Bylaws Part 24: Liquor Control

Liquor Control Bylaw

The Bylaw is introduced pursuant to section 147 of the Local Government Act 2002.  Pursuant to section 169 and section 170 of the Local Government Act 2002, the Police can enforce this Bylaw.

This Bylaw controls the consumption and possession of liquor in specified public places and for certain special events.  The Bylaw includes a process to obtain prior Council written permission to authorise events that would otherwise breach the Bylaw. The Council will install signs to communicate the terms of the Bylaw to the public.

The purpose of this Bylaw is to address concerns relating to potential and actual criminal offending and public safety that are linked to the possession and/or consumption of alcohol in public places. It is a proactive restriction to limit alcohol consumption or possession in public areas to contribute to the improvement of public safety and to reduce alcohol-related offending.

This bylaw also contains provisions allowing for the control of consumption and possession of liquor in other specified public areas, either generally or for specified periods or events by future resolution of Council.

1.0 Short Title and Commencement

1.1 The title of this Bylaw is the Hastings District Council Public Places Liquor Control Bylaw 2009, being part 24 of the Hastings District Council Bylaws.

This bylaw comes into force on 27 April 2009 and the Hastings District Council Public Places Liquor Control Bylaw 2004 being part 24 of the Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0 Scope

2.1 This Bylaw is made under the authority of Section 147 of the Local Government Act 2002.

2.2 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.

3.0 Definitions

In this Bylaw, if not consistent with the context, -

CONTAINER includes any object used for or capable of holding, transporting or storing items, including, without limitation, any parcel, package, bag, case, perambulator or pushchair, shopping or sporting trundler, wheelbarrow or hand-trolley, child’s toy, or wheelchair.

COUNCIL means the Hastings District Council.

GENERAL PROHIBITION means a prohibition under section 5 of this Bylaw, whether specified in the schedule to this Bylaw, or in a resolution under section 151(2), Local Government Act 2002.

LICENSED PREMISES means premises licensed under the Sale of Liquor Act 1989 and includes any licensed premises that occupies a paved area on legal road or Council land where permission to occupy has been granted by the Council.

LIQUOR means liquor as defined in the Sale of Liquor Act 1989.

OFFENCE means an offence under section 239 of the Local Government Act 2002, that is a breach of the bylaw prohibiting the consumption or possession or both of liquor in, or the bringing of liquor into the public place.

PUBLIC PLACE means a public place:

(a) (i) That is under the control of the Hastings District Council, and
(ii)  That is open to, or being used by, the public, whether or not there is a charge for admission, and
(b) Includes: -
(i) A road, whether or not the road is under the control of the Hastings District Council, and
(ii)  Any part of a public place

PUBLIC HOLIDAYS  A Public Holiday shall be deemed to include Waitangi Day, Good Friday, Easter Monday, ANZAC Day, Queen’s Birthday Monday, Hawke’s Bay Anniversary Day, Monday of Labour Weekend, Christmas Day and New Year’s Day.

SPECIFIED PERIOD means the days and times specified in the schedule to this Bylaw.

FURTHER SPECIFIED PERIOD means a further period or periods specified in a resolution, or resolutions, passed by Council for the purpose of this Bylaw and within which the prohibitions and controls in this Bylaw will apply in relation to a particular specified public place.

SPECIFIED PUBLIC PLACE means any public place that is within an area described in a Schedule to this Bylaw, and/or any place so specified under section 5 of this Bylaw. 

4.0 ACTS PROHIBITED IN SPECIFIED PUBLIC PLACES WITHIN THE HASTINGS DISTRICT COUNCIL

4.1 The following acts are prohibited by this bylaw:

(a) During a specified period, further specified period, or where a general prohibition applies:

(i) Consuming, bringing into or possessing liquor in a specified public place;  or
(ii)  In conjunction with the prohibition in (i), having or using a vehicle in a specified public place.

5.0 Designation of Specified Public Areas

5.1 Specified Public Places are, initially, those described in the Schedules to this Bylaw.

5.2 From time to time, additional areas may be designated as Specified Public Places with either a general prohibition on the possession or consumption of liquor or for Specified Periods, related to specified events, or specified periods of the year.

5.3 Council may designate such additional areas by resolution as provided for in section 151(2) of the Local Government Act 2002. 

5.4 Where additional areas are so designated, a minimum of 14 days’ public notice shall be given specifying the additional areas, and whether the prohibition is a general prohibition or for a specific period, periods, or event. 

5.5 Public notices shall also be affixed in or adjacent to the additional areas at such times. 

5.6 A resolution made under this section may be made, amended or revoked at any time.

5.7 Before specifying a public place under this section the Council will consider:

(a) Whether liquor is likely to be present in a public place on the days or periods specified;

(b) Information about the nature of the locality and the reasons why the prohibition or control is being sought;

(c)  The scale and nature of the area proposed for the prohibition or control;

(d) Whether or not private rights will be unnecessarily or unjustly limited;

(e) Whether (and if so, the extent to which) it is necessary to consult the public to gauge community views on a proposed prohibition or control;

(f) Any recommendations, advice or other comments received from the Police in relation to the proposal;

(g) Any other information considered by the Council to be relevant.

6.0 Exceptions to Prohibition For Residents and Their Visitors

6.1 Prohibitions in this Bylaw do not apply, in the case of liquor in an unopened bottle or other unopened container, to the direct transport from outside a Specified Public Place to premises that adjoin the Specified Public Place –

(a) By, or for the delivery to, a resident of those premises or by his or her bona fide visitors; or

(b) From the premises to a place outside the Specified Public Place by a resident of those premises or his or her bona fide visitors, provided the liquor is promptly removed from the Specified Public Place.

7.0 Exemptions To Prohibition For Licensed Premises

7.1 Prohibitions in the Bylaw do not apply: -

(a) In the case of liquor in an unopened bottle or other unopened container to transport of that liquor from premises that adjoin a Specified Public Place during any period when, under the Sale of Liquor Act 1989, it is lawful to sell liquor on those premises for consumption off the premises, provided the liquor is promptly removed from the Specified Public Place;

(b) In the case of an unopened bottle or other unopened container to transport of that liquor from outside the Specified Public Place for delivery to premises that adjoin the Specified Public Place, provided the premises are licensed for the sale or consumption of liquor under the Sale of Liquor Act 1989;

(c)  The possession and/or consumption of liquor at any licensed premises within the Specified Public Place in compliance with a licence for the sale and/or consumption of liquor under the Sale of Liquor Act 1989, that include footpath areas, legal road or Council land where permission to occupy has been granted by Council, the area is licensed as part of those premises and is clearly defined by the placement of tables and chairs outside those premises.

8.0 Special Licenses

This Bylaw does not limit any individual or organisation (corporate or otherwise) in obtaining a Special Licence pursuant to section 73 of the Sale of Liquor Act 1989, for any event to be held in a specified public place.

9.0 Power of Waiver, Dispensation and Suspension for Special Events

9.1 The Chief Executive Officer of the Council may, on application by any person including a Council officer, grant a waiver, dispensation or licence to do or refrain from doing anything which would otherwise be in breach of this Bylaw for the purpose of enabling possession and/or consumption of liquor in a public place at the time of any special event.

9.2 Such a waiver, dispensation or suspension of operation of any part of this Bylaw shall be granted only in respect of specific time periods and specific locations associated with the special event, to enable better enjoyment of the event by members of the public.

9.3 In considering any such application, the person responsible for making a decision shall obtain and consider a response from New Zealand Police to the request, including the reasons for that response.

9.4 When any such waiver, dispensation or suspension is granted, public notice of the waiver, dispensation or suspension shall be given by public notice advertisement in the daily newspaper circulating in Hastings District at least 14 days prior to the commencement of the period when the waiver, dispensation or suspension commences.

9.5 The applicant may be required to pay the Council a fee or charge to cover any actual and reasonable costs associated with the public notice, processing the application or obtaining a Police response to the application under this section.

10.0 Powers of the Police

10.1  As provided in section 169 of the Local Government Act 2002, a police constable is empowered to enforce this Bylaw, and is authorised to:

• Search a container or vehicle entering a public place
• Seize and remove the liquor if the liquor is in breach of the Bylaw
• Arrest a person who has been asked and refused to either leave a public place or to surrender liquor that is in breach of the Bylaw

10.2  No warrant is required for the police to conduct a search to ascertain whether liquor is present in a container or vehicle that is in or entering the public place.

10.3  In addition to their general powers under sections 169 and 170 of the Local Government Act 2002, any member of the New Zealand Police may exercise the power under section 170(2) of that Act (to search a container or vehicle without further notice) in a specified public place on such specified dates as may be notified by the Council from time to time in accordance with section 170(3) of the Act.

11.0  Offences

11.1  Every person who breaches this Bylaw commits an offence under section 239 of the Local Government Act 2002 and is liable upon summary conviction to a fine not exceeding $20,000.

11.2  Any person commits an offence who:

(a) Consumes or possesses any liquor in a public place in breach of a prohibition under this Bylaw; or

(b) Breaches, or permits a breach of, the terms of any waiver, dispensation or suspension granted pursuant to section 8 of this Bylaw.

Schedules

Schedule A : Havelock North Liquor Ban

Specified Public Places

All public places shown on the Havelock North Liquor Ban Plan A, including streets, roads, footpaths, car parks and parks within the area bounded by:

• The northern side of Karanema Drive from the Havelock North Bridge over the Karamu Stream to and including the intersections of Martin Place, Havelock Road, Napier Road and Te Mata Road,

• The southern side of Te Mata Road to and including the intersections with Karanema Drive and Duart Road,

• The eastern side of Duart Road to and including the intersections of Te Mata Road and Campbell Street,

• The southern side of Campbell Street to and including the intersections with Duart Road, Shortland Place, Busby Hill, Joll Road and Porter Drive,

• The south western and western side of Porter Drive to and including the intersections with Campbell Street, Middle Road, and Te Aute Road to the pedestrian access way into Anderson Park off Porter Drive,

• The southern side of the pedestrian access way between Porter Drive and Anderson Park,

• The southern and western boundaries of Anderson Park, including the car park and environs of the Havelock North Rugby Club accessed from Te Aute Road,

• The Karamu Stream boundary of Anderson Park, and

• The intersection of Havelock Road and the Karamu Stream Bridge

Specified Period

On Every Day at Any Time

Plan A:  Havelock North Liquor Ban

[Click to enlarge]

Schedule B : Hastings City Liquor Ban

Specified Public Places

All public places shown on the Hastings City Liquor Ban Plan B, including streets, roads, footpaths, carparks and parks within the area bounded by:

• The eastern side of Willowpark Road (North and South) up to the boundary of private property, from St Aubyn Street East to and including the intersection with  Southampton Street East, including the intersections with Avenue Road East, Queen Street East, Heretaunga Street East, Maddison Street, and Buller Street,

• The southern side of Southampton Street (East and West) up to the boundary of private property, from Willowpark Road South to and including the intersection with Maraekakaho Road, including the intersections with Hastings Street South, Karamu Road South, Railway Road, Market Street South, King Street South, Nelson Street South, Southland Road, Charles Street, Lascelles Street, Pepper Street, and Townshend Street,

• The western side of Maraekakaho Road up to the boundary of private property, from Southampton Street West to and including the intersection with  Heretaunga Street West,

• The western side of Pakowhai Road up to the boundary of private property, from Heretaunga Street West to and including the intersection with St Aubyn Street West, including the intersection with Ikanui Road,

• The northern side of St Aubyn Street (West and East) up to the boundary of private property, from Pakowhai Road  to and including the intersection with Willowpark Road North, including the intersections with Hinau Street, Brunswick Street, Grays Road, McLean Street, Tomoana Road, Nelson Street North, King Street North, Caroline Road, Holt Place,  Karamu Road North, Warren Street North, Hastings Street  North, and Miller Street North.

Specified Period

On Every Day at Any Time

Plan B: Hastings City Liquor Ban

[Click to enlarge]

Schedule C : Waimarama Liquor Ban

Specified Public Places

All public places shown on the Waimarama Liquor Ban Plan C, including:

• All beach areas extending to mean high water springs, and beach reserves, from Pututaranui Point in the north to Te Puku Point in the south,

• All streets roads, footpaths, carparks and parks within the residential area of Waimarama, from the Waimarama Bridge and the Puhokio Stream in the north to Te Puku Point in the south, and

• Tiakitai Road from its intersection with Waimarama Road.

Specified Period

At any time within the thirty hour period commencing at 6.00 pm on New Year’s Eve 31 December and ending 12.00 midnight on New Year’s Day 1 January on each and every year.

Plan C : Waimarama Liquor Ban

[Click to enlarge]

Schedule D :  Flaxmere Liquor Ban

Specified Public Places

All public places shown on the Flaxmere Liquor Plan D, including streets, roads, footpaths, carparks and parks within the area bounded by:

• The western side of Caernarvon Drive up to the boundary of private property, from and including the more southern intersection with Swansea Road, to and including the intersection with Chatham Road, and including the intersections with Berwick Street and Tenby Terrace,

• The northern side of Chatham Road up to the boundary of private property, from Caernarvon Drive to a line level with the northwestern boundary of  Flaxmere College, and including the intersections with Amundsen Avenue, Baffin Place, and the two intersections with Columbus Crescent,

• The western boundary of 105 Chatham Road, then the north-western boundary of Flaxmere College from Chatham Road to Henderson Road along the western boundary of 36 Henderson Road,

• Henderson Road from a line level with the western boundary of 36 Henderson Road to the north-western boundary of Flaxmere Park,

• The north-western boundary of Flaxmere Park from Henderson Road up to and including the footpath running between Flaxmere Road and Plymouth Road, and including that area of Flaxmere Park which is bounded by Flaxmere Avenue,

• The footpath running through Flaxmere Park between 101 Flaxmere Road and 32 Plymouth Road,

• The south-eastern boundary of Flaxmere Park from the footpath running between Flaxmere Road and Plymouth Road, to Bristol Crescent, and including the grounds of St Clare’s Parish Flaxmere on Bristol Crescent,

• The south-eastern side of Bristol Crescent up to the boundary of private property, from a line level with St Clare’s Parish grounds to and including the intersection with Swansea Road, and

• The southern side of Swansea Road up to the boundary of private property, between and including the intersections with Bristol Crescent and Caernarvon Drive, and including the intersections with Peterhead Avenue and Sunderland Drive.

Specified Period

On Every Day at Any Time

Plan D – Flaxmere Liquor Ban

[Click to enlarge]

Explanatory Notes to the Public Places Liquor Control Bylaw

POLICE POWERS

It does not follow that the Police must prosecute for every situation where there is a breach of the Bylaw.  The Police have a prosecutorial discretion.  For example, the Police could elect to search and seize without charging the individual with an offence.

The Police advise that the Bylaw will be enforced and that their interest is in using the Bylaw as an early intervention tool to address issues associated with public place drinking that impacts on safety and offending.

It should be noted that section 170(2) of the Local Government Act 2002 empowers Police, on specified dates or in relation to specified events, such as may be resolved and notified by Council under section 5 of the Bylaw, to immediately and without further notice exercise the power to search a container or vehicle.  Express authority is required, under section 170(4) of the Local Government Act 2002, to be given to Police, and such authority is given to Police under section 5 of the Bylaw.

Note:
This Bylaw is introduced pursuant to the specific empowering provisions of the Local Government Act 2002 that provide for bylaws for liquor control purposes.

This Bylaw does not repeat or paraphrase those statutory provisions, and accordingly those provisions should be read in conjunction with this Bylaw.  In particular the following provisions are noted:

• Section 147 empowers the Council to make this Bylaw.  It also defines ‘liquor’ and ‘public place’.

• Section 147(3) sets out a number of specific exemptions when the Bylaw will not apply with respect to the transportation of unopened bottles or containers.

• Section 169 provides the police with powers of search and seizure without warrant, to enforce the Bylaw.  The Police are responsible for enforcing the Bylaw.

• Section 170 sets out certain conditions imposed on the Police powers of search under section 169.

This Bylaw has no effect on any other Police powers of search, seizure and arrest or any other statutory offences.

This Bylaw was made by the Hastings District Council at a meeting of the Council on 23 April 2009 and must be reviewed within 10 years from commencement.