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Learn about Matamata-Piako District Council's Local Alcohol Policy and how it aims to reduce alcohol-related harm. Discover the process of drafting and adopting the LAP, as well as the factors that can be included in it. Find out about recent appeals and the current status of the LAP.
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Local Alcohol Policy Matamata-Piako District Council 8 May 2015
What is a Local Alcohol Policy (LAP)? A set of policy criteria and decisions made by Council and the community about the sale and supply of alcohol in the District Decision makers must take LAP into consideration when making decisions Help decision makers better meet the Object of the Sale and Supply of Alcohol Act, 2012
The Object of the Sale and Supply of Alcohol Act (The Act) “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” Goal of LAP is to reduce alcohol related harm
Drafting a LAP Must develop draft LAP in consultation with Police, licensing inspectors and Medical Officers of Health When drafting LAP Council must “have regard to” – specific list of matters in section 78(2) of the Act District Plan, number and location of licensed premises in the District, liquor ban areas, the District residents and visitors, and the nature and severity of alcohol-related problems arising in the District.
What can be included in a LAP? • location of licensed premises referencing broad areas • proximity to premises of a particular kind • proximity to facilities • whether more licences or kinds of licences are to be issued in an area • maximum trading hours • discretionary conditions • one-way door restrictions • must NOT include matters not relating to licensing i.e. legal age limit
Adoption of a LAP by MPDC • Preconsultation • Council invites submissions to the draft • Council holds a Hearing of Submissions • After the Hearing Council may make changes to the draft LAP • Council gives public notice of a provisional policy (it is then open to appeal) • Provisional policy “adopted” 30 days after publically notified (or after any appeals resolved) =Active LAP
Appeals Previous process (Tasman, Waimak, Wellington) • New ARLA Practice direction • TCDC, Hauraki appeals • MPDC process
MPDC Appeal • Three appeals – Progressives and Bottle Stores • MOH and Police joined the appeal, the Police are not actively involved • Mediation – on a w/o prejudice basis have resolved all appeal points except the cap on bottle stores/liquor licences • Process from here – documents to ARLA to declare the LAP unreasonable, continue with mediation, Council to reconsider and resubmit. All submitters to be notified. May still have a hearing on the resubmitted LAP.