Warning on end of Auckland's alcohol licence freeze
Photo:
Stuff / Braden Fastier
Auckland's local alcohol policy (LAP) is fast becoming outdated according to one legal expert.
The LAP, which outlines the location, amount, and trading hours for alcohol businesses in the region, was implemented last September.
Drafted in 2013, it took 10 years to get it approved after it was tied up in legal battles.
Dr Grant Hewison, a lawyer who works with Community Against Alcohol Harm (CAAH) in south Auckland, was concerned that parts of the LAP was losing its relevance, today.
Presenting to the Safety and Regulatory Committee of the Auckland Council this week, Hewison warned that a raft of new liquor licenses could be on the way.
"The temporary freeze in the priority overlay areas will stop next year."
Photo:
Stuff / Braden Fastier
Hewison added that assuming there would remain a high bar to new licenses may not be a robust enough position.
"My concern is that that may not be sufficient to really address the ongoing proliferation that we're still seeing outside of those priority overlay areas in parts of the region," he said.
The LAP came into effect in two stages - the first change was September 16, 2024 which included a two-year freeze on new off-licences in the central city and 23 other suburbs with the highest alcohol-related harm.
He urged the committee to consider reviewing the LAP, before the two-year freeze lapsed.
"The freeze will end in 2026 so you have a small window of opportunity looking to extend it.
"I really encourage you to take some advice from your officers and have a briefing on how this temporary freeze operates, and the consequences of it being lifted."
He also urged council to look into protecting neighbourhood centres better, in what he called was a 'technical error' in the LAP.
According to the LAP, there was a rebbutable presumption for off-licence outlets in neighbourhood centres. Neighbourhood centres are commercial centres within residential areas.
"Unfortunately, the drafting of the neighbourhood centre in the LAP links it to the Unitary Plan, as notified in 2013."
He said the LAP only protected neighbourhood centres that existed in 2013 under the Unitary Plan.
"Since then, we've had developments of paddocks and fields ... new neighbourhood centres that aren't protected by the LAP."
He said the the consequence of that was that the District Licensing Committee recently approved three new liquor outlets in new neighbourhood centres.
"I don't think the community and yourselves ever intended that the LAP only protected neighbourhood centres as they were in 2013."
He pleaded for council not to wait for six years to review the LAP, but to act sooner.
"I think its urgent, and there is provision under section 95 of the Act to make amendments to a LAP to correct what is essentially a minor technical error."
Hewison said a lot of work went into the drafting of the LAP, but it was now relatively an older document.
LDR is local body journalism co-funded by RNZ and NZ On Air.
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