Local Alcohol Policies: What have we learned so far? Graham Caradus (Environmental Health Coordinator, Tasman District Council) Cathy Bruce (Principal Advisor Local Government, Health Promotion Agency) Ruth Littlewood (Senior Policy Analyst, Christchurch City Council) Lynley Beckingsale (Corporate Projects Analyst, Waimakariri District Council) Stuart Dodd (Alcohol Harm Minimisation Coordinator, Canterbury DHB) Senior Sergeant Glenn Nalder (District Prosecution Manager, NZ Police)

There is no obligation to have a LAP

The PLAP must be reasonable in the light of the object of the Act “Accordingly, when preparing a PLAP, the territorial authority must consider what must be incorporated in the PLAP to achieve the object of the Act in its locality. [1] If:[1] (a) The proposed measures constitute a disproportionate or excessive response to the perceived problems; or (b) Its proposed measures are partial or unequal in their operation between license holders; or (c) An element of a PLAP is manifestly unjust or discloses bad faith; or (d) Is an oppressive or gratuitous [interference] with the rights of those affected; Then it is likely that the new measures will be unreasonable in the light of the object of the Act.” [1] [1] B & M Entertainment & Anors v Wellington City Council [2015] NZARLA PH-21-28, para [19]

A precautionary approach may be used (provided it is evidentially based)

Elements of the LAP must not be outside the ambit of the Act

Keep it short In the Wellington decision ARLA noted that: “… it is clear that a LAP is intended to be a relatively short and clear expression of the policies … There is no need for it to contain any matters extraneous to licensing and, indeed, to do so may contravene s. 77 of the Act. It needs to be the sort of document that any member of the industry or any regulator can pick up and immediately discover the policy … applicable to a particular situation.”

Provide Reasons

Keep evidence locally focused A LAP: “is not a national policy and evidence of national characteristics will seldom be of value except to provide a background for evidence of local issues. It is a local policy prepared by local people who know and understand the local problems in their locality.” … evidence of research undertaken in other countries or even on a national basis in New Zealand, is unlikely to be of assistance … What is of assistance is what happens in the relevant district. The national or international research evidence needs to have a connection with what occurs in the district … it is the local issues that are relevant.” Wellington and Tasman Decisions

Trading hours “…accurate interpretation in the context of s.43 is that the default hours are by the statute itself deemed to be reasonable; as default maximum hours. The Authority is not convinced that this constitutes a presumption. Rather in the absence of a LAP with its own local considerations, the default hours are reasonable. They provide a useful guide or starting point as to those maximum hours that are reasonable in light of the object of the Act.” “In many cases (such as in Tasman) there are no on-licences exercising hours as extensive as the default hours. In such a situation, as was done in the Tasman decision, the existing trading hours (as distinct from licensed hours) applying in the district will prove a starting point.”

The distinct roles of the Council and the District Licensing Committee