individuals represented by these sales, or whether this is referring to the number of
individual transactions or the volume of alcohol sold. It is very likely that these sales are
concentrated amongst a small proportion of the population, so that the resulting harm from these
sales is actually higher than the five percent figure seems to suggest.
Across all licence types we feel that consistency of approach across the Southern South Island is
important and our responses below reflect this stance.
1. On-licences (including class 2 & 3 restaurants; Pages 13-14)
Southern DHB recommends that all on-licences should be captured in the one section rather than
differentiating Class 2 and 3 restaurant licences separately. Our comments below reflect this stance.
The Southland districts are proposing that 8am be the earliest opening time for on-licences.
However we are aware of a number of premises who hold licences to sell alcohol from 8am
onwards, although they choose not to open at this time. We feel that it is important that licensed
hours reflect normal hours of trading as this is the only way that local authorities can monitor the
availability of alcohol to communities. In the absence of this direct link between licensed hours and
trading hours the debate over opening hours becomes invalid.
We commend the councils for acknowledging work previously undertaken by the Accord and the
subsequent positive consequences associated with earlier closing times. We therefore believe that
bringing forward the closing time from 3am to 2am would result in further benefits.
8
Babor, T., Caetano, R., Casswell, S., Edwards, G, Giesbrecht, N., Graham, K., Grube, J. et al. 2010.Alcohol: no ordinary
nd
commodity. Research and public policy. 2 ed. New York: Oxford University Press.
9
Chikritzhs, T. and Stockwell, T. 2002. The impact of later trading hours for Australian public houses (Hotels) on levels of
violence. Journal of Studies on Alcohol 63(5): 591-599.
10
Duailibi S et al. 2007. The effect of restricting opening hours on alcohol-related violence. American Journal of Public
Health 97(12): 2276-2280.
pg. 9
63
We support the proposed 1am closing time for bars, taverns, hotels, entertainment venues and class
1 restaurants outside of the Invercargill CDB.
We note that many other local authorities provide different maximum trading hours for restaurants
and cafes, than for taverns, pubs and hotels. This reduces the risk of businesses whose main
purpose is to provide meals from turning into tavern-style environments later in the evening. We
recommend reducing the proposed closing time of 1am for class 2 and 3 restaurants to midnight.
The LAP does not require reference to hotel accommodation guests as this is provided for in the Act
therefore this section should be deleted.
We would also like to highlight that late night entertainment (reason 3) does not always require the
focus to be on alcohol sales and that a concerted effort to host and promote other entertainment
options will assist with curtailing undesirable behaviour.
Recommendations  The commencement of licensed hours for all on-licences should be linked to their actual
trading hours and not to the proposed 8am start.
 The closing time for on-licences in Invercargill CBD, Gore District and Southland District be
reduced from 3am to 2am (outside areas 10pm).
 We support the proposed closing time for bars, taverns, hotels, entertainment venues and
class 1 restaurants outside of the Invercargill CDB to be 1am the following day.
 The closing time for class 2 and 3 restaurants/cafes should be reduced from 1am closing to
midnight.
3. Off-licences
We note that Southland District Council is proposing the maximum trading hours for off-licence
premises based on the default maximum trading hours outlined in the SASA Act 2012 and that all
three councils proposed an opening time of 7am. We do not agree that off-licences should start
selling alcohol at 7am in the morning and we believe that changing the time to 9am would
strengthen the message that alcohol is not just an ordinary commodity, like any other grocery
product.
We congratulate the Gore District and Invercargill City Councils for proposing a 10pm closing time.
We believe there should not be any differences in closing times across neighbouring boundaries as
there is an increased risk of late-night migration to purchase alcohol “across the border”. Regarding
the later proposed closing times by the Southland District Council, we disagree with reason 2 (p14)
as the statement “the risks associated with later closing times do not outweigh the benefit of
providing a service where there is a demand” contradicts the policy’s earlier statement (p10), which
describes vocalised concerns during consultation around “the availability of ‘cheap’ alcohol via
supermarkets is having an impact on rural communities”.
We are aware that almost all other councils who have produced LAPs have nominated 9pm or 10pm
as the closing time for off-licences. The South Canterbury Councils (Timaru, Waimate, McKenzie)
originally proposed 11pm but after public submissions the Councils reduced this back to 9pm. We
believe that 10pm is appropriate for off-licence closing time.
The purpose of the current legislation is to minimise the harm caused by excessive consumption of
alcohol, and the restriction of opening hours is an evidenced-based approach to achieve this
objective. The matching of supply with demand runs counter to the Object of the Act and could be
considered to be illegal.
pg. 10
Recommendations  That the opening hour for off-licences be set at 9am.
 The Southern DHB recommends that the closing time for off-licences should be aligned
across the three districts and recommend these be set at 10pm.
4. Club-licences
Serving liquor is not the primary purpose of a club and therefore, trading hours similar to that of
ordinary licenced premises should not be required. We believe club-licences should start no earlier
than 10am. We note that some other councils have differentiated between week nights and
weekends with regard to closing times for club licences. A typical approach is 10pm closing on week
nights and midnight closing for Friday and Saturday nights. We believe that this is a sensible
approach for clubs, some of which may be located in residential areas. We suggest that club licences
should be restricted to earlier closing times than currently proposed. The only exception would be
clubs that are licensed for a late opening licence, commencing at the conclusion of usual activity, at
10pm. Should such a club-licensed be granted, the latest closing time would be 1am.
The rationale described in note 1 is found to be confusing and irrelevant, therefore is recommended
to be removed.
Recommendations  That the opening hour for club-licences be set at 10am.
 The Southern DHB recommends that premises with club licences close at 10pm on nights
other than Friday and Saturday, and midnight on Friday and Saturday nights. The
exception being any licence granted for a late licence which commences at the conclusion
of the club’s usual activity with closing being no later than 1am.
 Delete note 1.
4. Special licences
We note that special licences have no restrictions recommended. Southern DHB recommends that
special licences close at the same time as on-licences and that this time should be 2am.
Recommendations –
 The Southern DHB recommends that the maximum closing time for special licences be
2am, in keeping with our proposed maximum closing time for on-licences.
Notes
With respect to note 1, we request that trading hours conclude for all licenses (including specials) at
midnight on the 24th April, Good Friday, Easter Sunday and Christmas Day. Licensed premises may
recommence at 1pm on ANZAC day.
We recommend that note 2 is deleted because we consider it to be factually incorrect but are
supportive of note 3.
Recommendations –
 The Southern DHB recommends that the closing time for all licences be midnight in
accordance to Sections 47 and 48 of the Act.
 Note 2 should be deleted.
pg. 11
65
D. DISCRETIONARY CONDITIONS (Pages 15-17)
The Southern DHB believes that the intention of including discretionary conditions in LAPs was for
councils to identify particular conditions that they want to make compulsory in certain situations (or
for all licences) that is in addition to what the Act specifies. The five key areas identified are
supported by Southern DHB however we believe that the presentation of content would benefit
from several modifications.
Under the “Premise layout and design” subheading, we recommend not specifying listed
requirements. This should be replaced with a generic statement which requires CPTED (Crime
Prevention through Environmental Design) principles to be followed for all new or modified
premises applications. The implementation of CPTED principles during the design of such premises
will reduce the risk of aggression in a venue and improve the ability of staff to monitor patrons.
With regards to “Staffing”, we are supportive of the given content however we also recommend that
it is stipulated that for all club and special licences, a duty manager is required on site. This is
particularly important during busy periods for club premises and for all special licences unless the
event is very small and low risk. This rationale is proposed because a duty manager has the
appropriate training to recognise and limit excessive or harmful consumption of alcohol.
The subsection describing “Host responsibility” is covered by the Act therefore outlining a list of
possible conditions is unnecessary. The District Licensing Committee has the ability to require
applicants to fulfil any discretionary conditions they consider appropriate.
We recommend that for events which expect more than 200 people to be present that an
Alcohol/Event Management Plan must be prepared by applicants for these large-scale events. We
acknowledge that this is required by the Councils at present but this requirement needs to be
stipulated in the LAP. For these events we recommend that these plans include the provision of at
least one alcohol free zone, where families and children can participate in the event without being
exposed to alcohol induced behaviour.
Southern DHB wishes to bring the Southland districts attention to several other areas where
conditions could be imposed to reduce the risk of alcohol-related harm




Undiluted spirits (shots) can cause rapid intoxication. When sold close to closing time, the
effects are most likely to occur in uncontrolled environments outside of licensed premises.
For large scale events, restriction of number of serves per sale would enable better alcohol
management and assist staff prevent intoxication.
There is risk of patrons who have been removed from one premises gaining entry to another
nearby premises. We acknowledge the existing IBAN (Invercargill Bar Alert Network) and
believe that this should be expanded to other areas in the districts.
Due to the rural location of many licensed premises particularly in the Southland and Gore
Districts and the lack of public transport, we believe it would be appropriate for licensees to
be required to provide substantial support for sober drivers.
pg. 12
Recommendations –
The Southern DHB recommends the current content of this section is replaced by the following
compulsory conditions.
 Licensees are required to consult with Police in the early stages of premises design, to
enable appropriate CPTED principles to be considered and adopted.
 A duty manager to be present at all times a club is selling alcohol.
 A qualified duty manager to be required for all special licences, unless the event is very
small and low risk.
 An Alcohol Management Plan to be required with all applications for special licences
involving over 200 people which includes the provision of at least one alcohol free zone.
 Premises cease the sale of undiluted spirits 30 minutes prior to closing or midnight,
whichever occurs first.
 For large scale events, restriction of number of serves per sale (preferably 2) is
recommended.
 The IBAN concept is expanded into areas.
 Substantial support for sober drivers, such as free or reduced price non-alcoholic drinks,
meals and/or nibbles.
E. ONE WAY DOOR (Pages 17-19)
We cautiously support the trialling of the proposed pilot, however, we recommend that a uniform
approach is taken (i.e. twelve months also for Te Anau). This minimises confusion across boundaries
and will also improve the quality of the evaluation. We recommend a one-way door policy from
1am or an hour prior to closing (whichever occurs first) for all on-licence and club licences.
Should a trial go ahead, we would expect it to be designed in such a way that it can capture the true
effect of harm minimisation so that the findings are reflective of the intent of the Act. This includes
measuring the full range of harms described in the object of the Act (section 4). The methods used
must be robust enough to accurately measure these. We note that the citation within the draft
policy casting doubt on the effectiveness of one-way door policies is a Hospitality Association of NZ
document. Southern DHB would expect to be a partner in setting up and evaluating the pilot given
our expertise in measuring illness, injury and disease.
Recommendations  That a one-way door policy from 1am or 1 hour prior to closing, whichever is earliest, is
piloted.
 That standardisation of the pilot be adopted for a twelve month period for all proposed
locations.
 Southern DHB assist in setting up and evaluating the pilots.
SECTION 4 RELATED MATTERS (Pages 20-21)
We are supportive of the content of this section.
pg. 13
67
SUMMARY
We commend the three Southland Councils for developing a draft LAP but have raised numerous
issues in relation to this draft. In particular, this draft LAP fails to present relevant background
information, contains some unnecessary information and does not build on the purpose of the new
legislation which is to minimise or reduce alcohol-related harm.
Because reducing alcohol-related harm is not robustly presented as the driver for the policy, there is
an inference that the Councils find the current level of harm acceptable. We once again point the
Councils to our report “The Impact of Alcohol on Southern Communities” and the report from the
Police - both of which identify significant alcohol-related harm.
We urge the writers of the combined policy to be mindful of the fact that none of Southern DHB’s
recommendations regarding liquor licensing will penalise or inconvenience responsible drinkers but
they will help to reduce the significant alcohol-related harm that currently characterises our society.
As one of the Councils’ key partners for this piece of legislation, we are very willing to assist Councils
with further development of the policy.
We do wish to be heard in order to present the content of this submission in person.
Yours sincerely,
Dr Derek Bell, Dr Keith Reid and Dr Marion Poore
Medical Officers of Health for Southern DHB
pg. 14
157
SUBMISSION TO THE INVERCARGILL, GORE AND SOUTHLAND
DISTRICT COUNCILS
ON THE INVERCARGILL, GORE, AND SOUTHLAND DISTRICTS
DRAFT LOCAL ALCOHOL POLICY
24 MARCH 2014
By email:
[email protected]
[email protected]
[email protected]
From:
Progressive Enterprises Limited
Private Bag 93306
Otahuhu
Auckland 2024
Contact Person:
Phone:
Email:
Kate Porter
(09) 275 2575
[email protected]
Kate Porter
National Communications and Public Affairs Manager
Progressive Enterprises Limited
Progressive Enterprises wishes to appear before the Invercargill City Council, Gore District
Council and Southland District Council ("Councils") to present this submission.
69
1.
INTRODUCTION
1.1
Progressive Enterprises is one of New Zealand's leading supermarket operators and currently
operates 168 Countdown supermarkets across New Zealand. It is also the franchisor of the
SuperValue and FreshChoice brands in New Zealand, which represents a further 56 stores,
independently operated by local franchisees. Some of the SuperValue and FreshChoice stores
are small supermarkets and are categorised under the Sale and Supply of Alcohol Act 2012
("the Act") as grocery stores. We include them when we refer to supermarkets in this
submission.
1.2
We are a significant retail investor and employer in the area, and an active part of the
community we work and live in. In Invercargill and Gore, we operate three Countdown
supermarkets and one SuperValue grocery store, which are:
1.3
(a)
Countdown Invercargill which usually trades between 8am and midnight;
(b)
Countdown Waikiwi, which usually trades between 8am and 10pm;
(c)
SuperValue Plaza Invercargill, which usually trades between 7am – 7pm1; and
(d)
Countdown Gore, which usually trades between 8am and 9pm.
Because our supermarkets in Invercargill and Gore are located within a Licensing Trust Area,
none of these supermarkets sell beer and wine.
1.4
In Southland, we own two SuperValue grocery stores and one FreshChoice grocery store which
are:
(a)
SuperValue Otautau, which usually trades between 8am and 7pm, and has flexibility in its
off-licence hours to sell beer and wine between 7am and 10pm;
(b)
SuperValue Riverton, which usually trades between 7.30am and 7pm, but has flexibility in
its off-licence hours to sell beer and wine between 7am and 8pm; and
(c)
FreshChoice Te Anau, which usually trades between 7am and 9pm, and prior to the Act
coming into effect, had flexibility in its off-licence hours to sell beer and wine between
7am and midnight (these licensed hours are now reduced to 7am-11pm in accordance
with the law).
2.
REDUCING ALCOHOL RELATED HARM
2.1
We understand and agree that alcohol consumption has the potential to cause serious harm2
particularly if it is consumed excessively or inappropriately. Reducing alcohol-related harm
caused by the excessive and inappropriate consumption of alcohol needs action from all parts of
the community. As a retailer, we have a role to play as do other off-licensees, on-licensees,
regulatory agencies and consumers. We are committed to ensuring that any of our stores
selling beer and wine do so in a safe and responsible manner. Please see Appendix 1 and 1A
for a description of our commitments as a responsible operator. We support efficient, effective
and reasonable initiatives that minimise alcohol-related harm.
1
2
Except on Sundays, when the grocery store is open between 8am and 6pm.
Law Commission Report, Alcohol in Our Lives at chapter 2.
BF\50525027\5
Page 2
2.2
By law, supermarkets sell beer and wine only. We appreciate that a licence to do so is not a
right, but a privilege, and we work hard to maintain that privilege. With 2.5 million customers
across the country each week, Progressive Enterprises is nationally recognised as a good
operator within the licensing industry. Our ID 25 policies are over and above that required by
the law and through our business practices, we strive to achieve best practice in the way that
we promote and sell beer and wine.
3.
SALES INFORMATION
3.1
To assist the Councils in their decision-making process we provide some information below
about sales in an average Countdown store:
(a)
We are a business that primarily sells fresh food and other groceries. This applies to all
age groups across all hours of the day. More specifically:
(i)
On any day 18% of our customers purchase beer or wine, so 82% of customer
purchases do not contain beer or wine.
(ii)
16% of customers buy beer and wine at the same time as they purchase a selection
of general groceries.
(iii)
1.7% of purchases in our supermarkets contain beer or wine only.
(iv)
This has shown a consistent downward trend from 2009 when it was 2%.
(v)
0.3% of purchases in our supermarkets contain wine or beer and/or snacks or
confectionary.
(vi)
In our supermarkets, young adults consistently have a lower share of those
purchases which include beer or wine than for our customers overall, across the
week. On average, nine out of ten 18 to 25 year old customers purchase no wine
and beer when they visit our stores.
(b)
In summary, our supermarkets are places where a diverse range of New Zealanders buy
their food, and their beer and wine. From the very robust sales data available to us, we
can confirm that the vast majority of New Zealanders do not use our supermarkets as a
shop to buy beer and wine only.
4.
BACKGROUND TO THE OBJECTIVES OF THE LOCAL ALCOHOL POLICY
4.1
We are unclear about some of the comments made in support of the objectives chosen. For
example, the background to Objective One, states that the Police are concerned that the
availability of “cheap” alcohol via supermarkets is having an impact on rural communities. Our
supermarkets in Invercargill and Gore cannot legally sell alcohol so we are unsure of the basis
for that conclusion and whether there are any particular alcohol-related harm statistics in
Southland that may relate to this statement.
4.2
We do not agree that it is appropriate to favour on-licences over off-licences; doing so is outside
the proper purpose and scope of the Act.
BF\50525027\5
Page 3
71
5.
COMMUNITY IMPACT STATEMENTS
5.1
Progressive Enterprises is committed to ensuring that those of our stores which sell and supply
beer and wine do so in a safe and responsible manner.
5.2
It is unclear however as to what a community impact statement will need to contain, and how
the Councils intend to use these statements to determine licensing applications. Although the
Councils have provided some guidance as to what the statement should include, much of these
criteria would be difficult and/or impossible to obtain without significant time and expense being
incurred.
5.3
The policy which requires a community impact statement to accompany any application for an
off-licence within the Invercargill, Gore and Southland Districts (Policy A1) should, if it is to
apply to supermarkets and grocery stores, be more clear about:
(a)
How it applies to “new” licences where a premises is being transferred from one licensee
to another;
(b)
How it applies when a licensee is seeking a variation of their licence. For example, is it
necessary if a grocery store or supermarket seeks to change the location of their single
alcohol area?
(c)
What level / standard of information is required under each of the headings and how is it
supposed to be obtained?
(d)
How is the information going to be used to assist decision-making (i.e. what kind of
information will suggest that a licence should be granted and what kind of information will
suggest that a licence should not be granted)?
5.4
Where possible, these matters should all have been addressed through the resource
consent process.
6.
RECOMMENDATIONS
6.1
Progressive Enterprises seeks the following changes to the Draft LAP provisions:
(a)
The requirement for a community impact assessment should be revised in light of this
submission to be more clear as to what it contains. It may not be necessary for
supermarkets and grocery stores, or may not be necessary for renewals.
(b)
The objectives of the Draft LAP should not favour on-licences over off-licences and may
need to be reconsidered if they conflict with section 77 of the Act.
6.2
Progressive Enterprises supports the following Draft LAP provisions:
(a)
The policy which requires evidence of consultation with owners and occupiers of nearby
sensitive premises to accompany any application for an on-licence or club licence, to the
extent that it relates to supermarkets and grocery stores (Policy B1);
(b)
The licensed hours for off-licences to the extent they relate to supermarkets and grocery
stores (Policy C1);
(c)
BF\50525027\5
The discretionary conditions (Policy D1).
Page 4
APPENDIX 1: PROGRESSIVE ENTERPRISES AS A RESPONSIBLE OPERATOR
1.
Progressive Enterprises has a Liquor Policy (attached as Appendix 1A) and we also have instore communications which address the sale of beer and wine in our supermarkets.
2.
Our policy makes it clear that intoxicated persons are not permitted to enter or remain on the
premises. Observing customers tends to be easier in a supermarket environment owing to the
fact that it is brightly lit and there is individual interaction at the check-out. This is supported
by the extremely small number of off-licence breaches which occur in our supermarkets across
New Zealand, despite serving 2.5 million customers every week. Our supermarkets already
have extensive CCTV coverage.
3.
The supermarket store experience itself promotes the availability of food and non-alcoholic
beverages. Under the new Act, supermarkets are not able to display non-alcoholic beverages
within the "single area" for beer and wine.
4.
In our stores specifically, every sale of beer or wine must be approved by a supervisor, no
matter whether the customer is 18 or 80. We have an ID 25 policy which is above and beyond
the legal requirement around identification, as well as a policy to request identification where a
member of the group looks under 25 and our staff reasonably believes that there is a possibility
that beer or wine may be being purchased for this person. We believe most customers are now
very aware of what constitutes appropriate ID. Store supervisors will ask for drivers licence,
passport or the HANZ card, and no other form of ID is acceptable.
5.
It is our company policy not to sell beer or wine that specifically markets to and promotes the
consumption of alcohol by young people. We also have a policy of not selling beer or wine
below cost.
6.
The Act represents the most significant tightening of alcohol licensing within the last 50 years
(or more), as there are a number of additional restrictions imposed on licensees under the Act.
Supermarkets are specifically targeted by a number of these restrictions:
(a)
Supermarkets are the only off-licences that commonly have licence hours outside of 7am
to 11pm. Therefore the Act's national default hours affect supermarket licensed hours
more than any other type of off-licensee;
(b)
Off-licences are more involved in media advertising than on-licences. From midDecember all off-licences will have significant constraints in how they market beer or wine
and advertise discounts. These constraints will not impact on-licences to the same
extent;
(c)
Supermarkets will also have to limit the location and advertising of beer and wine within
their supermarket to a single area, reducing the exposure of customers to beer and wine;
and
(d)
The Government is addressing pricing on a national basis and is reviewing whether
minimum pricing be introduced.
7.
Any present discussion of "status quo" must therefore acknowledge that these constraints are
not yet in fully in place.
BF\50525027\5
Page 5
73
APPENDIX 1A
BF\50525027\5
Page 6
BF\50525027\5
Page 7
75
BF\50525027\5
Page 8
agree with, answer the
the
175
to
submit to
City Council, Gore District Council and Southland District
Local Alcohol Policy that: (please tick if you agree with the
statements)
I enjoy sociallsing Southland. I believe
not fair to
the
Southland
from a responsibly run hospitality industry, that caters for everyone
streets and those who drink the streets breaking the liquor
should have the opportunity to trade
I think that bars, taverns and restaurants outside of the
same hours as in the Inner city/towns.
lam and I could not get into the bar my friends were In, I am worried I would be left outside on my
own.
in the
think all bars; taverns
lam
should be able to trade to (please circle one):
I think all
lam
4am
3am
2am
the District should be able to trade to
circle one):
3am
2am
I think all bottle stores/off licenses in the District
be able to trade to (please circle one):
one
or
NO
or
NO
YES or
NO
I would
to
to my
You must complete
details otherwise Council will not
this submission.
Name
Daytime
Email
Address
Signature
Please use the
of this
for
about the Draft Local
77
tick the
you agree with,
215
questions and return this
I submit to Invercargill City Council, Gore District Council and Southland District Council
Local Alcohol Policy that: (please tick you agree with the following statements)
the
the majority o f people who go out
I enjoy
Southland. I believe it not fair to
Southland benefits from a responsibly run hospitality Industry, that caters for everyone
the
streets and those who drink in the streets breaking the liquor bans.
I think that bars, taverns and restaurants outside of the CBD should have
opportunity to trade
One way door policies do not work and cause more problems than they solve. all the doors close at
lam and I could not get into the bar my friends were in, I am worried I would be left outside on my
own.
I think all
taverns and hotels in the District should be able to trade to (please circle one):
I
lam
I
2am
3am
I think all restaurants In the
lam
should be able t o trade to (please circle one):
2am
Please
I normally have a
before I visit licensed premises
the bars shut earlier I will party somewhere else
I would
to
YES
or
YES
or
one
V6
or NO
to my submission.
Please note you tick this box Council will contact you to give you an appointment to speak at the
You must
your
otherwise
this
Name
Daytime
Email
Address
Signature
Please use the back of this
for any
about the
Local
Policy
79
Draft Local Alcohol Policy for Southland
223
the questions and return
submit to
Local Alcohol Policy
the Draft
the following statements)
(please tick you agree
I enjoy
In Southland. I
not fair to
and behave well, because of a small minority who behave badly. There should be more
in
personal responsibility and not more
Southland benefits from a responsibly run hospitality industry, that caters for everyone
the
streets and those who drink the streets breaking the liquor
the
city/towns.
hours as In the
One way door policies do not work and cause more problems than they
I am worried I
be
outside on my
lam
one):
4am
I think all restaurants
the District should be able to trade to (please
lam
one):
3am
I think all bottle stores/off
in
District should be able to trade to (please
to
4am
or
NO
or
NO
or
NO
one):
to my
the
otherwise Council will not
this
Name
Ph
Email
Address
the
of this
for
about the Draft
Policy
81
246
INDEPENDENT LIQUOR (NZ) LTD
SUBMISSION ON THE
DRAFT INVERCARGILL/SOUTHLAND/GORE
DISTRICT COUNCIL
LOCAL ALCOHOL POLICY
(March 2014)
PO Box 10-200, Wellington 6143, New Zealand
Phone: 00 64 9 298 3000 Fax: 00 64 9 299 6699
83
Introduction
Independent Liquor NZ Ltd
Independent Liquor NZ Ltd is a multibrand liquor company with its headquarters in Papakura. It is the
number one player in Ready to Drink (RTD) beverages, number two in spirits and liquors combined and
number three in beer. With the recent acquisition of The Mill Liquorsave bottle store chain,
Independent Liquor employs over 500 staff across the country and is also a significant exporter.
Independent Liquor is part of Asahi Group Holdings Ltd.
Independent Liquor’s beverages are sold through a wide range of off licence premises throughout New
Zealand. As well, Independent Liquor’s beers are sold in supermarkets, bars and restaurants.
Issues
1.
Community Impact Statement
It is our view that the Act does not allow Councils to impose requirements on licence applicants above and
beyond what is already noted. A Community Impact Statement is not noted in the Act or its regulations and
we believe it sets another layer of unnecessary bureaucracy.
2.
Trading Hours
We support the proposed trading hours and wish to encourage the Councils to ensure that whatever
trading hours are defined in the final LAP, all off licences be treated equally.
Yours Sincerely
Mark Unsworth
Corporate Affairs Director
Independent Liquor (NZ) Ltd
PO Box 10-200
Wellington 6143
E: [email protected]
M: 021 359 258
Or
PO Box 10 200
Wellington 6143
E:[email protected]
DDI: 04 914 1755
Page 2 of 2
the questions
I submit to Invercargill City
Local Alcohol Policy that:
251
form to
Draft
and Southland District
Gore District
tick you agree with the following statements)
the majority of people
I enjoy
In Southland. I believe
out
not fair to
personal
Southland benefits from a responsibly run hospitality industry, that caters for everyone Including the
streets and those who drink the streets breaking the liquor bans.
the same hours as the Inner city/towns.
the doors close at
way door policies do not work and cause more problems than they
lam and I could not get into the bar my friends were
own.
lam
3am
2am
I think
4am
District should be able to trade to (please circle one):
3am
2am
I think all bottle stores/off licenses In the District
4am
to trade to (please circle one):
9pm
circle
I normally have a drink(s)
visit licensed premises
YES or
NO
YES o
NO
r NO
to speak to my
note if you tick this box Council will contact you to give you an appointment to speak at the
You must
otherwise Council
not
this
Name
Daytime Phoi
Email
Address
85
Please tick the
265
the questions and
with,
submit to
Draft
Southland. I believe it Is
fair to
I enjoy
V
the same hours as in the
lam and I could not get into the bar my friends were In, I am worried I would be left outside on my
own.
I think all bars; taverns and hotels in the District should be able to trade to (please circle one):
lam
3am
lam
3am
one
YES or
YES or
YES or
I would
NO
to speak to my
You must
your
otherwise Council will not acknowledge this submission.
Name
0
Email
Address
0
use the back of this page for any
comments about the
87
our
281
submit to Invercargill City Council, Gore District Council and Southland District
Policy that: (please tick you agree with the following statements)
Draft
I enjoy
Southland. I believe It Is not fair to penalise the majority of people who go out
personal responsibility and
more regulations.
Southland
Police should
a zero tolerance policy on troublemakers who cause the problems in the
streets and those who drink In the streets breaking the liquor bans.
the opportunity to trade
I think that bars, taverns and restaurants outside of the CBD should
the same hours as In the Inner city/towns.
lam and I could not get Into the bar my friends were
own.
I think all bars; taverns and hotels
lam
I think all restaurants In the District should be able to trade to (please circle
lam
3am
2am
I think all bottle stores/off licenses
YES or N
YES
if the bars shut earlier I will party somewhere else
NO
NO
to speak to my submission.
Please
verbal
If you tick this box Council will contact you to give you an appointment to speak at the
sessions.
Name
Email
Address
Please use the
of
page for
about the
Local
89
Please
the
285
the questions and return
you agree
I submit to Invercargill City Council, Gore District Council and Southland District Council with regards to the Draft
Local
Policy that:
you agree with the following statements)
enjoy
Southland. I believe it is not fair to
maintain a zero tolerance policy on troublemakers who cause the problems
and those who drink the streets breaking the liquor bans.
the
the
think that bars, taverns and restaurants outside of the CBD should have the opportunity to trade
the same hours as in the Inner city/towns.
door policies do
and I could not get
own.
the bar my friends were in, I am worried I would be
outside on my
lam
2am
3am
9pm
bars
ut earlier will party somewhere else
YES
NO
YES
NO
r
would like to speak to my submission.
Please note if you tick this box Council
You must complete your details
contact you to give you an appointment to speak at the
Council
not acknowledge this
Name
Phone
Email
Address
use
of
for
additional comments about the Draft Local
91
Please
the
you agree
answer
311
and return
City Council, Gore District Council and Southland District Council
I submit to
Local Alcohol Policy that: (please tick If you agree with the following statements)
regards to the Draft
the
of people who go out
in Southland. I believe Is not fair to
Southland
the
streets and those who drink In the streets breaking the liquor
city/towns.
hours as In the
lam and I could not get Into the bar my friends were In, I am worried I would be left outside on my
own.
I think all
I think all
the District should be able to trade to (please circle one):
lam
4am
3am
I think all bottle stores/off
trade to (please circle one):
In the District
12am
If the bars shut earlier
come out earlier
party somewhere else
Please
one
YES or
NO
or
NO
YES
r NO
submission.
Name
Email
Address
93
Draft Local Alcohol Policy for Southland − Have your sayl
tick
318
you
the Draft
I submit to Invercargill City Council, Gore District Council and Southland District
Local Alcohol Policy that:
tick
agree with the following statements)
I enjoy
in Southland. I believe Is not fair to penallse the majority of people who go out
Southland benefits from a responsibly run
that caters for everyone
the
Police should maintain a zero tolerance policy on troublemakers who cause the problems
the
work and cause more problems than they solve. if all the doors close at
lam and I could not get into
were
own.
I think all
in the District should be able to trade to (please
taverns
3am
3am
2am
I think
4am
should be able to trade to (please
bottle
one):
one):
4am
the District should be able to trade to (please circle
NO
YES or
YES or
to speak to my
Please note you tick this box
will contact you to give you an appointment to speak at the
otherwise
must
not
this
Name
Daytime Phone
Please use the
this
for any additional comments about
95
349
answer the
Please tick the statements you agree
the Draft
submit to Invercargill City Council, Gore District Council and
District
Southland. I believe It not fair to
I enjoy
n
I
and behave well, because of a small minority who behave badly. There should be more
Southland
from a responsibly run hospitality industry, that caters for everyone Including the
drink In the streets breaking the liquor bans.
streets and those
the same hours as the inner city/towns.
way door policies do not work and cause more problems than they solve. If all the doors close at
the bar my friends were in, I am worried I would be left
on my
I think all bottle
licenses
12am
If the
earlier I will party somewhere else
or
You
complete yourAetalls
Council will not acknowledge this submission.
Name
Email
Address
Signature
Please use the back of
for
comments about
97
Draft Local
tick the statements you
answer
379
your
to the Draft
City Council, Gore District Council and Southland
I submit to
Local Alcohol Policy that: (please tick if you agree with the following statements)
Southland. I believe
I enjoy
not fair to
Southland benefits from a responsibly
streets
including the
indust
should maintain a zero tolerance policy on troublemakers who cause the problems in the
those who drink In the streets breaking the liquor bans.
way door policies do not work and cause more problems than they solve. all the doors close at
and I could not get
I think all
taverns and hotels In the District should be able to trade to (please
lam
3am
2am
I
all restaurants
4am
one):
3am
2am
one):
the District
trade to (please
one):
12am
(Please
or
YES
or
YES
or
NO
NO
You must complete your details otherwise Council will not
submission.
Name
Phone number
Email
\
−
Address
99
use the back of this page for any additional comments about the Draft Local
Policy
Please
I
the
382
answer the questions and return
you
to
Alcohol Policy that: (please tick you agree with the following statements)
Draft
Southland. I believe it not fair to penalise the majority of people who go out
I enjoy
the
should maintain a zero tolerance policy on troublemakers who cause the problems in the
and those who drink In the streets breaking the liquor
city/towns.
own.
all
taverns and hotels
I
think all restaurants
lam
one):
I
I
2am
all bottle stores/off licenses
I
I
YES
YES or
NO
I would
to
to my submission.
note you tick this box Council will contact you to
Is
You must
to speak at the
ap
this submission.
Name
Email
I
101
the
this
for any
comments about the Draft Local
Local Alcohol Policy for Southland
401
the statements you agree with, answer the questions and return this
Please
the majority of
who go out
I enjoy
in Southland. I believe it not fair to
Southland
rural and
working sectors.
the
city/towns.
own.
I think all
lam
2am
3am
I think all bottle stores/off licenses in the District should be
to trade to (please
9pm
12am
one
I normally have a drink(s) before I
licensed premises
r NO
or
YES
NO
r NO
must
your details otherwise Council will not acknowledge this
Name
Daytime Phor
Email
Address
Signature
use the
of this page for any additional comments about the Draft Local Alcohol
103
418
REL0645
CBRE House | 112 Tuam St
Christchurch 8011
PO Box 2688
Christchurch 8140
New Zealand
Ph 03 963 0218
24 March 2014
Submission – Draft Local Alcohol Policy
Private Bag 90104
Invercargill 8740
To Whom It May Concern
Invercargill, Gore and Southland Draft Local Alcohol Policy
Thank you for providing the opportunity for the Health Promotion Agency (HPA) to comment on the
Invercargill, Gore and Southland Councils’ draft Local Alcohol Policy (LAP).
We wish to speak to this submission.
HPA has the statutory function of giving advice and making recommendations on the sale, supply,
consumption, misuse and harm from alcohol. Since 1 July 2012 HPA assumed the functions of the
former Alcohol Advisory Council of New Zealand and Health Sponsorship Council and some
functions of the Ministry of Health.
We congratulate Invercargill, Gore and Southland Councils on their commitment to develop a LAP.
The development of a LAP provides an opportunity for communities to become involved in how
alcohol is sold in their neighbourhoods. A joint LAP is an excellent way to ensure consistency
across the region.
The object of the Sale and Supply of Alcohol Act 2012 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. LAPs play an important role in meeting
these objectives and provide councils with a mechanism to reflect the needs of the community and
minimise the harm locally.
LAPs must not include policies on any matter not relating to licensing. As much as we support your
desire to promote alcohol accords to address issues relating to alcohol, we believe that they are a
389870v2
105
harm minimisation initiative rather than a tool for setting regulatory parameters in a policy
document. The legislation is clear that only a LAP can establish trading hours that supersede the
default position. We therefore suggest that objective 4 is removed.
We are supportive of the other objectives but question whether a LAP can do some of the things
contained in the sub-text. As an example Objective 3 (b) states that the following will be
encouraged “reduction of the price differential for alcoholic beverages between on- and off-licensed
premises”. We don’t think the LAP is the right place for this statement.
HPA encourages and supports territorial authorities to develop policies that are well consulted and
reflect local community views. We are pleased to see that the councils have worked closely with
alcohol licensing staff, the Medical Officer of Health, Police, Iwi, staff from Public Health South,
licensees, representatives of national alcohol retailing and other interested parties in the
development of the draft LAP. We believe that this wider engagement, if reflected in the policy, will
provide the councils with a policy that is more likely to reflect the desires of the community.
However, we could not find a reference to the actual submissions (referred to in the draft LAP) of
the Medical Officer of Health, inspectors and the Police. It would have been useful to have had this
information available to submitters. It would also have been useful for submitters to view any
background information on the overall health indicators of the district’s residents and the nature
and severity of the alcohol-related problems arising in the district.
HPA supports a reduction in trading hours for licensed premises. International research indicates
there is a relationship between the hours of sale of alcohol and alcohol-related harm, by showing
both an increase in harm when trading hours are increased and a decrease in harm when trading
hours are reduced.1 This means that limiting trading hours for the sale of alcohol is a key policy
lever for reducing alcohol-related harm.
We encourage territorial authorities to set trading hours that are appropriate for the community
and allow for community say through good engagement and consultation on the development of
the policy. We support the trading hours proposed for on-licences but were surprised to see later
trading hours for off-licences in the Southland District. Communities consistently raise concerns
around hours of opening and therefore we do not support Southland District Council’s view that
providing a service is more important than mitigating the risks associated with longer availability.
Therefore, we would suggest a consistent approach to off-licence trading hours of 10pm for all
three districts.
1
Alcohol in our Lives: Curbing the Harm. A report on the review of the regulatory framework for the sale and supply of liquor. Law
Commission. (Chapter 9)
389870v2
We also question whether it is necessary for clubs to trade from 8am to 3am. Although these
hours are within the default hours of the Act they are some of the more relaxed that we have
seen in the 26 draft LAPs that we have made submissions on. We think that 1am is more
appropriate and is more consistent with other areas. If on occasion a club would like to trade later
for an event special licences are available.
The LAP provides very little guidance to the DLC around the issuing of special licences. As we do
not support 24-hour-trading we think that special licences should not extend beyond the national
default trading hours of 8am to 4am. We also feel it would be useful to provide the DLC with
guidance on the limit of events that could be granted on a special licence. We suggest that for onlicensed premises, a series of events be limited to six, and for any other special licence there be a
limit of 12.
We were pleased to see that the community’s desires around density of premises were
considered. The Law Commission’s consultation found that outlet density is one of the most
pressing issues around the sale of alcohol for many communities. Studies have suggested an
association between the number of outlets and increased levels of alcohol consumption at a
neighbourhood level.2 We therefore support the requirement for off-licence applications to be
required to undertake a community impact statement. We suggest that the requirement to provide
“a record of the consultation undertaken” should be expanded to stipulate who should be
consulted eg all neighbours within a certain distance or owners and occupiers of nearby sensitive
premises.
The Law Commission’s consultation also found that the location of premises was something that
communities feel strongly about. LAPs are one of the main mechanisms for people to have a say
about how alcohol is sold in their communities so we were pleased to see that the councils have
included the requirement for applicants of on- and club licences to consult with owners and
occupiers of sensitive premises. This ensures that affected parties are aware of the proposal and
have the opportunity to voice their concerns.
We were pleased to see that the councils have considered the addition of discretionary conditions.
HPA believes that licence conditions can be an effective measure to assist councils to ensure that
the sale, supply and consumption of alcohol is undertaken safely and responsibly and that the
harm caused by the excessive or inappropriate consumption of alcohol is minimised as per the
objective of the Sale and Supply of Alcohol Act 2012. We suggest that C (ii) is removed as
enforcing licensed premises to provide free non alcoholic drinks to drivers is likely to be seen as
unreasonable given the Act already allows for free water to be available.
2
Alcohol in our Lives: Curbing the Harm. A report on the review of the regulatory framework for the sale and supply of liquor. Law
Commission
389870v2
107
We note the use of a trial one-way door by way of an accord for a 12 month period. Evidence on
one-way doors is limited, but it would appear that mandatory one-way doors are more successful
than discretionary or voluntary ones. We are therefore supportive of a trial one-way door if it is
going to be well evaluated.
Once again, thank you for the opportunity to comment on the Invercargill, Gore and Southland
Councils’ draft LAP. Please do not hesitate to contact Cathy Bruce, Principal Advisor Local
Government, e-mail [email protected], phone 03 963 0218 if you would like to discuss any parts
of this submission further.
Yours sincerely
Andrew Hearn
General Manager Policy, Research and Advice
389870v2
M
A
R
422
you agree with, answer the questions
the
your
to the Draft
and Southland
I submit to Invercargill City Council, Gore District
of people who go out
Southland. I believe It not fair to
the
I enjoy
Southland
rural and shift
from a responsibly run hospitality
sectors.
that caters for everyone
the
streets and those who drink In the streets breaking the liquor bans.
own.
I think all
taverns and hotels In the District should be able to trade to (please circle one):
I
lam
2am
Please circle one)
I would
YES
N
YES
YES
NO
this submission.
Name
Address
Signature
use the back of this
for any additional
109
24 M
A
R 2014
SCANNED
423
Submission on Combined Local Alcohol Policy
To:
GORE District I Invercargill City Southland District Council
From:
Invercargill Brewery Ltd
Date:
March 24, 2014
25. MAR 2014
Background
Invercargill Brewery manufactures craft beer and cider has been selling off−license liquor since 1999
without a single incident.
Our submission:
It's important that licensing should act in tandem with existing laws, the Resource
Management Act and District! City Plans deal with many of the issues raised in the LAP
which we do not believe should be duplicated here.
2.
Changes to the licensing law to reduce the number of off−licenses and restrict the
proliferation appear to have been driven by social problems in big cities where accessibility
is seen as causative problem in alcohol abuse.
3.
That Invercargill historically, and presently, lacks that level of accessibility, yet still has 50%
higher harm suggests restricting access to alcohol does nothing to reduce the social harm,
and may in fact exacerbate it.
Source: Public Health South, the Impact on the Health o f Southern Communities − a Report to
Inform the Development o f Local Alcohol Policies by Southern District Councils, 1 July 2013.
4.
History has shown in the face of strict licensing controls, law abiding people become
criminals.
The Hokonui Moonshine story is an excellent example of this in our own back yard.
That also serves as an illustration that laws which are out of step with their community
become expensive and almost impossible to police as avoidance becomes a social norm.
5.
It is unfair to compare pricing between on and off license premises as one delivers a product
and the other a service − it is akin to comparing pricing between a butcher and a restaurant
steakhouse.
Restaurants will always have higher prices because they have increased premise and staff
costs − and add value to the product by offering an environment and service.
1 P age
111
To:
From:
Date:
March 24, 2014
6.
The rise in off−license sales coincides with a drop in disposable income, with NZ scoring just
3.3 out of 10 on the World Wide Better Life Index released in 2013 − many people cannot
afford to socialise outside of their homes.
That report also commented on the considerable gap between rich and poor in New
Zealand, with the top 20% of the population earning five times as much as the bottom 20%.
This is doubtless has far more to do with changes in the way people socialise than off−license
pricing.
The police geographic map of hotspots in Invercargill suggests the majority of people who
are drinking in their homes are doing so responsibly.
Source: OCED Factbook 2013: National Income Per Capita
Source: Calls to Police (and Invercargill Offences Related to Alcohol) −Appendix 1 hots pot
maps
7.
The role of supermarkets as causative in off−license sales has not been established.
Supermarkets have been licensed to sell off−license wine since 1990 and beer since 1999.
They do not sell spirits or RTDS which are only sold through bottlestores.
From 1996 to 2013 the percentage volumes of beer, wine and spirits have
changed accordingly:
•
•
•
Beer decreased from 54% to 38%
Wine increased from 30% to 33%
Spirits (including spirit based RTD5) have increased from 16 to 29%.
Source: Statistics New Zealand, Alcohol Available f o r Consumption Year Ended
December 2013
8.
The provision of cheap alcohol is attributed in the draft LAP supermarkets. Analysis of retail
purchase prices suggests it is the bulk−buying power of the seller rather than their status as a
liquor store or supermarket that leads to retail pricing.
A single 330m1 bottle of Steinlager Classic at off−license retailed for:
Countdown Supermarket
$1.49
(24pk)
New World Supermarket
$1.83
(12pk)
Liquorland
$1.77
(18pk)
Superliquor
$1.66
(lSpk)
Source: Google Search of NZ Websites March 24, 2014
By comparison the value of WASP (Invercargill Brewery's NZ style lager) retails at $5.20 per 330m
bottle
2 1 Page
To:
From:
Date:
March 24, 2014
The following speak directly to the draft report:
Page 1: Paragraph 6. B: The statement alcohol is inexpensive reflects a subjective measure better
...
that: Alcohol is less expensive when bought from an off−license than an on−license
Paragraph 7: Information from the Southland police and Hospitals suggests the problem of Alcohol
Abuse in Southland is exactly 50% greater in the Southland Region as anywhere else.
Page 2: Paragraph 2: To describe our hospitality industries as vibrant is to overstate the point. The
hospitality industry nationally and locally has suffered greatly from a reduction in discretionary
spending.
Paragraph 4: There is no evidence that Trust areas have had a beneficial outcome.
International research shows a strong causative link between prohibition and binge behaviour
whether that's alcohol, cannabis, class A drugs − or coffee. Which could attribute to the higher rates
of alcohol harm in the South as related by health statistics.
The following statement should be deleted: "This has had a very significant with utmost urgency"
...
Page 4: It is discretionary for councils to adopt a LAP. We consider the current law and bylaws
contain all the tools necessary to create and maintain a responsible drinking culture in New Zealand.
Much of this draft plan, mirrors existing legislation and creates and additional burden of bureaucracy
on the industry.
Southland is already significantly out of step with the rest of New Zealand in regards the availability
of alcohol locally − the higher than average incidents of alcohol abuse suggest this has not done us
any favours.
Page 6: Objectives: Background: Bullet Point 1: Police indicated calls to alcohol type offences in
Invercargill represent 2723; Significantly drink−driving offences have not been included in this table.
However police do not record alcohol impairment in their statistics so have included offences which
typically include alcohol − as offences include vandalism and seven children under nine years old it's
likely this is an overstatement.
Bullet Point 7: The availability of cheap alcohol via supermarkets has been addressed elsewhere.
Page 7: Safe Drinking Environment: Implications − the costs of liquor licensing have risen sharply
and this will become a barrier to operators. Some of our small hospitality clients with food based
businesses are already questioning the value of renewing their onlicense and/or BYO licenses.
These types of businesses model responsible alcohol use.
In August
non−assi
gnable2013 our liquor license was up for renewal, it cost $134.93 for a non−refundable,
three year license. Individual manager licenses cost $134.20.
31 Page
113
To:
From:
Date:
March 24, 2014
In December 2013 we moved premises to allow for increased production to serve our national and
international markets, and faced these additional costs as a "*10w risk" business.
AIC License (October) 1 year
$793.24
ICC Registration of Premise (October)
$420.00
Compliance Cert (October)
$335.00
AIC License (2 x managers)
$268.40
Special License (February)
$575.00
$2,391.64
Under current legislation we will are also faced with:
Three yearly Licensing application Fee
$ 609.50
Three year licensing for Managers x 5
$1,580.00
Annual Licensing fee
$ 391.00
Special Licensing * (Voluntary − annual)
$
575.00
In addition any new managers must undertake mandatory training at a cost of between
$220 to $350 per person.
(*There is an extra low risk category which includes Wine Cellar Doors, Theatres, Cinemas and BYO
Restaurants fees that has an fee $368 with an annual fee of $161)
Page 8: Objective 3:
We do not believe council should involve itself in lobbying for a reduction of price differential
between on and off−license alcohol.
It is unfair to compare pricing between on and off license premises as one delivers a product and the
other a service − it is akin to comparing pricing between a butcher and a restaurant steakhouse.
Restaurants will always have higher prices because they have increased premise and staff costs −
and add value to the product by offering an environment and service.
The rise in off−license sales coincides with a drop in disposable income, with NZ scoring just 3.3 out
of 10 on the World Wide Better Life Index released in 2013 − many people cannot afford to socialise
outside of their homes.
That report also commented on the considerable gap between rich and poor in New Zealand, with
the top 20% of the population earning five times as much as the bottom 20%. This is doubtless has
far more to do with changes in the way people socialise than off−license pricing.
That the police geographic map of hotspots in Invercargill for 2012 suggests that the majority of
people who are drinking in their homes are doing so responsibly.
4IPage
To:
From:
Date:
March 24, 2014
maps
Page 11: Sensitive Premises: This issue is adequately covered under the District Plans & Resource
Management Act and does not need to be replicated here.
Trading Hours: 2. Onlicenses Class 2 & 3 Restaurants: There is no problem with
Page 12/13:
on−premi
se
restaurants so it seems pointless to further restrict their hours. Socially responsible eating
and drinking should be encouraged. It is unfair to compare pricing between on and off license
premises as one delivers a product and the other a service − it is akin to comparing pricing between
a butcher and a restaurant steakhouse.
Restaurants will always have higher prices because they have increased premise and staff costs −
and add value to the product by offering an environment and service.
The rise in off−license sales coincides with a drop in disposable income, with NZ scoring just 3.3 out
of 10 on the World Wide Better Life Index released in 2013 − many people cannot afford to socialise
outside of their homes.
That report also commented on the considerable gap between rich and poor in New Zealand, with
the top 20% of the population earning five times as much as the bottom 20%. This is doubtless has
far more to do with changes in the way people socialise than off−license pricing.
That the police geographic map of hotspots in Invercargill mirrors, suggests the majority of people
who are drinking in their homes are doing so responsibly.
maps
3.i Off−licenses: We believe they should remain at the national rate of 11pm in Invercargill. (Our
brewery tours which may start as late as 8.30pm. Customers frequently wish to purchase takeaway
product after a tour, which may end after 10pm)
Page 14: V: On−Licenses: Most restaurants are small businesses who are often poorly represented in
public policy because of they are too busy with day to day operations to comment on draft reports.
We suspect the comment that later closing is inconsistent with the purpose of restaurant license
came from competing interests. If these types of license holders are not contributing to alcohol
harm as all avenues suggest, then it is not necessary to make any change to their license.
5Page
115
To:
From:
Date:
March 24, 2014
Page 15: Discretionary Conditions: Existing legislation already provides the tools and frameworks for
good operators − this seems designed to control bad operators. Considering all these factors will
raise the complexity − and cost − of alcohol consent without delivery any additional community
benefit.
A representative of Invercargill Brewery would like to speak on this submission.
Invercargill Brewery Ltd Office Manager: Dana Parker
CONTACT:
72 Leet Street
Invercargill
Ph 03 214 5070
6Page
the
425
the
you agree
Local
Policy that: (please tick If you agree with the following statements)
I enjoy
In Southland. I believe it Is not fair to
responsibility and not more regulations.
the
Police should maintain a zero tolerance policy on troublemakers who cause the problems In the
I think that bars, taverns and restaurants
hours as the
of the CBD should have the opportunity to trade
door policies do not work and cause more problems than they
lam and I could not get Into the bar my friends were In, I am worried I would be left outside on my
own.
I think all
taverns and hotels in the District should be able to trade to (please
I think all restaurants In the District should be able to trade to (please
lam
2am
one):
I
3am
I think all bottle stores/off licenses In the District
to (please circle one):
9pm
12am
Please
L
or
If the bars shut earlier I will come out
or
I will party somewhere else
fI
or
like to speak to my
note If you tick this box Council will contact you to give you an appointment to speak at the
sessions.
You must complete
Council
not
submission.
Name
Email
Address
117
use the
o f this page for
additional
M
A
R 214
2014433
2
Browse Responses
Displaying 4 o f 27
Jump
Respondent Type: Normal Response
Collector: Southland LAP (Web Link)
C u s t o m Value: empty
IP Address: 222.154.246.108
Response Started: Friday, February 28, 2014 5:32:07 p.m.
Response
4
Friday, February 28, 2014 5:49:55 p.m.
1. What do you think the latest trading hour for on−licenses (bars, taverns, hotels, entertainment venues) in the Invercargill Central
Business District should be? (please select one)
4am
2. What do you think the latest trading hour for on−licences (bars, taverns, hotels, entertainment venues) in
the Central Business District area) should be? (please select one)
(other than
3am
3. What do you think the latest trading hour for on licences in
District should be? (please select one)
4am
4. What do you think the latest trading hour for restaurants should be? (Currently trading till 3am)
3am
5. What do you think the maximum trading hour for
should be?
lam
6. Due to the documented success of the voluntary Accords that are in place in the Southland region, do you think they should
continue?
Yes
even the Police say they work well.
7. The Council are proposing to trial a one way door for 12 months (from October 2014) for the
Business District Area and
Gore
year round). This means that you will not be able to enter a premise after lam. Do you agree that this is a good idea?
No
8. The Council are proposing to trial a one way door from October 2014 to March 2015 for the
Anau area (six months of the year).
This means that you will not be able to enter a
after
Do you agree that this is a good idea?
No
It will turn Teanau into a gost town.And all our tourists will head for Queenstown to enjoy later hours and no one way Door.
9. The Council are proposing the following conditions could be imposed on a licensed
select yes or no for each proposed condition)
of any sort. Do you agree? (please
Don't
Yes No
know
Design and layout requirements
Minimum seating requirements
Maximum number of patrons
Training requirements for staff
Number of staff/managers on duty
Prescribed ration of security staff to patrons
Uniform requirements, e.g. high visibility vests for security
119
Queue management
Free non−alcoholic drinks to designated drivers
X
Provision of food
10 minutes
X
"no alcohol service" every hour
X
No "shots" served after midnight
Limits on the number of drinks sold in any one transaction
X
Restrictions on use of glass vessels
X
Minimum wind−down periods (or short duration closings − to encourage a break in drinking and food
consumption
Restrictions on discounts, e.g. "happy" hours
X
Steps to prevents sales to minors
X
Restrictions on activities, e.g. drinking games, cage fights
X
Provision of a place of safety for any intoxicated patrons
X
Availability of transport home for patrons
X
Cleaning the outside of the premises and immediate environs
X
Use of CCTV
X
Signage and advertising
X
Licensee to keep a register of incidents
X
Mandatory notification to Police of violent incidents
X
Comments?:
10. Do you think the safety and vibrancy of the Invercargill Central Business District would be enhanced by the following? (please
select yes or no for each suggestion)
Yes
Better public transport options at night
X
More lighting in the CBD
More CCTV cameras in public spaces
No Don't know
X
X
More enforcement of liquor bans
An instant fine for being intoxicated and/or being a nuisance in a public place
Greater Police presence
X
Comments?:
11. Overall, do you agree with the direction of the draft Local Alcohol Policy?
Strongly disagree
This is southland.Most hotels are empty by midnight.
12. Do you have any other comments either about the content of the draft Local Alcohol Policy or about other matters you want
included in the policy?
No Response
13. Please select one
I wish to discuss the main points of my submission at the hearing
14. Contact Details
Your name: − John McHugh
Phone Number: − 0274 346873
Email: − john.mchughmiddlepub.co
Please tick the
443
with, answer the
submit to Invercargill City Council, Gore District Council and
Draft
I enjoy
not fair to penalise the majority of people who go out
Southland and behave well, because of a
minority who behave badly. There should be more
own.
I think all bars; taverns
I
lam
the bar my friends were in, I am worried I would be left outside on my
hotels
the
2am
lam
should be able to trade to (please circle one):
3am
2am
4am
I think all bottle stores/off licenses in the District should be able to trade to (please
9pm
one):
12am
Please
one
or
NO
YES or
If the bars shut earlier I will party somewhere
or
NO
this submission.
Name
Email
Address
Signature
Please use the
of this page for any additional comments about the Draft
121
Alcohol Policy
I
I
I
M
A
R 01
SCANNED449
MAR 2014
W
I
I
I
I
I
SUBMISSION ON THE
Southland District
Gore District Council &
City Council
March 2014
Hospitality NZ is a voluntary trade association, representing over 2,400 hospitality businesses
throughout New Zealand since 1902. As a Regional Manager for Hospitality New Zealand, I cover the
whole of the southern South
including Otago, Central Otago and Southland.
The Southland branch of Hospitality NZ is made up of 86 members, with 40 members in Southland
City Council. These 86
District Council, 7 members in Gore District Council and 39 in
establishments are members of both our local and national Association.
I
I
I
This submission is not only made on behalf of our members in the Southland District, but other
licensee non−member venues within the local industry who were invited to discussion forums.
I
I
I
I
I
I would like to speak to this submission.
I
Hospitality is a significant industry and major employer throughout Southland. The hospitality industry
plays an important role in our social life. The sale of alcohol is a significant driver o f economic activity.
More than 70,000 people work in the food and beverage sector throughout New Zealand, with
hospitality being the third biggest area of spending for tourists.
We appreciate the opportunity to make a submission on the draft Local Alcohol Policy (LAP). The
Southland Branch o f Hospitality NZ is committed to working with Gore District Council, Invercargill City
Council and Southland District Council in order to develop a practical and effective LAP.
CONTACT DETAILS:
Fiona Morton
Southern South Island Regional Manager
Hospitality New Zealand Central Otago Branch
Box 426
Invercargill, 9840
0800500503
Hospitality NZ Southland Branch Submission − Combined Southland Draft Local Alcohol Policy
123
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Firstly, I would like to acknowledge the scale of workload that the Sale and Supply of Alcohol Act and
the introduction of
have caused the council. I also acknowledge the challenge of finding a policy
that addresses the whole district when there are both a rural and urban mix of settlements, some of
which are influenced by the impact of a significant seasonal
peak.
You may have seen much in the media about local alcohol policies in Christchurch and Wellington
already, but Southland is very different and there needs to be a policy that is specific for this region.
order to prepare this submission the Southland Branch Executive had meetings and discussions with
members,non−members and also held a Hospitality Industry Breakfast to
the proposed draft
LAP and implications. The outcome of these meetings and discussions has formed the basis for this
submission.
It is important that before comment is made on local matters, to put the scale of the issues into
context.
Key Issues and Evidence
The scale of the
alcohol problem
It is generally accepted that most adult New Zealanders are not harmful consumers of alcohol. Alcohol
abuse is a real and significant problem for a small minority of Kiwis. However, the current
consumption of alcohol is quite low by New Zealand standards and barely registers compared to other
countries.
While there has been a steady but small increase in alcohol consumption since 1999, consumption
levels from 1969 right through to 1997 were higher − particularly during the 1970s and 1980s. The
World Health Organisation ranked New Zealand as the 51st highest consumers of alcohol in their
Global Status Report on Alcohol and Health 2011. Despite the impression presented in the media,
Kiwis are drinking less overall than they used to.
It is important to have an accurate perspective of the scale of the alcohol problem in order to develop
a suitable Local Alcohol Policy. We further consider that regulatory policies should be proportionate to
the risk of harm, actually address any
problems and avoid penalising those who consume
alcohol in moderation and outlets which sell and supply alcohol responsibly.
between on−licences and
Key
of
Itf−islicences
important to note that nationally approximately 76% of alcohol consumed is now bought from
and just 24% from on−licenced premises (Ministry of Justice (2013) Risk−based licensing fees:
Identifying risk factors for the New Zealand context. Our understanding is that this situation equally
applies in the Southland area.
There are key differences between the highly regulated on−licence environment and the way
alcohol purchases are consumed.
On−licenced businesses are professionally managed; comply with the strict licensing conditions and a
comprehensive host responsibility framework. Staff are trained and experienced in providing a
responsible drinking environment. It is illegal for people to get drunk on licensed premises and
holders are strictly accountable and responsible for patron behaviour. On−licensees know the
rules and the heavy consequences for their business if they do not comply.
I
I
I
I
I
I
I
I
I
I
of excessive alcohol consumption agree that it is the
Most people involved in dealing with the
drinking at home or in public places and other unsupervised environments that causes most of the
problems.
Recent research into the experiences of the industry, police, councils and health authorities show that
the biggest areas of concern are the habits of
at home before going to town,
by drinking in cars or public places because its cheaper than buying alcohol in bars and
nightclubs and 'post−loading' by imbibing further after leaving licenced premises.
Pre−loading, side−loading and post−loading is unmonitored and uncontrolled. The impact is
exacerbated by cheap alcohol from supermarkets. This is a critical issue for Southland District Council
and the Combined Local Alcohol Policy should address. A number of Draft LAPs, including the
Southland combined policy, have excessively targeted on−licences when the reality is that they are
generally part of the solution not part of the problem.
Research also shows that most underage drinkers get their alcohol from parents, friends or other
people. It is unlikely that those purchases are made from an on−licence or an off−licence where
products are sold over the bar. It is more likely purchases would have been made from an off−licence.
Any moves to tackle underage drinking should be targeted accordingly.
It is our argument that licensed premises provide a controlled drinking environment and the Council's
focus should be on other more damaging forms of alcohol consumption.
related harm
Focus on problem drinkers and identified
Reducing access to alcohol for moderate drinkers does not result in a reduction in alcohol related
harm − the issues are not automatically linked. Alcohol related harm can be reduced without affecting
sensible drinkers in any way. The focus has to be on abusive and anti−social behaviour − not blanket
restrictive policies that penalise responsible outlets and responsible drinkers.
The object of the Sale and Supply of Alcohol Act is to ensure that the sale, supply and consumption of
alcohol is undertaken safely and responsibly and that the harm caused by the excessive and
inappropriate consumption of alcohol is minimised.
I
I
I
I
I
I
I
I
I
However the minimisation of harm is not an objective to be achieved at all cost, or without regard to
the economic and other consequences of any actions taken to reduce harm. This is reinforced by the
requirement on appeal of a proposed LAP that the LAP not be unreasonable in light of the objective of
the Act. That requires consideration of whether the means proposed are proportionate to the harm
avoided when considered against the costs imposed.
It is also a requirement of the Local Government Act that the local authority take into account the
social, economic, and cultural interests of its people and communities in performing its role.
The Local Government Act further imposes on a local authority a general obligation in making
decisions, to consider "the benefits and costs of each option in terms of the present and future
(b) (i).
interests of the district", see section
Research paper 'Facts v Fiction' attached
Attached to this submission is the 'Facts v Fiction' research paper commissioned by Hospitality New
Zealand. It is important that the Councils take the contents of this document into account during the
preparation of the final LAP. It provides robust evidence, challenging many assumptions around the
sale and consumption of alcohol in the draft plan.
125
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Local
and evidence
It is important to quash early the misconception that it is safer to drink at home than in licensed
premises. Recent data supplied by ACC in the Nelson Region (a smaller population than the Southland
Region) and collated by St Johns ambulance
showed quite the opposite. Whilst 49% of
ambulances are called to private residences only 6% are called to licensed premises. This data is not
yet available in the Southland Region. Nelson was used as the pilot for collating such data.
The implication from this and other research being that further controls for on−licensed premises as
the Draft LAP proposes are not necessarily the answer and indeed the Draft LAP contains no
information or evidence that some of the measures proposed by the Draft LAP will address, minimise
problems or alcohol related harm.
or reduce any
Nelson City Ambulance Alcohol Data − Dec 12 to June 13
Location
House
Public Place
Road
bar
Other
Grand Total
81
33
33
10
7
164
There does not seem to be a correlation between high numbers overall and the tourist season either.
The peak month was May however December and January were not far behind.
Month
Dec
Jan
Feb
Mar
Apr
May
Jun
Total
26
26
21
21
23
28
19
164
Patient Age
10−14
15−19
20−24
25−29
30−34
35−39
40−44
45−49
50−54
55−59
60−64
65−69
70−74
2
29
36
19
14
9
15
5
5
9
4
4
3
7
161
Grand Total
The patient age data also has some surprises. Whilst the numbers are
higher in those
aged under 29 there are some high numbers in the
years age grouping and older.
Time o f Call
00.00−
Mon
Thur
Sun
1
01.00−
01.59
1
3
2
2
1
5
7
18
Mon
Tue
Wed
Thur
Fri
Sat
Sun
1
3
2
6
16
02.00−
02.59
03.00−
03.59
2
1
1
2
5
6
7
22
04.59
05.59
09.59
08.59
1
10.59
11.59
12.59
1
2
1
2
6
11
2
3
8
1
1
1
1
2
1
1
2
2
15.00
16.00
17.00
18.00
19.00
20.00
21.00
22.00
23.00
14.59
15.59
1
16.59
17.59
3
18.59
1
1
1
19.59
20.59
2
1
22.59
23.59
2
21.59
1
2
3
1
5
1
11
2
3
12
1
1
1
1
1
2
3
3
2
1
6
2
5
2
4
1
2
9
1
2
5
2
10
1
1
1
1
1
1
14.00
1
1
13.59
1
1
1
4
1
5
1
1
1
1
3
4
15
14
16
16
23
39
41
164
127
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Specific
C.
with the Southland Combined
Local Alcohol
Hours
Policy Cl: Trading Hours
CBD
Hours for
−
The proposed hours of trade between 8am on any day to 3am for the
District area are supported by the branch. The voluntary accord for 3am
worked well.
We therefore submit that
for the Invercargill
hours should be
Central Business
in the CBD has
− 3am.
1 Hours for
CBD
− Other than
The proposed hours of trade between
day
to lam for outside the Invercargill CBD are not
on any
supported by the branch. The branch supports that all on−licenses should be able to trade until 3am.
By closing the outer establishments at lam you will in effect create an earlier closing time as if the
one−way door trial comes in then patrons will need to be heading into the CBD by midnight to ensure
that they are in the bars by lam. Closing at lam will also encourage people who would have stayed
and enjoyed one more drink, to migrate into the CBD where they will choose to stay longer to make
up for having to move to a bar in the CBD. Migration of consumers at this time of the night also raises
the issue of the increased possibility of drink driving offences. This reduction in closing times will not
only have a negative impact on business but will also affect the wages of employees as there will be a
reduction in the hours available to work.
We therefore submit that
3am.
for areas other than the Invercargill
hours should be Sam
1
Hours for
− Gore/Southland
The proposed hours of trade between
for the Gore and Southland area are
on any day to
supported by the branch. The voluntary accord for 3am closure in the Southland and Gore regions has
been documented as a success by both the Police and the councils. The branch supports 3am closing
for the Southland and Gore regions.
We
3am.
submit that
hours
the
and Southland regions should be
−
2 On−licenses − Class 2 and 3
The proposed hours of trade between 8am on any day of the week to lam for cafes and restaurants
are not supported by the branch.
The draft LAP recommends that licences cease trading by lam. It is unclear why the Council would
decrease dining hours for restaurants and what actual or perceived harm this measure is attempting
to address. The Southland branch of Hospitality NZ believes that licensing hours should remain
unchanged. The Branch's reasoning for this position concerns consideration for the dining needs of
the diversity of the Southland community. In our community there are many different industries that
do not work regular Monday to Friday business hours. For example the freezing works work late, the
vast rural sector work late into the evenings and there are many shift workers who often want to go
I
out for dinner when they finish work late in the evening. is therefore only appropriate and fair that
these people in the community who are providing a service and earning a living are not unnecessarily
inconvenienced or penalised by not being able to relax and enjoy a meal after they finish work. There
are also airline cabin crews who often stay in Invercargill overnight. The last flight gets in to
Invercargill at
and by the time that they have finished their duties and travelled to their hotel
other parts of the country they are able to go and have substantial restaurant
it is often quite late.
meals late into the night, however
would be the exception if the draft LAP is adopted. The
Southland Branch feels that restaurants should not be restrained in their efforts to service this
important market.
Further, many restaurants in other parts of the country have the opportunity to apply to change their
licence to a tavern licence. However due to the constraints that are placed on restaurants in
Invercargill it is often not a viable change to consider. In addition, the Southland Branch considers
that any concerns can already be successfully addressed under the Sale and Supply of Alcohol Act
2012 that provides for the District Licensing Committee to impose conditions on the issue and renewal
of licences. Hospitality NZ Southland branch considers it important that all class of restaurants have
the same opportunities, which is why we believe that all restaurants should have the ability to operate
until 3am and make application accordingly.
There are strong concerns over the opening hour of 8am. There are many occasions where cafes and
restaurants in the Southland region put on champagne breakfasts, which often begin prior to 8am.
There does not appear to be any evidence to suggest any alcohol related harm is caused by on
licensed premises between 7am and
The ability to serve a glass of champagne with breakfast is
that
cafes
and restaurants like and should be able to offer. The risk of alcohol related harm
a service
being caused by a glass of bubbles is negligible if any.
submit that restaurants and cafes should have the ability to serve alcohol from 7am −
I
3.
proposed hours of trade for off−licence sales between
to
on the same day proposed by
Invercargill and Gore Councils are not supported by our members. Under the Southland District
Council accord, over the bar sales prior to 18 December 2013 was lam. We understand that with the
default hours now being
but this is another two hours of trade and staff wages that have been
lost. The branch reluctantly supports the Southland District Council proposing hours of 7am to
off−licence sales.
Many of our members in the Southland region have over the bar off−licences and are able to sell to
customers to take home. In the majority of cases the licensee knows the customer they are selling to
and knows they are making a responsible choice to not have another drink on premise, and Instead
making a choice to drive home safely and have one more in the comfort of their own home.
these customers are shift workers or farmers who work late, head to the local community bar or hotel
to catch up with friends, have a couple of beers and then take a bottle of wine or a 6 pack home.
Our members have indicated that there is not a huge amount of alcohol that is actually sold between
and
however it is a service that they have provided and is relied upon in the community.
Since the Sale and Supply of Alcohol Act 2012 came into place in December 2013, we have heard of
numerous situations where farmers and shift workers have called into off licences to get a box of beer
and have been declined service. These customers have wanted to get a
to take home just after
I H o s p i t a l i t y NZ Southland
Submission − Combined Southland Draft Local Alcohol Policy
129
I
I
I
I
I
I
I
I
I
I
drink to take home and enjoy after a day at work, but instead have had no choice and ended up having
to have a beer in the tavern and then drive home.
During the summer months we can enjoy up to sixteen hours of daylight in the Southland region with
enjoy
sunset not being until late in the evenings. This is one of the many reasons that
socialise.
living in the region as you can make the most of the lighter evenings, be it to work or to
Farmers and haymaking are a key example of making the most of the extra daylight hours that we
enjoy in Southland. They may start at lunchtime and not be aware that they will not finish until late at
night, therefore are unable to purchase some alcohol to enjoy at the end of their working day. One of
the key objectives of a LAP is to reduce alcohol related harm. It is hard to understand the amount of
alcohol related harm that would be caused by a hard working farmer wanting to buy a box of beer to
take home after a long day at work. The rural sector and the shift workers make up a large proportion
of the workforce in the Southland region and should not be penalised.
We therefore submit that all
− 11pm.
In the
region should be able to sell
D. Discretionary Conditions
Policy
The draft LAP specifies in some detail the discretionary conditions that can be imposed on alcohol
licences of any sort. The draft LAP first lists a range of "discretionary" conditions the councils may
consider when issuing a licence. As a first point, the list seems to include just about any condition the
to have been able to think of, irrespective of its workability in real life. It appears
designed to let the councils dictate how an operator should run its business, despite the fact that the
councils have little or no practical experience at running on−licences. Good operators must have
flexibility in how they run their business. They may choose to position themselves for a certain
clientele. Some might require more staff, some less. The draft LAP should be focused on outcomes,
not the precise means by which any particular operator might achieve those outcomes.
Rather than having a long list of conditions for the councils to impose, many of which will be
inappropriate and unnecessary in almost all cases, it would be better to more clearly define
reasonable outcomes that the councils wish to achieve, and then let the operators, based on (for
most) their extensive experience, resolve how to achieve those outcomes.
The discretionary conditions of particular concern include:
Management requirements in relation to staff (e.g. number of
duty managers): That a
for
the
best
placed
who
i
s
judge
how
staff
fact
matter
needed. The councils
operator,
to
many
are in
do not have to pay for unnecessary staff, but seems happy to require them.
B (iii) Prescribed ratio of security staff to patrons: Yet again this is a matter for the operator, who is
best placed to judge how many
are in fact needed. The councils do not have to pay for
unnecessary staff, but seems happy to require them.
I
I
I
I
I
I
C
Queue
one person standing behind another in a queue? What if a queue is
only?
These are all operational matters best left to the operators themselves.
intermittent
alcohol
C (iv) Ten minutes of
How exactly will this work? When during the
every
hour will these ten minutes have to occur? This will cause more problems for operators and this could
actually make patrons angry.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
for one or two people
transaction: It is
Limits on the number of drinks sold in
for the rest in their party. Alternatively, where table service is operated, one
in a group to buy
wish
buy
might
to
everyone at the table a drink. To limit any one transaction to a few drinks
person
only is unnecessary and unworkable. Operators already have a duty not to serve intoxicated persons,
and should be left to make a judgement as to how they will meet that requirement.
C (iv) Minimum wind−down pweriods: We are particularly concerned with any condition requiring the
management of premises to operate a 'wind down hour' period, whereby the lighting is turned up, the
music turned down, and during this last hour the premises is open drinks cannot be purchased. This in
effect results in a closing time of an hour earlier than the licensed hour for the premises. That is
considered ultra vires to any licence "granted" to 3am, as it is a condition that derogates from the
grant of the right to operate until 3am. In reality it would be a licence to 2am, with an hour to allow
"drink−up" and clearance of the premises. Most premises already have in place wind down policies or
have a natural "wind down" as people move on, and so to impose very draconian wind down policies
through conditions that derogate from the specified licence hours is totally unreasonable. A long
"wind down" period could also create a hoarding mentality where people look to "stockpile" drinks
just prior to the close in service, so they can continue to drink until they have to leave.
D CCTV: These systems can be costly to operate and maintain, and are simply unnecessary for
every operator to install.
It is concerning that there is such a wide discretion with very few parameters defining which on the
"discretionary" list should be included in conditions in any particular case. More certainty around the
discretionary conditions will also help operators better understand what is expected by the councils to
achieve "best practice".
We consider that any discretionary conditions should be targeted at identified problems. Bearing in
mind that more conditions add cost to licensees that will need to be recovered from sales and more
conditions for on−licences will only contribute to the trend toward more off sales and unsupervised
consumption of alcohol.
It should also be remembered that the law already places mandatory conditions on on−licences in
regards to host responsibility, including the promotion of food, low and non−alcoholic beverages, the
availability of free water, not serving or allowing on the premises minors or anyone who is intoxicated,
as well as being required to display supporting signage in respect of sale and supply to minors and
intoxicated persons and other measures. There are also severe consequences if licensees do not
comply with host responsibility scrutinised regularly by police and licensing inspectors to monitor this
compliance. The consequences for breaches of licence conditions are strengthened by the Sale and
Supply of Alcohol Act.
Finally, under the Sale and Supply of Alcohol Act, the District Licensing Committee already has the
ability to issue licences subject to further discretionary conditions. Consequently we do not think
anything further on this need to be included in a LAP.
We accordingly consider that any discretionary conditions be left for consideration on licence
the draft LAP.
or renewal and therefore should be
Hospitality NZ Southland Branch Submission − Combined Southland
Draft Local Alcohol Policy
131
I
I
I
I
I
E. One−Way
Policy El: One−Way Door
There is no conclusive research showing that one−way door restrictions reduce alcohol related harm.
One way door restrictions were trialled widely in Australia and largely abandoned because they do not
work and imposed significant costs on an industry that already works on low margins and tight
budgets.
harm
An extensive study into alcohol−related nightlife crime in Australia, Dealing with
and the night−time economy compared the effectiveness of alcohol−related crime prevention
measures introduced between 2005−2010 in New South Wales and Victoria. The study, the largest of
its kind in Australia, concluded that there was no evidence to show that one−way door policies are
effective in their own right. also found the policies had no long−term effect on assaults or violence. It
did, however, find that the policy harmed smaller bars and venues that trade earlier.
I
I
I
I
I
I
I
I
I
I
I
A KPMG assessment of Melbourne's three−month, one−way−door trial (June 2008 to September 2008)
found alcohol−related presentations as a proportion of total hospital emergency presentations on
Friday and Saturday nights increased and continued during the temporary lockout period. The policy
Late Night Entry Declaration)
was subsequently scrapped (KPMG (2008) Evaluation o f the
of Brisbane's one−way−door policy. It
In 2006, an ABC documentary reported on the
reportedthat it failed to reduce the number of assaults admitted to the Royal Brisbane and Women's
Hospital. Taxi drivers were interviewed as part of the report and supported the view that the policy
had failed to curb late night violence.
Queensland criminologist, Professor Ross
of Griffith University has extensively researched
policies and found that as a preventative measure the policy is "purely symbolic". (The Age,
unlikely to stop violence)
2008 'Quick political
Any one−way door policy will also require additional staffing. Experience tells us that higher levels of
enforcement will see a big rise in tension with people trying to get into bars after the nominated time
while those inside will stay and drink for as long as they possibly can. A one−way door policy will also
increase security costs for all venues, particularly those who do not routinely have external security
personnel because they experience little or no trouble on site. The decision to implement a one−way
door should be left to individual licence holders or made a condition of the on−licence if there is
evidence of a systematic problem.
Another consideration is that in order to control a one−way−door restriction the business operator will
have to have employ security personnel. The employment of such personnel is controlled by Private
Security Personnel and Private Investigators Act 2010. This act prevents the employment of
personnel so the business operator will therefore have to employ backup personnel to cover
the potential failure of the rostered personnel to arrive. There are many establishments that have
multiple entrances/exits; therefore, they will need to have security on all of these as they are unable
to lock these doors due to fire regulations. If a one−way door is implemented in some of these bars
there will be more security personnel than
Our own experience, backed by international research, is that people not allowed into bars are likely
to drink in public places, move to where there are no restrictions or party at home. This is supported
by the experience in Christchurch following the 2011 earthquake and the subsequent shutdown of
central city bars and nightclubs when complaints about noisy parties in suburban areas nearly tripled.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The
alone.
City Council received more than 15,000 noise complaints in the year to June 2012
Christchurch City Council's inspections and enforcement
Gary Lennan says during that period,
the number of complaints for parties also skyrocketed, with almost all coming from residential areas.
"Party and
noise seem to be leading these increases and it is thought that the quakes
influenced this by reducing the number of
causing more celebrations to occur
venues and
(Fairfax 2012 Rowdy parties move to suburbs)
at private
Thus in fact, one−way door restrictions can actually increase anti−social behaviour rather than allow
licensed premises to close at times in response to business demand (see page 8, Evaluation of the
Christchurch city one−way door intervention, ALAC 2008)
Way Door.pdf
regards to the proposed trial one way doors for Invercargill CBD, Gore and Te Anau, we strongly
oppose this on the basis of the research previously stated. There are successful accords that are in
place throughout the Southland region that have been working very well, so why do we need to
change this now? There is no evidence that strongly supports that one way doors work.
The proposed trial of a one−way door in Te Anau for the month of October through to March will
cause many problems for both operators and customers. How do you expect to educate tourists on
the one−way door when they may only be in
Anau overnight? Having tourists who come to the
wanting
partake
the
fantastic
kiwi
hospitality
that is on offer, only to be told that they are
i
n
to
area
unable to enter a bar to have a drink after lam will make them leave the region disappointed. Having
met recently with a number of operators in Te Anau, there are no issues or problems and they are at a
loss as to why the council feel the need to trial a one−way door.
The proposed trial of a one−way door for twelve months for Invercargill CBD and Gore should be
removed from the draft LAP. As previously discussed there is no evidence that supports that one−way
doors work. The accords that are in place in the Southland region work well and have the support of
the agencies, if it's not broke then don't try and fix itl
Licensed premises are a safe and controlled environment where people can enjoy alcohol
responsibility, whereas by restricting access there is more chance of causing alcohol related harm by
encouraging unsupervised drinking in the home, at parties or in the streets.
Section 111 of the Sale and Supply of Alcohol Act already provides the ability for a one−way door
restrictionto be imposed on a licence on issue or renewal. Accordingly, we do not consider inclusion
of a trial one−way door in the LAP necessary. Instead it should only be imposed as a discretionary
condition of the on−licence, if there is evidence of a systematic problem.
In regards to the suggestion that the councils would like to receive feedback on an entry or cover
charge after lam, this will absolutely be rejected by the hospitality industry and we do not support it.
This would be yet another reason for people not to drink in licensed premises which are safe and
controlled environments. Yet again it is something that would push people into drinking at home and
out of licensed premises. We would like to see some research that would back up that having a cover
charge helps reduce alcohol related harm before we can further comment.
trial one−way door restriction should be left to individual
We consider that the decision to
licence
of
the
made
there evidence of a
problem.
a
or
Indeed, the Sale and Supply of Alcohol Act provides the ability for a one−way door restriction to be
on a licence on issue or renewal, required.
Hospitality NZ Southland Branch Submission − Combined Southland Draft
Alcohol Policy
133
I
I
should be no
We also submit that
of an entry or
lam as an alternative suggestion to trialling a one−way door.
charge to apply
Provisions Supported
Aside from the matters of concern above, we generally support the balance of the LAP. It recognises
that existing business premises where they operate responsibly can continue to do so. We commend
the councils for a full and comprehensive draft LAP.
solutions
There are excellent relationships in place between Hospitality NZ members, the Gore District Council,
Invercargill City Council and Southland District Council licensing agencies and police in the Southland
and the Police and feel
region. The majority of our members work closely with District
comfortable to pick up the phone and ask them for advice or to discuss an issue. We strongly support
quarterly meetings for all licensees across the region to develop better relationships and discussions
with agencies and to work together to help reduce alcohol related harm.
I
I
I
I
I
I
I
I
I
I
I
I
I
Conclusion
The Southland Combined Draft Local Alcohol Policy needs to address alcohol related harm in a
balanced, well researched and practical way that targets the actual problems. The crucial issue for
reducing alcohol harm is reducing consumer demand for alcohol.
The 24% of alcohol consumed in on−licenced premises is generally done in a highly regulated and
controlled environment. Pre−loading, side−loading and post−loading of cheap, readily available alcohol
at home, in cars or in public places is the real challenge and should be the focus of the Southland
Combined Local Alcohol Policy. Indeed the St Johns ambulance data from Nelson must demonstrate
where the measures really need to be taken.
premises are the backbone of the community. Local pubs and taverns raise monies for the
community via pokie funding. They are often sponsors for local sports teams. They allow collections
and raffles to take place for community groups raising money. These businesses are where people go
to share their problems with other locals and the barperson. They are where business takes place −
many deals are done over a pint.
Local pubs and taverns are where relationships are started and friendships formed. Licensees are not
bad people, just people trying to make a living and do the right thing. In a recent Hospitality survey
48% of Association members reported they were already paying themselves less than the minimum
wage and this policy has the potential to make the financial viability of some of these businesses even
less sustainable.
It is important to remember that it is not just licensees that are being affected with this draft LAP, but
employees too.
is hard to recruit employees into this industry with the ongoing challenges and
compliance issues that the industry is faced with. The industry is also losing good experienced staff for
the same reasons. Since the Sale and Supply of Alcohol Act 2012 has come in members are reporting
hours and the loss in wages for staff. This in turn is
on the financial implications of earlier
making hospitality workers reconsider their employment within the industry.
On behalf of the Hospitality NZ Southland Branch I would like to take this opportunity to thank
Southland Councils for the opportunity to submit on the draft Combined LAP. It is essential that going
through this consultation process enables a sensible and effective Local Alcohol Policy that reflects the
combined Councils responsibilities to the community and to local businesses.
I
I
I
I
I
The Voice of
Hospitality
N
E W
E A
Informing the debate on Local Alcohol Policies − Fact v Fiction
The food and beverage sector of the hospitality industry is integral to the entertainment
offerings in New Zealand's towns and cities and plays an important role in our social life.
The production and sale of alcohol are also
drivers of economic
more
than 70,000 people work in the food and beverage sector and it is the third biggest area of
spend for tourists.
I
I
I
I
The Sale and Supply of Alcohol Act 2012 gives councils the ability to regulate opening hours
for licensed premises, control location and impose operating restrictions on licences to
reduce excessive and irresponsible drinking behaviour.
Many Councils are now planning Local Alcohol Polices or LAPs and considering measures
such as restricting the number of outlets, operating hours and one−way door policies to
prevent access to bars after certain times.
The hospitality sector supports sensible drinking and operators of licensed premises are
compliant, responsible providers who work constructively with local authorities and police.
What people shouldn't do is confuse the well managed and professionally run licensed food
and beverage premises with the huge growth in off−license and burgeoning sales in
supermarkets that have seen alcohol becomes cheaper more readily available.
As a result of greater availability and affordability, 75 per cent of all alcohol is now consumed
off−license and most people involved in dealing with effects of excessive alcohol agree it's
the drinking at home or in public place that causes most of the problems.
I
I
I
I
I
I
I
Responsible licensees are concerned that more restrictions on 25% of the market that is
already well controlled and closely monitored
change the excessive behaviours. There
is also compelling evidence that some measures can actually make things worse.
One way doors and restricted hours were
because they
work and imposed
low margins and tight budgets.
widely in Australia and largely abandoned
cost on an industry that already works on
It is easier to force change in Hospitality practices because the sector is professionally run
and complies with the licensing framework. What's harder is changing the behaviour of
individuals and family who have most of the responsibility in curbing alcohol−related harm.
This can be an emotive subject and HNZ has undertaken extensive research to
the best
available information to separate fact from fiction and inform the development of LAPs in our
region. We hope you find the information useful and we would be happy to add our own
experiences to the research.
Bruce Robertson
Hospitality New Zealand
nz
135
I
I
I
I
closing times and reducing opening hours of licensed
bars, nightclubs and restaurants curbs alcohol−related problems
restrictions and blanket closing hours not only fail to lessen
alcohol consumption, they can increase trouble and aggression
The experience of the industry in New Zealand matches experience and research from
overseas. There is concern that blanket bans and severe restrictions can actually increase
the very behaviour that communities seek to avoid.
I
I
I
I
I
I
I
I
I
The UK report Drinking and Public Disorder researched links between alcohol and disorder
in the UK, Europe and Scotland.
The report concluded that blanket closing times lead to 'peak density' or a concentration of
behaviours which increased the likelihood of conflict and made policing more
The
measure was also found to create transport problems and issues for fast−food outlets in the
vicinity − both of which were deemed to be hotspots for trouble.
Easter weekend this year provided stark examples of peak density problems, when all bars
and nightclubs closed at midnight on Saturday, ahead of Easter Sunday's non−trading day.
In
police said "pre−loaded" people "went hard", drinking to excess before
midnight. This resulted in many arrests for drunk and disorderly behaviour, and the hospital
reported being extremely busy dealing with alcohol related injuries. (Stuff 31 Mar, 2013)
In Wainuiomata near Wellington, a 15−year−old was stabbed in the back after a party turned
ugly in what Police central communications shift commander Mark Oliver said was one of
their busiest nights of the year.
pubs closing at midnight, many people chose to
start
drinking
(Stuff
31
Mar, 2013)
or
A 2006 report by Greenaway and Conway in Auckland found that the common time for
violent confrontations was around 3am when the majority of licensed premises close and all
bar patrons are forced into the streets. These troubles would be exacerbated if all bars had
the one set blanket closing time.
Similarly there is no clear evidence to support the assumption that reducing opening hours
lowers the levels of alcohol consumption and intoxication.
We only need to look to the past to conclude that a reduction in opening hours does not
closures led to what became known as 'the six o'clock swill' and only
work. Six
reinforced the drink hard and drink fast mentality.
I
I
I
I
Emergency Medicine Specialist at Wellington Hospital, Dr Paul Quigley, has first−hand
experience of the strain drunken Kiwis put on the country's emergency departments. He has
spoken out publically against prohibition.
The Emergency Department doctor wrote in a 2010 New Zealand Drug Foundation
newsletter that the biggest impact in changing New Zealand's drinking habits will come from
I
I
curtailing off−licence supplies, not the regulated and closely monitored section of the
industry.
Overseas experience also shows that shorter opening hours fail to significantly reduce
society's alcohol misuse and have serious, unintended consequences on those operating in
the night time economy.
I
I
I
I
I
I
I
In 2005, the English and Welsh Governments took a controversial approach to violence
prevention by removing restrictions on opening hours for alcohol outlets.
The study, Do flexible opening hours reduce violence? An assessment o f a natural
experiment in alcohol policy assessed the effects of the move between 2004−2008 in
Manchester, UK. It concluded that there was little evidence to show deregulation affected
citywide violence rates.
London's Applied Criminology Centre found that extending late−night trading hours actually
reduced alcohol−related violence, binge drinking and disorder as patrons dispersed over a
long time period.
Marsh, P. and Fox Kibby, K. (1992)
Greenaway, S. Conway, K. (2006)
Stuff (31/03/2013)
New Zealand Drug Foundation (2010)
Humphreys, D (2012)
I
I
I
I
I
related harm
policies are an effective way to reduce alcohol
evidence supporting one way door policies is inconclusive with
research showing no long−term effects on assaults or violence
policies have been withdrawn in most places where
been tried
Australia
One−way−door policies − or
as they are known in Australia − are a measure that
has been tried repeatedly in overseas jurisdictions. They have been largely rejected
because they didn't work and actually increased behavioural problems.
I
I
I
An extensive study into alcohol−related nightlife crime in Australia, Dealing with
harm and the night−time economy compared the effectiveness of alcohol−related
the debate on Local Alcohol Policies − Fact v Fiction
2
137
I
I
crime prevention measures introduced between 2005−2010 in New South Wales and
there was no evidence to show that
The study, the largest of its kind in Australia,
one−way−doorpolicies are effective in their own right. It also found the policies had no
effect on assaults or violence. It did, however, find that the policy harmed smaller bars
and venues that trade earlier.
I
I
I
I
A KPMG assessment of Melbourne's three−month one−way−door trial (June 2008 to
September 2008) found alcohol−related presentations as a proportion of total hospital
emergency presentations on Friday and Saturday nights increased and continued during the
temporary lockout period. The policy was subsequently scrapped.
In 2006, an ABC documentary reported on the effectiveness of Brisbane's one−way−door
policy. It reported that it failed to reduce the number of assaults admitted to the Royal
Brisbane and Women's Hospital. Taxi drivers were interviewed as part of the report and
supported the view that the policy had failed to curb late night violence.
Queensland criminologist, Professor Ross Homel of Griffith University has extensively
researched one−way−door policies. He says as a preventative measure the policy is
symbolic". (The Age, 2008)
Any one−way−door policy will require additional
Experience tells us that higher
levels of enforcement will see a big rise in tension with people trying to get into bars after
the nominated time, while those inside will stay and drink for as long as they possibly can.
I
I
I
I
I
I
I
I
I
Our own experience, backed by international research, is that people not allowed into bars
are likely to drink in public places, move to where there are no restrictions, or party at home.
This is supported by the experience in
following the 2011 earthquake and the
subsequent shutdown of the central city bars and nightclubs when complaints about noisy
City Council received more than
parties in suburban areas nearly tripled. The
2012.
15,000 noise complaints in the year to June
City Council's inspections and enforcement officer, Gary Lennan says during
that period, the number of complaints for parties also skyrocketed, with almost all coming
from residential areas.
"Party and band noise seem to be leading these increases and it is thought that the quakes
causing more
have influenced this by reducing the number of
venues and
(Fairfax, 2012)
celebrations to occur at private
The Age (2008) 'Quick political
unlikely to stop violence
Decon University (2012) Dealing with alcohol−related harm and the night−time economy
KPMG (2008) Evaluation of the
Late
Entry Declaration
Fairfax (2012) Rowdy parties move to suburbs
3
I
I
I
I
I
bars, nightclubs and restaurants is the only way to
change behaviour
75 per cent of alcohol consumption occurs outside of
regulated licensed premises
Most alcohol is consumed outside licensed premises. This is consistent with the rapid
increase in the number of off−licence premises and the growing prevalence of supermarket
alcohol sales. The hospitality industry estimates that off−premise consumption has also
increased − up from 60 per cent to 75 per cent over the same period. In other words, only
25 per cent of alcohol is consumed on regulated and controlled premises.
I
I
I
I
I
I
I
I
I
I
I
I
A report for the Alcohol Advisory Council and ACC evaluated the implementation of the
Central Business District Alcohol Accord implemented between 2006 and
2007. The research
the main sources of alcohol were friends and family, home,
supermarkets and bottle stores, with much of that alcohol consumed in the home.
This reinforces conclusions drawn from an earlier paper on drinking trends, A Decade of
Drinking: Ten−year trends in drinking patterns in Auckland, New Zealand, 1990−1999. Over
the decade a number of changes occurred in the popularity of drinking locations. The
number of people drinking at home increased, as did the amount of alcohol consumed in the
home − up from three drinks per occasion in 1990, to four in 1999.
Consuming alcohol in their own or other people's homes − often larger amounts − also
remained common place. According to the Alcohol and Public Health Research Unit, 39 per
cent of men and 45 per cent of women drink at home rather than on licensed premises (24
per cent and 20 per cent respectively).
This research reinforces the experience of the industry, police, councils and health
authorities that the biggest area of concern are the habits of 'pre−loading' at home before
going to town, and
which involves drinking in cars or public places where it's
cheaper than buying alcohol in bars and nightclubs. Side−loading is also unmonitored and
uncontrolled.
Detective Inspector Bernie Jackson worked as the area commander for central Melbourne
during the city's trial with one−way door restrictions. He also managed
Safe
Streets project. He says there are more effective ways to combat alcohol−related problems
than the regulation of bars, nightclubs and restaurants.
He says the introduction of measures which encourage patrons to take personal
responsibility have been, by and large, the most successful when it comes to improving
behaviour in Melbourne. These include introducing ID scanners (like those used in Canada)
which allow venues using the computer technology to share information and identify
potential trouble makers admitted to bars.
Detective Inspector Jackson also encourages councils, police and licensees to work
together to tackle the issue of alcohol−related problems.
I
4
139
I
underpins the success we've had in Melbourne is working together with licensees −
this is not their problem, nor is it ours − it's a community
ALAC (2008)
& Public Health Research Unit (2001)
I
I
I
Habgood R, Bhatta K, Casswell S, Pledger M, Alcohol and Public Health Research Unit
(APHRU, 2001)
on bars, nightclubs and restaurants are too loose
food and beverage sector is professionally run and complies
with strict licensing conditions and a comprehensive host
responsibility framework
I
I
I
I
I
I
I
I
I
I
I
Licensees have a strict set of conditions relating to their premises and their license. All
premises must meet requirements of the Resource Management Act and the Building
Code, have a Fire Safety & Evacuation Procedure and comply with Food Hygiene and
Safety regulations.
Bars are also required to have a Host Responsibility Policy. The key responsibilities for
licensees are not to serve or to have underage or intoxicated people on the premises.
Consequences for breaches include prosecutions in the District Court or through the Alcohol
Regulatory and Licensing Authority and substantial loss of income resulting from temporary
venue closures. Any bar or nightclub owner found to have breached the act three times
within three years also faces losing their licence.
for licensees include:
Having a Host Responsibility Policy
Trading within their licensed hours and within the conditions of their license
A licensed Duty Manager on at all times
Not serving minors − or even allowing them on the premises
Not letting anyone become intoxicated, not serving anyone who is intoxicated, not letting
someone stay on the premises if they are intoxicated
Ensuring there is substantial food available and, increasingly, that it is promoted
Providing information about transport
Encouraging patrons, as much as they can, not to drink and drive − if a patron is caught
driving under the influence, Police will registered this against the license holder
Door staff are legally certified Crowd Controllers
Any promotions must be within the national protocol on promotions guidelines
Providing free water ( a provision under the new Act)
Complying
food safety regulations and gaming regulations
Making sure staff are trained on all of the above
A full list is attached as an appendix to this document.
I
I
I
I
I
I
I
additional restrictions on licensed premises won't have any
negative flow on effects
the year to March 2012 tourists spent 12 per cent of their budget
on food and beverage
restrictions will have huge implications for many industries
including tourism and transport
The food and beverage sector plays an important role in social life and is an integral part of
the entertainment offerings in our towns and cities. The production and sale of alcohol are
also significant drivers of economic activity through both sales and employment.
Wellington City Council prides itself and deliberately markets the city as an events capital
with a distinct entertainment precinct. The Council recently surveyed 1000 residents about
the role of alcohol in the capital:
63 per cent of respondents agreed that alcohol provides
employment
opportunities through the production, catering and retail of alcohol−related products and
services
37 per cent agreed that alcohol availability is essential to the vibrancy of the city
54 per cent agreed that having a few drinks enhances their experience of dining out
64 per cent agree that the number of pubs, bars, and restaurants is about right
The food and beverage sector is a cornerstone of New Zealand's tourism offering. Between
1997 and 2002 the area of greatest growth in tousim spending was in hospitality, with food
and beverage services up 42 per cent (Statistics New Zealand).
I
I
I
I
I
I
I
In the year to March 2012, tourists spent 12 per cent on food and beverage services. The
spend came ahead of accomodation (9 per cent) and placed third overall behind retail
goods (including fuel and other automotive products) and air passenger transport. (Statistics
New Zealand, Tourism Satellite Account: 2012)
An unintended consequence of restricting trading hours of licensed premises was significant
disruptionand trouble for the transport sector. The Australian experience, backed by
industry research, shows restrictions caused significant operational
service
disruptions and increases in violence.
A 2010 submission to the NSW Government by the Newcastle Taxi Operators Association
spoke of the increased taxi waiting times that occurred during the lam inner−city lockouts
and 3am fixed closing times introduced in December 2008.
The submission said that the policies led to a mass of people seeking transport between
these two times, overwhelming taxi services.
This is another consequence of the 'peak density' behaviour which turns drinking hours into
targets and encourages people to drink to the limit of the reduced timeframe.
6
141
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
A report from Victoria, Australia warned that a lack of taxi services and public transport in the
small hours contributed to drink−driving, the injury of intoxicated pedestrians, and increased
violence from frustrated patrons wandering the streets because they couldn't get home.
There were equally significant consequences for bars, nightclubs and pubs themselves.
The 2010 Crosbie Warren Sinclair Report detailed the impact of restrictions introduced in
New South Wales in 2008. It found that of the 14 Newcastle hotels subject to the policies,
which included one−way doors and blanket closing times:
Nine of the 14 closed, changed hands or went into receivership
An average reduction in turnover − 27.7 per cent (weekly)
21.7 per cent reduction in revenues
$22.5 million decline in asset values
21.7 per cent reduction in hotel workforce
Newcastle Taxi Operators Association (2010)
Crosbie Warren Sinclair Report (2010) Review of Newcastle Restrictions prepared for the
Australian Hotels Association NSW
Health Promotion Foundation (2012)
availability continues to increase
volumes of alcohol fell 15 million litres or 3.3 per cent in
2012 when compared with 2011. This is a continuation of a
downward trend over many years.
We can't confuse the number of outlets with alcohol consumption and availability. Since the
Sale of Liquor Act was introduced in 1989 the number of
has more than doubled
the
However,
despite
this backdrop
with more than 14,000 liquor outlets across
country.
statistics show consistent falls in the volume of alcohol available to consumers.
The latest Statistics New Zealand figures show a 3.3 per cent fall in the volume of alcohol
available to December 2012. The 2012 statistics follow similar results from earlier years with
declines of 3.1 per cent also recorded in 2009 (Alcohol Available for Consumption: Year
ended December 2012, Statistics New Zealand).
NB: Alcohol statistics are a measure of how much alcohol is available for consumption,
than actual consumption.
7
I
I
I
I
I
I
New Zealanders are big consumers of alcohol and are drinking more
comparisons show New Zealanders continues to drink less
Zealanders drank 20 million fewer litres of beer in 2012
The latest figures from Statistics New Zealand don't support our reputation as a country of
heavy drinkers. While we see some disturbing images of the harm caused by alcohol, the
statistics put these into context as a small number that do not represent the majority of
people who have responsible attitudes to alcohol.
In addition, the 2011 World Health Organisation's Global Status Report on Alcohol and
Health found consumption of alcohol in New Zealand continues to fall.
3: Alcohol consumption in New Zealand (WHO)
I
I
I
I
Population data (refer to the population 15 years and older
are in litres of pure alcohol).
RECORDED ADULT (15+) PER CAPITA
1961−2006
10
5
1961
1966
1971
1976
1981
1986
1991
1996
2001
2006
Year
Spirits
Other
Total
In the World Health Organisation report New Zealand does not even make the top 50
countries when it comes to alcohol consumption per capita. Moldova tops the list with 18.22
of alcohol consumed per capita, followed by the Czech Republic and Hungary. New
Zealand comes in at number 51 behind Australia which places 44th on the list.
World Health Organisation (2011)
I
8
143
I
I
is cheaper now than ever before
cost of buying alcohol from an off−licence is far less than
purchasing from an on−licence but prices at both continue to rise
lower pricing at off−licences has encouraged more
alcohol consumption in the home environment
I
Dr Paul Quigley from Wellington Hospital's Emergency Department sums up the situation in
a NZ Drug Foundation interview when he talks about the cost of alcohol purchased from an
off−licence (supermarket, bottle store).
is no longer a
It is cheap and easily available. Young people buy a bottle of
Beam and a very small bottle of Coke, mix it and drink it at home so they are intoxicated
before they hit town."
I
I
I
CPI
detailing the cost of beer at off−licences (supermarkets and liquor store) has
increased 14.4 per cent from 2006. Whereas, the cost of a glass (400ml) of beer at licensed
premises has increased 41.52 per cent. Hospitality New Zealand members say the increase
does not equate to increased
for bar owners with the majority reporting profits well
under five per cent.
Otago University research, published in the New Zealand Medical Journal in 2010 found
alcohol became increasingly affordable in the 10 years to 2010.
The study found discounted (off−licence) cask wine could cost as little as 62c for a standard
drink, discounted beer
discounted bottled wine 65c and spirits 78c. That compared to
67c for a 250ml glass of bottled water and 43c for a glass of milk.
I
I
It found that heavily advertised alcohol discounts − such as in supermarkets − exacerbated
the problem of binge drinking.
The research shows that in 1999, it took 21 minutes for a person on the average wage to
afford enough beer to reach the legal driving limit. In 2010, it took only 17 minutes.
I N a t i o n a l
I
N
Z
P
Drug Policy New Zealand
A (2012)
Newswire (2012)
B., Swain, D., and Campbell, M. (2011)
I
I
I
N and the Department of Public Health, University of Otago, Wellington. (2010)
9
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
is really easy for underage drinkers to buy alcohol
is not the case on licensed premises where recorded
offences are dropping
by the Alcohol Advisory Council (2001) and others,
found that 46 per cent of young people get their alcohol from
parents and 58 per cent from
over 18
It is important not to confuse the regulated on−license environment with off−licenses. Those
working within the industry are trained and experienced with the strict guidelines surrounding
the sale of alcohol.
All licensed premises are required to have a Host Responsibility Policy outlining key
responsibilities. These include not serving, or having on the premises, minors or anyone who
is intoxicated − they know the rules and the consequences for their businesses if they don't
comply.
Consequences include prosecutions in the District Court or through the Alcohol Regulatory
and Licensing Authority and substantial loss of income resulting from temporary venue
closures. Any bar or nightclub owner found to have breached the act three times within three
years also faces losing their license.
Statistics from New Zealand police show the number of recorded offences for the supply of
liquor to a minor continue to fall. In the 2011/12 fiscal year, there were 208 recorded
offences, compared with 263
in 2010/11.
The number of people prosecuted for buying liquor to supply to a minor also continues to fall.
Table 1. Pu
Fiscal year
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
suppply minor −National statistics
Number of offences
51
49
37
47
24
I
10
145
I
I
people want to get drunk they go to bars and nightclubs
is illegal to get drunk at licensed premises and on−license
holders are accountable and responsible for patrons' behaviour −
including their intoxication
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
number of recorded offences on licensed premises has
dropped
The New Zealand report, Tackling Alcohol−related Offences and Disorder in New Zealand
(National Drug Policy New Zealand, 2002) found that since the 1999 law change, there has
been a reduction in recorded offences against the Sale of Liquor Act involving licensed
premises.
The biggest
to intoxication are practices outside the control of licensed
pre−loading − drinking before going into town, and
side−loading − drinking in cars or other places where it's cheaper than on−license
premises
In a 2012 article that followed police patrolling downtown Auckland, Constable Joseph
Waugh and Constable Tim Alexander said young people often drive into town and keep
large quantities of alcohol in their parked cars.
The two constables said the cheapness of spirits from bottle stores compared with buying
drinks in a bar lead to many patrons "pre−loading" (also known as side−loading) in their cars.
It's an opinion backed up by Wellington police sergeant Andrew Kowalczy who was quoted
in a 2012 Whitireia Journalism student's article saying that the problem isn't with licensed
premises who "understand the repercussions of the law", but with pre−loading.
"You get a lot of people who instead of going into licensed premises where they have a
degree of control on your behaviour and
sit there
monitor it, you've got people
and
skull these syrupy, horrible,
drinks, and
much
consume as
as they
down
their
throat.
can,
"And we start dealing with the people making their way into town, people coming into town in
van loads, sitting in car parks, sculling back as much as they can. So they've got a buzz on,
before they hit the bars and drink one beer."
A 2011 report, Controlled intoxication: the self−monitoring of excessive alcohol use within a
New Zealand tertiary student sample, out of Waikato University, found that on−licence
premises are enjoyed for their entertainment value, such as dancing and meeting people, as
The report again reiterated the commonplace phenomenon of
opposed
pre−loading to buying
due to the cheaper cost of off−license alcohol.
11
I
I
I
I
I
and clubs are making big profits
hospitality New Zealand survey found 48 per cent of members
paid themselves less than the minimum wage in 2011 and 2012
The hospitality sector is far more than a provider of entertainment services and a component
of the service sector. It is an integral part of the tourism industry, a large employer and a
significant economic contributor to the country as a whole.
I
I
I
I
I
I
I
I
I
I
I
I
Hospitality New Zealand members are small to medium enterprises that employ and spend
in their local communities. Unlike many small businesses, HNZ members argue that after
paying compliance costs, taxes, fees, levies, wages, product and staff costs, the
are
minimal for many.
The majority of license holders work well beyond a 40 hour week. When earnings after
expenses are divided by actual hours worked, the result is often below the minimum wage of
$13.75 an hour.
In addition, there are significant sales in the early hours of trading. The following table is the
in the country's bars, pubs, nightclubs,
estimated annual spend between 4.00 and
restaurants and adult entertainment venues. The figures are based on electronic card
transactions and exclude cash.
$150,105,808.20
0.55% of total transactions
Auckland/Northland
$ 82,810,033.15
0.70% of total transactions
Wellington
$ 33,050,577.25
of total transactions
All of NZ
Of this total:
These figures reinforce that Auckland and Wellington accounts for more than 75 per cent of
the spend during those hours. It also supports the experience of many small business in
that this period provides a significant slice of a week's
once fixed operating costs
have been recovered.
In the USA, Cornell University's Hotel and Restaurant Administration Quarterly (Reynolds, D.
1998) reported that labour generally comprises around a third of hospitality costs, and food
another third.
The 2007 study, Food & beverage service sector productivity, undertaken by Auckland
noted that many operators within the hospitality
University's Tourism Research
sector are locked into a cycle that generates a poor return on their investment, often
resulting in short life−spans for the businesses concerned.
12
147
I
I
Despite this, the sale of alcohol in New Zealand remains an important driver of economic
activity. In 2006, 71,820 people across the country were employed in pubs, cafes,
restaurants, bars and nightclubs contributing billions of dollars to the economy. (Law
Commission 2009).
I T a b l e
2: Auckland's hospitality sector, March 2010 to March 2011
To March
2011
Per
of
2010 to2011
total
of national
NZ
I
I
I
Gross Domestic
Product
$
$745
1.1%
Employment
27,073
3.8%
Business units
3,433
2.1%
Source: Auckland Annual Economic Profile;
I
I
I
I
I
I
I
I
I
I
I
37.4%
34.7%
1.5%
−1.9%
1.9%
−0.8%
6.2%
2.2%
Ltd
The table above shows that between March 2010 and March 2011:
The hospitality sector generated $745 million in economic output in Auckland
The sector contributed
per cent to the region's economic output
Auckland's hospitality sector economic output grew by 1.5 per cent compared with a
decline of 1.9 per cent nationally.
New Zealand Tourism Research Institute (2007) Food & beverage service sector
Reynolds, D. (1998) Productivity analysis in the on−site food service segment. Cornell Hotel
and Restaurant Administration Quarterly
the debate on Local Alcohol Policies − Fact v
13
I
I
I
I
I
I
I
bars, nightclubs and pubs are not obeying the Sale of
Liquor Act
the 1999 law change there has been a reduction in
recorded offenses against the act involving licensed premises
Bar owners and staff have a legal responsibility to keep intoxicated people out of their
premises and to not serve intoxicated patrons. The onus is on them to comply with the
responsibilities and conditions of their license and they face significant penalties if they fail to
do so.
The vast majority of licensees are compliant and responsible providers of alcohol who
understand the repercussions of the law and work constructively with local authorities and
police.
This is reinforced by the very small number of problems compared to the number of licences
and the size of the hospitality sector, and the amount of business transacted around the
country every week.
I
I
I
I
I
I
I
I
I
I
The Liquor Licensing Authorities Annual Report to June 2012 shows a 23 per cent decrease
in the number of enforcement proceedings received over the year; down from 1006 to 778.
12−monthsliquor licences were cancelled in the year to June 2012 compared with four for the
Three
prior and 281 licenses suspended compared with 306 the year earlier.
In 2011, 6,971 licensing inspections were
out across Auckland resulting in 55
suspensions or cancellations of licenses, less than one per cent of the establishments
inspected.
14
149
I
I
Appendix: Regulations and obligations of license holders
Current
Every liquor licence and renewal application must have a certificate that the proposed use of
Act and the Building
the premises meets requirements of the Resource
Code, including, where applicable, access and facilities for mobility impaired persons.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The site also requires a Fire Safety & Evacuation Procedure and a registration of the
premises and compliance with Food Hygiene and Safety regulations.
Every person acting as a crowd controller must either hold a Crowd Control Certificate of
Approval or licence to do so.
When deciding whether or not to grant an application, consideration must be given to:
• the general suitability of the applicant
• the days and the hours proposed to sell alcohol
• the areas of the premises, if any, that should be designated as restricted or supervised
areas in respect of minors
• the steps proposed to be taken by the applicant to ensure that the requirements of this
Act in relation to the sale of alcohol to prohibited persons (minors and intoxicated
persons) are observed
• Proposals relating to the sale and supply of low and non−alcoholic refreshments and food
• Assistance with, or information about, alternative forms of transport from the licensed
premises
[licensing] matters" dealt with in any report made by the District Licensing Inspector,
•
police or Public Health
On granting an application the Licensing Authority or Agency may impose conditions relating
to any of the following matters:
the days and the hours during which alcohol may be sold with different conditions able to
be imposed in respect of different parts of the premises. The Licensing Authority or
District Licensing Agency, as the case may be, may have regard to the site of the
premises in relation to neighbouring land use.
the provision of food
the sale and supply of low−alcohol beverages
the provision of assistance with or information about alternative forms of transport from
the licensed premises
any other matter aimed at promoting the responsible consumption of liquor
steps to be taken by the licensee to ensure that the provisions of this Act relating to the
sale of liquor to prohibited persons are observed
the designation of the whole or any part or parts of the premises as a restricted or
supervised area
conditions prescribing the people or kinds of person to whom alcohol may be sold or
supplied − except for Human Rights reasons
Informing the debate on Local Alcohol Policies − Fact v
15
I
I
I
I
I
From June 2013
All of the above and:
In deciding whether to issue a licence, the licensing authority or the licensing committee
must have regard to the following
the object of the Act & whether granting the licence is likely to increase alcohol related
harm, including such factors as crime, damage, death, disease, disorderly behaviour,
illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by
the excessive or inappropriate consumption of alcohol,
the design and layout of the premises,
whether the amenity and good order of the locality would be likely to be reduced to more
than a minor extent by the effects of the issue of the licence, including the extent to
which, and ways in which the locality in which the premises are situated are pleasant and
agreeable including current and possible future noise levels, nuisance and vandalism
and the number of premises for which licences of the kind concerned are already held
and the extent to which land near the premises concerned is used and the general
desirability of the issue of the licence,
whether the applicant has appropriate systems, staff, and training to comply with the law.
On granting an application the Licensing Authority or Committee concerned may issue a
licence subject to conditions of any or all of the following kinds:
conditions prescribing steps to be taken by the licensee to ensure that sale or supply of
to prohibited persons are observed,
conditions prescribing steps to be taken by the licensee relating to the management of
the premises concerned are observed,
conditions prescribing the people or kinds of person to whom alcohol may be sold or
supplied − except for Human Rights reasons,
conditions imposing one−way door restrictions,
• Drinking water to be freely available to customers while the premises are open for
business.
I
I
I
I
I
I
I
the debate on Local Alcohol
− Fact v
16
151
Draft Local Alcohol Policy for Southland − Have
tick
455
questions
you
submit
Local
M
A
R
to the Draft
City Council, Gore District Council and Southland
Policy that: (please
if you agree with the following statements)
I enjoy
not fair to penalise the majority of people who go out
in Southland and behave well, because of a small minority who behave badly. There should be more
x
Southland benefits from a responsibly run hospitality industry, that caters for everyone Including the
and those who drink the streets breaking the liquor bans.
city/towns.
same hours as In the
own.
lam
the District should be
to trade to (please
one):
3am
2am
lam
2am
one):
12am
I will party somewhere else
Please
one
YES
NO
YES
NO
NO
you tick this box Council will contact you to give you an appointment to speak at the
sessions.
You must complete your
Name
Email
Address
153
use the back of this
for
466
SCANNED
2 5 MAR 2014
Question 1:
What do you think the latest trading hour for on−licenses (bars, taverns, hotels,
entertainment venues) In the Invercargill Central Business District should b?
lam
preferred maximum trading hour (please tick one only)
3am
2am
4am
Other
(please comment)
Comments:
Question 2:
What do you think the latest trading hour for on licenses (bars, taverns, hotels,
entertainment venues) in the Invercargill (other than the Central Business District area) should be?
lam
2am
maximum trading hour (please tick one only)
3am
4am
Other
(please comment)
Comments:
What do you think the latest trading hour for on licenses in Gore/Southland
Question 3:
District should be?
lam
preferred maximum trading hour (please tick one c
I
3am
4am
2am
Other
(please comment)
Comments:
155
Question 4:
What do you think the latest trading hour for restaurants should
trade till 3am)?
12am
erred maximum trading hour (please tick qne only)
3am
(currently
Other
(please comment)
Comments:
Question 5:
What do you think the maximum trading hour for off−premise should be (prior to
December 2013
lam
12am
Other
(please comment)
Comments:
Question 6:
Due to the documented success of the voluntary Accords that are In place in
Southland region, do you think they should continue?
Please circle Yes or No
Comments:
Question 7:
The Council are proposing to trial a one way door for 12 months (from October
2014) for the Invercargill Business District Area and Gore (all year round). This means that you will
this is a good Idea?
not be able to enter a premise after lam. Do you
Please
Comments:
SEY NO
The Council are proposing to trial a one way door from October 2014 to March
8:
2015 for the Te Anau area (six months of the year). This means that you will not be able to enter a
premise after lam. Do you agree?
SEY
The Council are proposing the following conditions could be Imposed on a licensed
Question 9:
premise of any sort.
Do you agree?
Please circle Yes or No f o r each proposed condition.
a. Design and layout requirements
NO
b. Minimum seating requirements
NO
c. Maximum numbers of patrons
NO
d. Training requirements for staff
NO
e.
staff/managers on duty
ES
NO
f. Prescribed ratio of security staff to patrons
g. Uniform requirements e.g. high visibility vests for security
NO
h. Queue management
NO
j.
NO
Provision of food
NO
k. Ten minutes of "no alcohol service' every hour
No "shots" served
midnight
NO
NO
m. Limits on the number of drinks sold in any one transaction
NO
n. Restrictions on use of glass vessels
NO
o. Minimum wind−down periods (or short duration closings − to encourage
break In drinking and food consumption)
NO
p. Restrictions on discounts e.g. "happy" hours
NO
q. Steps to prevent sales to minors
NO
r. Restrictions on activities e.g. drinking games, cage fights
NO
s. Provision of a place of safety for any Intoxicated patrons
NO
157
NO
u. Cleaning the outside of the premises and immediate
NO
v. Use of
NO
w. Signage and advertising
NO
x. Licensee to keep a register of incidents
NO
y. Mandatory notification to Police of violent incidents
NO
Comments:
Question 10: Do you think the safety and vibrancy of the Invercargill Central Business District
would be enhanced by the following?
Please circle Yes
a.
b. More
or No for each suggestion.
public transport options at night
the CBD
NO
NO
c. More CCTV cameras in public spaces
NO
d. More enforcement of liquor bans
NO
e. An
place
fine for being intoxicated and/or being a nuisance in a public
f. Greater Police presence
Comments:
NO
NO
Question 11:
Overall, do you agree with the direction of the draft Local Alcohol Policy?
Please tick one only.
Question 12:
Do you have any other comments either about the content of the draft Local
Alcohol Policy or about other matters you want included In the policy?
159
Please select one:
d o not wish to discuss my submission at the hearings, but give permission for
the Invercargill Licensing Trust to discuss my main points
wish
discuss the main points of my submission at a hearing
Your name:
Contact address:
Phone numbers:
Email:
Signature:
THE COUNCILS WILL NOT ACCEPT ANONYMOUSE SUBMISSIONS
Your submission on the draft Policy must be returned to ILT Head
by
Friday
March 2014
time in turn for the ILT to
submit on your behalf by
March 2014.
Only a person or agency that has made a submission on a draft LAP will be able to
appeal against any element of the resulting provisional LAP.
Privacy statement: All submissions (including name and contact details) are
published and made available to elected members of the Council and the public.
Personal information supplied will be used for the administration and reporting back
to elected members of the Council and the public as part of the consultation process.
473
M
A
R
SCANNED
2 5 MAR 2014
What do you think the latest
Question 1:
hour for on−licenses (bars, taverns, hotels,
entertainment venues) In the Invercargill Central Business District should b?
lam
3am
4am
2am
Other
(please comment)
Comments:
Question 2:
What do you think the latest trading hour for on licenses (bars, taverns, hotels,
entertainment venues) the Invercargill (other than the Central Business District area) should be?
lam
2am
3am
4am
Other
(please comment)
Comments:
What do you think the latest trading hour for on licenses
Question 3:
District should be?
lam
erred maximum trading hour (please tick one c
4am
3am
Gore/Southland
Other
(please comment)
Comments:
161
Question 4:
What do you think the latest
trade till 3am)?
12am
hour for restaurants should be (currently
erred maximum trading hour (please tick qne c
I
I
3am
lam
2am
Other
(please comment)
Comments:
Question 5:
What do you think the maximum trading hour for off−premise should be (prior to
December 2013
preferred maximum trading hour
12am
tick one only)
lam
Other
(please comment)
Comments:
Question 6:
Due to the documented success of the voluntary Accords that are in place
Southland region, do you think they should continue?
NO
Comments:
Question 7:
The Council are proposing to trial a one way door for 12 months (from October
2014) for the Invercargill Business District Area and Gore (all year round). This means that you will
not be able to enter a premise after lam. Do you agree that this Is a good Idea?
YES
Comments:
Question 8:
The Council are proposing to trial a one way door from October 2014 to March
2015 for the Te Anau area (six months of the year). This means that you will not be able to enter a
premise after lam. Do you agree?
YES
The Council are proposing the following conditions could be Imposed on a licensed
Question 9:
of any sort.
Do you agree?
Please circle Yes or No f o r each proposed condition.
a. Design and layout requirements
YES
b. Minimum seating requirements
YES
NO
c. Maximum numbers of
d. Training requirements for staff
e.
NO
staff/managers on duty
f. Prescribed ratio of security staff to patrons
YES
g. Uniform requirements e.g. high visibility vests for security
NO
h. Queue management
NO
YES
NO
Provision of food
k. Ten minutes of "no alcohol service' every hour
No "shots" served after midnight
YES
YES
m. Limits on the number of drinks sold in any one transaction
YES
n. Restrictions on use of glass vessels
YES
o. Minimum wind−down periods (or short duration closings − to encourage a
break drinking and food consumption)
NO
p. Restrictions on discounts e.g. "happy" hours
q.
NO
to prevent sales to minors
NO
r. Restrictions on activities e.g. drinking games, cage fights
s. Provision of a place of safety for any intoxicated patrons
YES
163
NO
t. Availability of transport home for patrons
u. Cleaning the outside o f the premises and immediate environs
NO
v.
w. Signage and advertising
YES
x. Licensee to keep a register of incidents
YES
NO
y. Mandatory notification to Police of violent Incidents
Comments:
Question 10: Do you think the safety and vibrancy o f the Invercargill Central Business District
would be enhanced by the following?
Please circle Yes or No f o r each suggestion.
NO
a. Better public transport options at night
b. More lighting in the CBD
c. More
YES
NO
cameras in public spaces
d. More enforcement of liquor bans
e. An
place
(
fine for being intoxicated and/or being a nuisance in a public
f. Greater Police presence
YES
ES
NO
165
Please select one:
El I do not wish to discuss my submission at the hearings, but give permission
for the Invercargill Licensing Trust to discuss my main points
I wish to discuss the main points of
submission at a hearing
Your name:
Contact address:
S
Phone
Email:
Signature:
THE
Date:
0
SUBMISSIONS
Head Office
Your submission on the draft Policy must be returned to
time in turn for the ILT to
by midday, Friday
March 2014 to
March 2014.
submit on your behalf by
Only a person or agency that has made a submission on a draft LAP will be able to
appeal against any element of the resulting provisional LAP.
Privacy statement: All submissions (including name and contact details) are
published and made available to elected members of the Council and the public.
Personal
supplied will be used for the administration and reporting back
to elected members of the Council and the public as part of the consultation process.
489
167
169
the statements
495
answer the questions and return
agree
I submit to
City
Gore District Council and Southland District Council with regards to the Draft
I enjoy
it not fair to
in Southland. I
Southland benefits from a
run hospitality industry, that caters for everyone including the
own.
lam
2am
3am
4am
the District
to trade to (please circle one):
I
9pm
Please
YES or
YES or
YES or
one
I would
Name
Email
.
Address
Signature
Please
the
of this page for
about the Draft Local Alcohol Policy
171
SCANNED
2014496
2
Browse Responses
View
Displaying 17 of 27 respondents
17
Respondent Type: Normal Response
Collector: New Email Invitation (Email Invitation)
Email: speightsalehouseilt.co.nz
Name: Stephen
Custom Value: Speight's Ale House Invercargill
IP Address: 111.69.80.69
Response Started: Thursday, March 13, 2014 10:10:52 am.
Response Modified: Thursday, March 13, 2014 10:20:21 a.m.
1. What do you think the latest trading hour for on−licenses (bars, taverns, hotels, entertainment venues) in the Invercargill Central
Business District should be? (please select one)
4am
2. What do you think the latest trading hour for on−licences (bars, taverns, hotels, entertainment venues) in Invercargill (other than the
Central Business District area) should be? (please select one)
lam
3. What do you think the latest trading hour for on licences in Gore/Southland District should be? (please select one)
4am
4. What do you think the latest trading hour for restaurants should be? (Currently trading till 3am)
12am
5. What do you think the maximum trading hour for off−premises should be?
Other (please specify) − 9pm
6. Due to the documented success of the voluntary Accords that are in place
continue?
the Southland region, do you think they should
Yes
7. The Council are proposing to trial a one way door for 12 months (from October 2014) for the Invercargill Business District Area and
Gore (all year round). This means that you will not be able to enter a
after lam. Do you agree that this is a good idea?
No
The
Anau area (six months of the year).
are proposing to trial a one way door from October 2014 to March 2015 for the
means that you will not be able to enter a premise after lam. Do you agree that this is a good idea?
No
9. The Council are proposing the following conditions could be imposed on a licensed
yes or no for each proposed condition)
of any
Do you agree? (please select
Don't
Yes No
know
Design and layout requirements
Minimum seating requirements
Maximum number of patrons
Training requirements for staff
Number of staff/managers on duty
Prescribed ration of security staff to patrons
Uniform requirements, e.g. high visibility vests for security
Queue management
173
Provision of food
X
10 minutes of "no alcohol
No
every hour
X
served after midnight
X
Limits on the number of drinks sold in any one transaction
X
Restrictions on use of glass vessels
X
Minimum wind−down periods (or short duration closings − to encourage a break in drinking and food
consumption
Restrictions on discounts, e.g. "happy" hours
X
Steps to prevents sales to minors
X
Restrictions on activities, e.g. drinking games, cage fights
X
Provision of a place of safety for any intoxicated patrons
X
X
Cleaning the outside of the premises and immediate environs
X
Use of CCTV
X
Signage and advertising
X
Licensee to keep a register of incidents
Mandatory
X
to Police of violent incidents
X
Comments?:
10. Do you think the safety and vibrancy of the Invercargill Central Business District would be enhanced by the following? (please select
yes or no for each suggestion)
Yes
Better public transport options at night
X
More lighting in the CBD
X
More CCTV cameras in public spaces
X
More enforcement of liquor bans
X
An instant
X
for being intoxicated and/or being a nuisance in a public place
No
Don't know
Greater Police presence
Comments?:
11. Overall, do you agree with the direction of the draft Local Alcohol Policy?
Strongly disagree
12. Do you have any other comments either about the content of the draft Local Alcohol Policy or about other matters you want included
in the policy?
No Response
13. Please select one
I wish to discuss the main points of my submission at the hearing
14. Contact Details
Your name: − Stephen Grieve
Phone Number: − 021 039 1953
Email: −
Please tick the statements
agree
497
answer
I submit to Invercargill City Council, Gore
Council and Southland District Council with regards to the Draft
I enjoy
In Southland. I
Is not fair to penalise the majority of people who go out
personal
the
I am worried I would be left
on my
own.
I think all bars; taverns and hotels in the
lam
2am
should be able to trade to (please
3am
I
all bottle stores/off
one):
one):
in the District should be able to trade to (please circle one):
9pm
12am
one
YES
r NO
YES or
NO
I
Please note if you
this box Council will contact you to give you an appointment to speak at the
verbal
sessions.
otherwise
not acknowledge this
Name
Daytime Phoi
Email
Address
Signature
Please use the
of this page for
about the Draft
175
Alcohol
515
Please tick the statements you agree with, answer the questions and return this form to register your opinion.
I enjoy socialising in Southland. I believe is not fair to
rsonal responsibility and not more regulations.
rural and shift working
the same hours as the bars in the inner
One way door policies do not work and cause more problems than they
friends
left outside on my
bar
could
would
be
and
I
lam
not get Into the
were in, I am worried I
my
own.
In the District should be able to trade to (please
I think all bars; taverns
lam
one):
2am
4am
2am
one):
3am
I think all bottle stores/off licenses In the
4am
trade to (please
one):
12am
YES
NO
You must complete your details otherwise Council will not acknowledge this submission.
Name
Email
Address
the back of this page for any additional comments about the Draft Local Alcohol Policy
177
Please
the statements you agree with,
541
the questions and
I submit to Invercargill City Council, Gore District Council and Southland District Council with regards to the
Southland. I believe it Is not fair to
I enjoy
Southland
rural and
working sectors.
city/towns.
own.
lam
one):
4am
2am
lam
3am
Please
r NO
YES
YES or
NO
You must complete your details otherwise
will not acknowledge this submission.
Name
Daytime Phoi
Email
Address
179
Please use the back of this page for any
about
Local Alcohol
Draft Local Alcohol Policy
Please
545
you agree with, answer the
the
the Draft
submit to Invercargill City Council, Gore District Council and Southland
Local Alcohol Policy that: (please tick If you agree
the following statements)
Southland. I believe is not fair to
I enjoy
Southland and behave well, because of a small
Southland
the same hours as in the Inner
own.
I think all bars; taverns and hotels in the District should be
lam
to (please circle one):
4am
2am
I think
restaurants
2am
4am
3am
I think all bottle stores/off licenses in the District should
trade to (please circle one):
12am
9pm
one
or
NO
YES or
or
NO
note if you tick this box Council will contact you to give you an appointment to speak at the
l submission sessions.
otherwise Council will not acknowledge this
Name
Daytime
Email
Address
181
use the back of this page for any additional comments about the Draft Local Alcohol Policy
328
Council and Southland District Council with regards to the Draft
I submit to Invercargill City Council, Gore
fair to
Southland. I believe Is
I enjoy
the
the liquor bans.
streets and those who drink the streets
that bars, taverns and restaurants outside of the
I
city/towns.
One way door policies do not work and cause more problems than they solve. all the doors
at
lam and could not get into the bar my friends were
own.
I think all bars; taverns and hotels in the District should be able to trade to lplease
lam
2am
3am
lam
2am
3am
one):
4am
9pm
Please
I normally have a
before I visit licensed premises
NO
I would like to
one
YES or
NO
or
NO
to
You
not
this
Name
Email
Address
use the
of this
for
Draft
Alcohol
183
the statements you
with,
the
233
and return
submit to Invercargill City Council, Gore District Council and Southland District
Local
Policy that: (please tick you agree
statements)
the
I enjoy
In Southland. I believe
not fair to
Southland and behave well, because of a small
responsibility and not more regulations.
Southland
and restaurants outside of the CBD should have the opportunity to trade
I think that bars,
hours as In the Inner city/towns.
I am worried I would be left
lam and could not get Into the bar my friends were
on my
own.
lam
3am
lam
I
2am
I think all bottle
licenses in the District should be able to trade to (please circle one):
the bars
I
3am
come out earlier
YES
or
ier will party somewhere else
NO
or NO
note if you tick this box Council
You must
your details
contact you to give you an appointment to speak at the
Council
not acknowledge this submission.
Name
Address
185
use the
of this
for any additional
Policy

Submissions To Be Heard in Invercargill

Transcription

Similar documents

24 september 2015 principals comment issue 16 calendar of events

Newsletter 21 06 2013

Freehold For Sale due to Relocation £850,000

CHILDCARE CENTRES

Brochure

Summer 2015

Article Sjogren Juni 2007.indd

Pfaltzgraff - IRS Auctions!

document: File - Property Pilot

Summer 2014 Newsletter copy