Community Engagement with Alcohol Licencing

1. Community Engagement with Alcohol Licencing Rob O’Brien Alcohol Harm Reduction Project Coordinator Community Law Wellington and Hutt Valley Community Law Centres Aotearoa

2. Purpose of this Presentation To discuss how we can work together to improve community participation in the licencing process to (in turn) better fulfil the purpose of the Sale and Supply of Alcohol Act. Community Law Centres Aotearoa

3. What did the Politicians say? Accessing alcohol is easier when there are more licences, and communities have been telling us that they are concerned about the proliferation of stores selling alcohol in their areas…It is very important that we allow communities to decide what it is best for them, especially given the aim of increasing community input and control over licensing. Judith Collins (Minister of Justice) 11 December 2012, Hansard vol 686, pg 7348 Community Law Centres Aotearoa

4. What did the Politicians say? • The [Sale and Supply of Alcohol Bill] also aims to empower local communities to determine where and how alcohol is sold… Peter Dunne (from a speech entitled “Alcohol Law Reform – the changes and the reasons behind them” 8 September 2012) Community Law Centres Aotearoa

5. What did the Politicians say? • I expect the Bill will pass by the end of this year. Once passed, the Justice Ministry will work closely with the Institute, local authorities and those with an interest in alcohol reform to ensure it works really well on the ground. Judith Collins addressing the NZILLI Conference September 2012 Community Law Centres Aotearoa

6. The current law in a nutshell • People can apply for various kinds of licences to sell and supply alcohol. • Three agencies ‘must’ advise on suitability and oppose if warranted. • The community may object. Community Law Centres Aotearoa

7. This is a Pilot Project The project is funded by The Health Promotion Agency Community Law Centres Aotearoa

8. Where is taking place? The project is taking place in 6 community law centres: • Taitokerau (Whangarei) • Central Auckland • South Auckland • Waikato • Wellington & Hutt Valley • Canterbury Community Law Centres Aotearoa

9. Two Organisations: A Good Fit Health Promotion Agency • Among HPA’s many functions is to help prevent and reduce alcohol related harm. • Including by influencing policies, practices and the management of environments to support people to drink at low-risk levels or not drink. Community Law Centres Aotearoa

10. Two Organisations: A Good Fit Community Law • Among the objectives of the network of Community Law Centres is to empower communities by educating people regarding the law and legal processes. • Community Law Centres are situated all round the country. Community Law Centres Aotearoa

11. Like Any Pilot It Has A Goal If the Project does show improved community participation in the alcohol licencing process HPA expects to recommend to the Ministry of Justice funding for all Community Law Centres to provide such support on an ongoing basis Community Law Centres Aotearoa

12. My Job Title Is Mis-leading… • It’s about Community Engagement with a legal process • It’s about awareness and education • The language of the Sale and Supply of Alcohol Act requires that engagement to be in the form of Objecting to Licence applications Community Law Centres Aotearoa

13. What the Project Does Not Do • Do not give legal advice • Do not provide advocacy services Community Law Centres Aotearoa

14. Perceptions • Community voices are not really wanted in the licencing process • Local Authorities always favour business over communities • Licencing Inspectors are on the side of the booze companies • Communities most severely affected by alcohol harm are the least likely to be given a chance to have a say in the availability of alcohol in their neighbourhoods • Money talks Community Law Centres Aotearoa

15. Deterrent • OED definition: “A thing that discourages or is intended to discourage someone from doing something” Community Law Centres Aotearoa

16. Obvious Hurdles for People • Identifying when an application has been publicly notified is hard. • Even if I am aware of the notice on the first day, I only have three weeks in which to object. Community Law Centres Aotearoa

17. Obvious Hurdles for People • Where do I need to send or take my objection? • What personal information must I include in my objection? Who will get to see that? • Do I have to give reasons for my objection? • How much supporting evidence must I provide? • Who at Council can I speak to help me complete my objection? Community Law Centres Aotearoa

18. Deterrent: Examples • Restrictive Criteria for Standing • Residence and Work criteria only • Arbitrary distances • Community Groups and the adversarial approach Community Law Centres Aotearoa

19. Deterrent: Examples • Lack of Privacy & Burdensome Next steps • Every objector’s contact details are provided to the applicant • Every objector’s contact details are provided to every other objector • Objectors are supposed to supply their evidence to every other person involved. Community Law Centres Aotearoa

20. Deterrent: Examples • Location of hearing. • Timetabling of hearing. Community Law Centres Aotearoa

21. Deterrent: Examples • Legalistic, Daunting and Adversarial Nature of the Process. Community Law Centres Aotearoa

22. What Can The Project Do Alone? • De-mystify the process. • Help people understand timeframes and parameters • Educate people on delivering their oral submission / evidence • Educate people on what it is like to be cross-examined Community Law Centres Aotearoa

23. What Can the Project Achieve with Assistance from Council? • Better community awareness of applications. • Easier initial participation in the process. • Better informed communities as to the functions and duties of Council and the limitations on its powers to act. • More efficient hearings. Community Law Centres Aotearoa

24. You Already Have A Collaborative Function s. 295 Duty to collaborate The Police, inspectors, and Medical Officers of Health within each territorial authority’s district must— • establish and maintain arrangements with each other to ensure the ongoing monitoring of licences and the enforcement of this Act; and • work together to develop and implement strategies for the reduction of alcohol-related harm. Community Law Centres Aotearoa

25. Where do Licencing Inspectors fit in to this? • Acknowledge the statutory duty to be “independent” • You are part of a broader team at Council • You have the most knowledge of the law Community Law Centres Aotearoa

26. Where do Licencing Inspectors fit in to this? • Best placed to gather and produce in evidence information that is collected by other parts of Council: • Noise • Graffiti • Parking • Litter • Council funded community services • Call Council witnesses Community Law Centres Aotearoa

27. What Might Be The Outcome • Enable people to focus on and speak to their story to inform DLC decision making Community Law Centres Aotearoa