CENTRAL CITY COMMITTEE

2 MAY 1996

A meeting of the Central City Committee

was held on Thursday 2 May 1996 at 4.00 p.m.

PRESENT: Councillor Margaret Murray (Chairman),

The Mayor, Ms Vicki Buck,

Councillors Graham Berry, Anna Crighton,

Newton Dodge, Alistair James,

Charles Manning and Barbara Stewart.

APOLOGIES: An apology for absence from Councillor Morgan Fahey was received and accepted. The Mayor and Councillor Alistair James arrived at 4.10 pm and were present for all clauses. The Committee reports that: PART A - MATTERS REQUIRING A COUNCIL DECISION

1. PROHIBITION OF ALCOHOL IN PUBLIC PLACES RR 2640

Officer Responsible                    Author                        
Legal Services Manager                 Peter Mitchell                
Corporate Plan Output:  Legal Advice page 4.3.5                         

At its meeting on 11 April 1996 the Committee resolved: "That the Legal Services Manager report to the May committee meeting with a view to preparing a submission to the Zone 5 Local Government Association meeting or the local members of Parliament seeking support for a change in legislation to allow councils to control consumption and carrying of alcohol in public places."

I have previously advised a seminar meeting of the Committee that territorial authorities do not have the power to prohibit the consumption or possession of alcohol in public places. At the present time the powers of a territorial authority relating to the control of alcohol are contained in section 709A of the Local Government Act 1974 which provides that a territorial authority may "...on the occasion of the holding in any public place or any part of a public place of any public event, function, or gathering..." prohibit the consumption of liquor and the possession of liquor containers. It will be noted that this power can only be exercised where there is a "public event, function, or gathering". Historically territorial authorities have used the power for parties they organise at New Year's Eve and this Council also uses the power in respect of the market days on each Friday in Cathedral Square. 1. Cont'd However, where there is not any public event, function, or gathering then a territorial authority does not have any other statutory power to prohibit the consumption or possession of alcohol in a public place. I understand that the Committee is of the view that a territorial authority should have such a power so as to provide better control of public places because consumption of alcohol is seen as a detraction from the amenity in public places and also leads to unruly behaviour by anti-social elements. The existence of such a power would, in the view of the Police, I understand, enable them to better control such elements and thereby enhance amenities. To achieve this objective it would be necessary for Parliament to authorise territorial authorities to prohibit the consumption or possession of alcohol in public places at the discretion of the territorial authority which is not linked to the requirement that there be a public event, function, or gathering. In my view such a proposal could be achieved by amending the existing section 709A of the Local Government Act so as to remove that linkage to public events, functions, or gatherings. The section contains powers for the Police to stop persons from drinking liquor or containing liquor and allows the Police to confiscate liquor containers. The section also contains a power for territorial authorities to prohibit vehicles being in public places at such public events, functions, or gatherings and I do not believe that there would be general support for the Council to exercise that type of a power on any occasion and clearly a separate provision would need to be made for the prohibition of vehicles. I believe that it would be preferable for there to be a statutory amendment to enable territorial authorities to prohibit the consumption or possession of alcohol in public places because although an alternative would be for Parliament to give territorial authorities the power to make a bylaw, I anticipate that there would be argument over the validity of such a bylaw and there may be problems regarding the certainty of such a bylaw. For this reason my preference would be that if the Council is to pursue this matter then it seek a statutory amendment to the Local Government Act. If the Council wishes to promote such a statutory amendment then a logical first step would be to take the matter up with the Local Government Association to see if there is wide-spread support amongst other territorial authorities for such a statutory amendment. If a consensus can be reached with other territorial authorities then that would increase the likelihood of Parliament agreeing to such a change. Recommendation: 1. That the Council make a submission to the Minister of Local Government and the Minister of Police recommending that section 709A of the Local Government Act 1974 be amended so as to provide a
general power to territorial authorities to prohibit the consumption or possession of alcohol in public places.

1. Cont'd

2. That the support of the Local Government Association be sought. PART B - ITEMS DEALT WITH BY THE COMMITTEE AND

REPORTED FOR INFORMATION ONLY

2. CENTRAL CITY CHRISTMAS DECORATIONS The Committee was informed of the design and installation of Christmas decorations in the central city for 1995. A review was begun by the Communications & Promotions Unit early in 1994 examining the status of the Christmas decorations for the central city. Local designers, Mr Ross MacKenzie and Mr Tim Stephenson were commissioned to create new decorations. A further feature in Christchurch in 1995 was the adorning of the Cathedral Spire in Cathedral Square with budlights. Sponsorship has been secured to cover the costs for each year until 2000. The Communications & Promotions Manager will be reporting to the Committee on plans for 1996.

3. STRATEGY FOR CHILDREN The Children's Strategy Study (January 1996) has highlighted several areas for the Central City Committee ie safety issues, transport, and attractions. Items identified for further investigations include discovery trails, murals at lower levels and pavement art. Options for involving children with planning are being considered. The Committee is intending to set priorities for action at its next meeting.

4. TRAFFIC CONTROL ITEMS The following traffic control measures have been implemented by the Committee. - Oxford Terrace P5 At All Times parking restriction between Hereford Street and City Mall. - Victoria Street Taxi Stand relocated from Peterborough Street.

The meeting concluded at 5.15 pm. CONSIDERED THIS 22ND DAY OF MAY 1996

MAYOR

Top of Page ~ Council Proceedings ~ Council & Councillors