HAURAKI DISTRICT COUNCIL
HEARINGS COMMITTEE
NOTICE IS HEREBY GIVEN THAT A MEETING OF THE HEARINGS COMMITTEE WILL BE HELD IN THE COUNCIL CHAMBERS, WILLIAM STREET, PAEROA ON 24 MAY 2001 COMMENCING AT 9.00 AM
L.D. Cavers
General Manager
HEARINGS FOR MEETING
|
9.15 am |
Capper & Andrew |
|
11.15 am |
Dangerous Dog – L Van Den Heuvel |
ORDER OF BUSINESS
1. APOLOGIES Pages
2. DECLARATION OF LATE ITEMS
Pursuant to Section 46A(5) of the Local Government Official Information and Meetings Act 1987, the Chairman is to call for late items to be accepted. In the event of a late item, an explanation must be given as to why the item was not on the agenda and why discussion cannot be delayed for a subsequent meeting.
3. CONFIRMATION OF MINUTES
3.1 MEETING HELD 19 APRIL 2001 1-5
RECOMMENDATION
THAT the minutes of the meeting of the Hearings Committee held on 19 April 2001 be taken as read and confirmed.
4. MATTERS ARISING FROM THE MINUTES
5. NOTIFIED RESOURCE CONSENT APPLICATIONS
The applicants propose to establish a childcare centre at 8 Mataura Road, Waihi. The proposal involves the construction of a new purpose-built single-storey building on the site – approximately 26m long X 8m wide.
A detailed report is attached.
A hearing has been scheduled for 9.15 am.
RECOMMENDATION
THAT based upon the available information and pursuant to Section 105(1)(b) of the Resource Management Act 1991 the Hauraki District Council refuse consent to this notified discretionary activity application to establish a 50-child childcare centre on Lot 1 DPS 88561, Mataura Road, Waihi.
Consent is refused on the grounds that the proposal does not maintain or enhance the amenity of the residential neighbourhood as required by the District Plan and Part II of the Act.
In the event that the applicant is able to address the issues raised in this report to the satisfaction of the Hearings Committee, it is recommended that conditions be imposed in relation to:
·
Fencing & Landscaping·
Outdoor equipment size and location·
Noise·
Parking – location, design, formation, drainage·
Vehicle crossing – location, design, formation·
Stormwater disposal·
Signage – a 2.4m X 1.2m sign is sought, access signage is required·
Road markingand any other issues that may arise.
6. NOTICE UNDER SECTION 31(2) DOG CONTROL ACT 1996 DANGEROUS DOG)
6.1 OBJECTION TO NOTICE UNDER SECTION 31(2) DOG CONTROL ACT 1996 – L VAN DEN HEUVEL (63.100.023)
On the 23rd April 2001 a notice under Section 31(2) of the Dog Control Act 1996 was served, by leaving it in the letter box at 76 Thames Road, Paeroa, on Leanne Van Den Heuvel. The notice was served on the basis of sworn evidence attesting to aggressive behaviour by her female neutered white German Shepard dog name "Peri" on the 12th April 2001 at 10.30 am.
A detailed report is attached.
A hearing has been scheduled for 11.15 am.
RECOMMENDATION
THAT this matter be heard at the next available hearing date and Leanne Van Den Heuvel be asked to attend to give evidence in support of her objection
AND THAT Lothar Buter be asked to attend in support of his evidence.
7. SALE OF LIQUOR APPLICATIONS
7.1 APPLICATION FOR GENERAL MANAGER’S CERTIFICATE (66.008.195) 81-88
Attached is a report from the District Licensing Inspector regarding an application for a General Manager’s Certificate for Toni Grusning, of Paeroa.
RECOMMENDATION
THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General manager’s Certificate be granted to Toni Patricia Grusning as per the following 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 Manger’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.
7.2 APPLICATION FOR RENEWAL WITH VARIATION OF OFF-LICENCE (66.004.654) 89-99
issued to the Commercial Hotel (Waihi) Ltd with the following conditions.Attached is a report from the District Licensing Inspector regarding an application by the Commercial Hotel (Waihi) to renew its Off-Licence with a variation in hours to now include Sunday and to co-inside with the longer hours recommended for the On-Licence.
RECOMMENDATION
THAT pursuant to Section 44 of the Sale of Liquor Act 1989 an Off-Licence in the presented format be
CONDITIONS
This licence is subject to the following conditions:
(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 Sunday 9:00am to 2:00am the following day (9:00am to 12:00 midnight on the Thursday before Good Friday, Easter Saturday, Christmas Eve and the day before ANZAC Day).
(c) Each of the following parts of the premises is designated as a supervised area: every bar and bottle store).
(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.
7.3 COMMERCIAL HOTEL (WAIHI) LTD RENEWAL WITH VARIATION (66.003.603) 100-117
Attached is a report from the District Licensing Inspector regarding the Commercial Hotel in Waihi.
RECOMMENDATION
THAT pursuant to Sections 7 and 114 of the Sale of Liquor ct 1989 an On-Licence in the following prescribed format be issued to the Commercial Hotel (Waihi) Ltd.
CONDITIONS
This licence is subject to the following conditions:
(a) The licensee must 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 Sunday 9:00am to 2:00am the following day (9:00am to 12:00 midnight on the Thursday before Good Friday, Easter Saturday, Christmas Eve and the day before ANZAC Day) to any other person who is present on the premises.
(d) Food must be available for consumption on the premises as follows:
At all times when the premises are authorised to be open for the 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 rolls, pizzas and the like, must be conveniently available for all patrons and the availability of those foodstuffs must 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 must ensure that signs are prominently displayed within the licensed premises detailing information regarding alternative forms of transport from the premises.
(g) The licensee must implement and maintain the steps proposed in the application for the licence aimed at promoting the responsible consumption of liquor.
(h) The licensee must ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed and must 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.