There were no apologies.

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairman called for late items to be accepted. There were none.

HC01/20 Carmine/Gordon CARRIED

RESOLVED

THAT the minutes of the reconvened meeting of the Hearings Committee held on 20 March 2001 be taken as read and confirmed.

HC01/21 Tregidga/Carmine CARRIED

On the 9^th March 2001 a notice under Section 31(2) of the Dog Control Act 1996 was left with a Greg Manktelow at 3 Onslow Street, Paeroa. The notice for Colleen Manktelow was served on the basis of sworn evidence attesting to aggressive behaviour by her tan purebred male retriever dog named "Chester" on the 5^th March 2001 at 3.30 pm. Copies of the sworn evidence and the notice are appended to this report.

A detailed report was attached.

A hearing had been scheduled for 9.15 am. The hearing commenced at 9.20 am.

Mrs C Manktelow (dog owner) attended the meeting for the benefit of the hearing.

Mrs Manktelow tabled a written submission advising that the dog had been removed from their property on 3 Onslow Road, Paeroa and was now residing on a farm in Waikaretu. Mrs Manktelow advised that she was unaware that the dog could not be re-homed on another property in the interim. Mrs Manktelow commented that their property on Onslow Road was a large property and would have been difficult to fence to prevent the dog from leaving the property. There had been a previous complaint from the Post Master of New Zealand Post of the dog rushing out and nipping the Postie but no further action had been taken. Mrs Manktelow agreed that the dog should have been tied up.

Cr Tregidga enquired how old the dog was and Mrs Manktelow replied that the dog was coming three. Cr Tregidga suggested that it could be possible to fence of part of the section to restrain the dog.

The issue that needed to be addressed was the dog’s behaviour no matter where it resided. There had been a previous case regarding a dog that had been relocated that Council had not classified as dangerous and it had re-offended.

Mrs Manktelow advised that the dog would not be coming back to her property and she had no wish to keep it there if it had to be continually tied up.

Mr Bierre advised that if the dog were classified as dangerous the paper work would go to the local authority where it now resided and they would ensure that the requirements were imposed on the dog.

Cr Carmine asked where the dog was now and whether it was close to the road or likely to be in contact with the public. Mrs Manktelow advised that the dog was on a 2,000 hectare farm, but was unsure whether the farm was close to the road or whether it would come into contact with the public.

Mrs Manktelow was shown a copy of the (ACC) medical report.

Mrs Manktelow commented that the dog was occasionally tied up but was allowed free at night. However, its whereabouts was checked at all times. The dog was not used to being restrained.

Mr Sexton commented that in fairness to Mrs Manktelow it was possible that he did not tell her that the dog could not be removed from the property in the interim. However, it needed to be known that the papers would be served where the dog was. In relation to the severity of the attack Council staff could not treat an attack of a lesser degree any different than if it was a serious attack. Mr Sexton advised that the attack was on a young female of about 18 and he had asked Mrs Muller to site the bite. In relation to the dangerous dog classification if it was upheld it would go forward to the local authority where the dog resided and the owner of the property would be required within 28 days to fence a portion of the property off to contain the dog. It was irrelevant that the dog now resided in a rural area. Once the classification was imposed then it stayed with the dog for the rest of its life wherever it resided.

The hearing adjourned at 9.45 am until 9.50 am.

Mr Bierre advised that Mrs Manktelow wished to remain with her decision to leave the dog at the farm where it is located at present.

The hearing closed at 9.55 am.

Council advised that its decision was reserved until it had considered the evidence presented and all other relevant matters.

The meeting adjourned at 9.55 am until 10.10 am.

After considering all the evidence the Committee decided:

RESOLVED

THAT the Dangerous Dog Classification on the dog "Chester" be upheld.

HC01/ 22 Carmine/Gordon CARRIED

There was concern that the message was not getting through to dog owners of what was required by law when owning a dog and the need for it to be under control at all times.

Attached was a report from the District Licensing Inspector regarding an application for a Club Manager’s Certificate for W Richards of Paeroa.

HC01/23 Tregidga/Carmine CARRIED

Attached was a report from the District Licensing Inspector regarding an application for a General Manager’s Certificate by Peter Lindsay Ralph of Waihi.

It was noted that in granting the application it would be for an initial period of one year at which time it would be reviewed. During the initial one year period the Committee requested that any licensed premises in which Mr Ralph was involved be closely monitored by the Police and District Licensing Agency Inspector.

RESOLVED

THAT pursuant to Section 121 and 122 of the Sale of Liquor Act 1989, that a General Manager’s Certificate be granted to Peter Lindsay Ralph as per the following prescribed format.

Subject to the requirements of the Act relating to fees, and to the provisions of the Act relating to the suspension and cancellation of Manager’s Certificates, this certificate shall continue in force.

a) Until the close of the period of 1 year commencing with the date of its issue; or

b) If an application for the renewal of the certificate is duly made, until the application is determined; or

c) If the certificate is renewed, until the close of the period for which it is renewed.

HC01/24 Tregidga/Carmine CARRIED

Attached was a report from the District Licensing Inspector regarding an application for a General Manager’s Certificate by G Malcolm of Paeroa.

RESOLVED

THAT pursuant to Section 121 and 122 of the Sale of Liquor Act 1989, that a General Manager’s Certificate be granted to Gordon Atoa Malcolm as per the following prescribed format.

Subject to the requirements of the Act relating to fees, and to the provisions of the Act relating to the suspension and cancellation of manager’s certificates, this certificate shall continue in force.

a) Until the close of the period of 1 year commencing with the date of its issue; or

b) If an application for the renewal of the certificate is duly made, until the application is determined; or

c) If the certificate is renewed, until the close of the period for which it is renewed.

HC01/ 25 Gordon/Carmine CARRIED

Attached was a report from the District Licensing Inspector regarding an application for On/Off Licences for the Ngatea Hotel in Ngatea.

RESOLVED

THAT pursuant to Sections 12 and 34 of the Sale of Liquor Act 1991 an On-Licence in the presented format be granted to Boston Enterprises Ltd with the following conditions for 1 year.

CONDITIONS (ON-LICENCE)

a) The licensee shall have available for consumption on the premises, at all times when the premises are open for the sale of liquor, a reasonable range of non-alcoholic and low-alcohol refreshments:

b) No liquor is to be sold or supplied on Good Friday Easter Sunday, Christmas Day or before 1:00pm on ANZAC Day to any person other than persons who are:

i) For the time being living on the premises whether as a lodger or an employee of the licensee or otherwise; or

ii) Present on the premises for the purpose of dining

c) Liquor may be sold only on the following days and during the following hours:

i) At any time on any day to any person who is for the time being living on the premises

ii) Monday to Saturday 7:00am to 1:00am the following day; Sunday 11:00am to 9:00pm (7:00am to 12:00 midnight on the Thursday before Good Friday, Easter Saturday, Christmas Eve and the day before ANZAC Day) to any person who is present on the premises.

d) Food shall be available for consumption on the premises as follows:

At all times when the premises are authorised to be open for sale of liquor, food of a range and style similar to that shown on any menu submitted or a range of snack foods in the nature of pies, sandwiches, filled rills, pizzas and the like, shall be conveniently available for all patrons and the availability of those foodstuffs shall be notified to them by appropriate notices throughout the premises.

e) Each of the following parts of the premises is designated as a supervised area: Every bar.

f) The licensee shall ensure that signs are prominently displayed within the licensed premises detailing information regarding alternative forms of transport from the premises.

g) The licensee shall have in place and make available to all staff a host responsibility plan detailing the steps to be taken by the licensee to ensure a safe drinking environment.

h) The licensee shall ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed and shall display appropriate signs adjacent to every point of sale detailing the statutory restrictions on the supply of liquor to minors and the complete prohibition on sales to intoxicated persons.

AND THAT pursuant to Section 34 of the Sale of Liquor Act 1001 an Off-Licence in the prescribed format be granted to Boston Enterprises Ltd with the following conditions.

CONDITIONS (OFF-LICENCE)

a) No liquor shall be sold on Good Friday, Easter Sunday or Christmas Day or before 1:00pm on ANZAC Day

b) Liquor may be sold or delivered only on the following days and during the following hours:

Monday to Saturday 7:00am to 1:00am the following day - Sunday 11:00am to 9:00pm

c) Each of the following parts of the premises is designated as a supervised area: Every bottle shop

d) The licensee shall have in place and make available to all staff a host responsibility plan detailing the steps to be taken by the licensee to ensure a safe drinking environment.

e) The licensee shall ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed and shall display appropriate signs adjacent to every point of sale detailing the statutory restrictions on the supply of liquor to minors and the complete prohibition on sales to intoxicated persons.

HC01/26 Tregidga/Carmine CARRIED

The meeting closed at 10.25 am.

CONFIRMED

J Tregidga

May 2001