Bylaws Part 02: Amusement Devices and Amusement Galleries

The objective of this Bylaw is to ensure that amusement devices and amusement galleries are operated in a safe and sanitary manner and do not cause a nuisance to the public or users of the facilities. The Bylaw is made under the Local Government Act 2002, the Health Act 1956, the Amusement Devices Regulations 1978 and the Machinery Act 1950.

1.0 Short Title and Commencement

1.1 The title of this bylaw is the Hastings District Council Amusement Devices and Amusement Galleries Bylaw 2007, being part 2 of the Hastings District Council Bylaws.

1.2 This bylaw comes into force on 1 October 2007 and the Amusement Devices and Amusement Galleries Bylaw being Part 2 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0 Scope

2.1 The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

2.2 This Bylaw is made under the authority of Section 145 and 146 of the Local Government Act 2002.

3.0 Definitions

AMUSEMENT shall mean and include the playing or using for payment or otherwise of mechanical and electronic or video games or devices, pool, billiards, snooker, miniature golf, gallery shooting, computer games and other similar games of skill, recreation or entertainment.

AMUSEMENT DEVICE means a power driven device which is erected, fixed, or set up and used, or let, or is intended to be used or let on hire and includes a whirligig, merry-go-round, chair-o-plane, swing, ferris wheel, or other riding device.

AMUSEMENT GALLERY shall mean and include all buildings to which persons are admitted with or without fee and which are or may be used for the purposes of any amusement but does not include:

(a)  A premises licensed under any Act relating to the sale of liquor.

(b)  A dairy, takeaway bar or other premises in which there are no more than two mechanical or electronic amusement games installed.

COUNCIL means the Hastings District Council or a duly authorised officer of Council

DUTY MANAGER shall mean a person who from time to time manages an amusement gallery, not being the person so named in the amusement gallery licence.

MANAGER shall mean and include the proprietor or manager of an amusement gallery, the person or persons by whom such amusement gallery is occupied or conducted, the person or persons applying for the licence for the amusement gallery or the person or persons named in the licence as the manager of the amusement gallery.

PROPRIETOR when used in relation to an amusement device as herein defined includes any person who, either on his own behalf or on behalf of any other person, lets on hire or causes allows to be used or let on hire such amusement device or any seat or place in or upon such device.

4.0 Amusement Devices

4.1 No person shall use any land or building or any part of any land or building, structure, or enclosure, or any part of any public place as a site for an amusement device to which the public have admission or access by payment or otherwise, until a permit under the Amusement Devices Regulations 1978 to operate such device is obtained from Council.  The term of any such permit shall not exceed one year.

4.2 In addition to regulations contained in the Amusement Devices Regulations 1978, the proprietor of an amusement device shall, for the prevention of danger from such device -

(a) Cause such amusement device to be so placed as to have about it a clear space from the outermost point covered or which may be overhung by such device, to the satisfaction of a duly authorised officer of Council;

(b) Cause such amusement device to be erected in a proper manner, and sited on ground able to support the device under full operating conditions without risk of subsidence and to the satisfaction of the officer appointed by the Council to inspect such device.  Compliance with such officer's directions (if any) in this case will not absolve the proprietor from the prime responsibility for ensuring that the requirements of this subclause are carried out;

(c) Cause every part of such amusement device and of the apparatus for driving the same to be maintained at all times in good repair and condition, and to be under proper management and control;

(d) Cause the apparatus for driving such amusement device to be tended and regulated by a competent person responsible for the care and management of such appliance; and

(e) Cause such amusement device, if in motion and if any person riding in or upon such device be ill or wishes to get of it immediately, to be stopped as quickly as may be practicable for the purpose of allowing such person to alight or to be removed from such device.

4.3 The proprietor or any other person for the time being having the management or control of any amusement device or of the apparatus for driving the same, or any part of such device or apparatus, shall, in the exercise of such management or control, take all reasonable and proper care so as to prevent danger to any person or property.

4.4 Such proprietor or other person shall not cause or suffer such amusement device to be driven at any greater speed than shall be consistent with the safety of any person riding in or upon such device and with all other circumstances attending or affecting the use thereof.

4.5 Such proprietor or other person shall not cause or suffer such person to enter or mount upon such amusement device at any time when such device shall be already occupied by the full number of persons for whose accommodation such device shall be constructed or intended or adapted to be used.

4.6 No person shall -

(a) Knowingly enter or ride on any amusement device or any part thereof at any time when such device or such part thereof shall be already occupied by the full number of persons the device was designed or intended for;

(b) Behave in a disorderly or improper manner so that the use of such amusement device may be attended without danger to any person;

(c)  Wilfully, improperly, carelessly or negligently, interfere with the due management and control of such amusement device, or with the apparatus for driving the same, or with any fastening, fitting, or appliance connected with such device or apparatus;

(d) Otherwise do any act which may cause danger to any person or property from such amusement device.

4.7 The proprietor or person in charge shall not allow any person under the influence of alcohol or drugs to mount or enter on or operate or be in charge of or use any amusement device.

5.0 Amusement Galleries

5.1 No amusement gallery shall be occupied or used for the purpose of any amusement unless licensed under this Part of this Bylaw.

5.2 Every application for a licence shall be in writing by the proposed manager of the amusement gallery and shall set forth the name, address and occupation of the applicant, the address of the building sought to be licensed, the type or types of amusements proposed to be engaged in and the mechanisms the applicant proposes to implement to deal with any matters arising in regard to inappropriate behaviour affecting neighbouring businesses.

5.3 No licence shall be granted except on payment of such fee as may from time to time be prescribed by resolution of the Council.

5.4 Prior to the issue or renewal of any licence the Council shall be satisfied as to the character of the applicant for such licence and may call upon the applicant to provide two references from responsible persons vouching for the applicant's good character and for a police report as to the applicant's suitability.

5.5 Council shall also be satisfied as to the character of the duty manager and may call upon the duty manager to provide two references from responsible persons vouching for the duty manager’s good character and for a police report as to the duty manager’s suitability.

5.6 Every such licence shall remain in force from the date of issue until the 30th day of June following and shall be renewed annually.  The annual fee for each licence shall be such sum as may from time to time be fixed by the Council.

5.7 The Council may at any time cancel or suspend the licence granted for any amusement gallery if the manager shall be convicted of any offence against this Bylaw or of any offence  relating to his or her character or conduct as such manager or if a duly authorised officer of Council shall be satisfied that the manager is acting or has acted in a manner contrary to the true intent and meaning of this Part of this Bylaw.  During the period of suspension the amusement gallery shall be deemed to be unlicensed, and shall cease to operate.

5.8 The manager of any amusement gallery shall, display a copy of the licence in a suitable and conspicuous position in such room at all times.

5.9 The manager shall at all times -

(a) Provide sufficient toilet accommodation in accordance with the New Zealand Building Code for use by staff and persons using the amusement gallery;

(b) Keep the amusement gallery and conveniences in good repair, in clean condition, and well ventilated, to the satisfaction of a duly authorised officer of Council.

5.10 Where, in the opinion of the Council, the conduct of an amusement gallery is considered contrary to the true intent and meaning of the bylaw the Council may require the removal of any amusements or take such other action as is deemed appropriate.

6.0 Behaviour Controls

6.1 The manager or duty manager shall be on duty at all times that the premises are open to the public.

6.2 From and after the issue of any licence issued pursuant to this Bylaw and while he or she shall be the manager of the amusement gallery, the manager shall be personally responsible for the proper conduct of such amusement gallery and shall personally see that all the provisions or requirements of this Part of this Bylaw are duly carried out and observed.

6.3 The manager or duty manager of any amusement gallery shall not allow any intoxicated person or person under the influence of alcohol or drugs to enter or to remain in such amusement gallery nor shall the manager or duty manager allow any person to use obscene, or improper language, or behave in a noisy or improper manner or allow the congregation of people associated with patrons of the amusement gallery on the footpath to the extent that a nuisance is caused to passers-by or businesses in the area.

6.4 The manager or duty manager shall not allow any person under the age of sixteen years at any time during ordinary school hours to enter into or upon or remain or be in the amusement gallery.

6.5 If any food or drink is to be sold or intended to be sold in any amusement gallery, the approval of a duly authorised officer of Council must be obtained before any licence is granted, and the manager shall comply with all Statutes, Regulations and Bylaws relating to premises in which food or drink are sold.

7.0 Right of Appeal

7.1 Any manager or proprietor of any amusement device, amusement gallery who disagrees with any decision, order or direction given by a duly authorised officer of Council shall have the right of appeal to the Hearings Committee of Council which may revoke, confirm or modify any such decision, order or direction.

7.2 Any suspension or cancellation of a licence remains in force pending a decision from Council in relation to clause 7.1.

This bylaw was made by the Hastings District Council at a meeting of the Council on 20 September 2007 and must be reviewed within 10 years from commencement