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 20 SEPTEMBER 2001 COMMENCING AT 9.00 AM

L.D. Cavers

General Manager

HEARINGS FOR MEETING

9.15 am

Application for Exemption – Section 6 Fencing of Swimming Pool Act 1987 – Dr and Mrs GA Hayes

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 9 AUGUST 2001 1-6

RECOMMENDATION

THAT the minutes of the meeting of the Hearings Committee held on 9 August 2001 be taken as read and confirmed.

4. MATTERS ARISING FROM THE MINUTES

5. APPLICATION FOR EXEMPTION – SECTION 6 FENCING OF SWIMMING POOL ACT 1987

5.1 DR G AND MRS G A HAYES, 28A CLAREMONT AVE, PAEROA (05002/826.00) 7-9

Attached is a report from the Supervisor Environmental Services regarding an application for exemption from Section 6 of the Fencing of Swimming Pool Act 1987 by Dr and Mrs GA Hayes, 28A Claremont Ave, Paeroa.

RECOMMENDATION

THAT the request from Dr and Mrs Hayes seeking exemption from the requirement of clauses 8 to 10 of the schedule to the Act be granted on the grounds that it would be unreasonable and also impossible for the access to the pool from the house to comply with the Act. Clause 11 of the Schedule to the Act allows for this specific situation on condition that the doors are fitted with a lock that, when properly operated, prevents the door from being opened by children under 6 years of age. Allowing the exemption would not significantly increase danger to young children. The exemption is subject to the following conditions:

1) That all doors with access from the house into the pool area be fitted with a lock that when properly operated prevents the door from being readily opened by children under the age of 6 years

2) That the doors with access from the house directly to the pool area be locked shut when the pool is not in use and under adult supervision.

6. SALE OF LIQUOR APPLICATIONS

6.1 APPLICATION FOR RENEWAL WITH VARIATION OF ON AND OFF LICENCE (66.004.357) 10-19

Attached is a report regarding an application from Bellavista Holdings Ltd for renewal of their On and Off Licences.

RECOMMENDATION

THAT pursuant to Section 44 of the Sale of Liquor Act 1989 an Off-Licence in the prescribed format be issued to the Bellavista Holdings Ltd with the following conditions.

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 Thursday (7:00am to 1:00am) the following day, Friday and Saturday (7:00am to 2:00am the following day and Sunday (10am to 10pm). (7:00am 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

(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.

6.2 APPLICATION FOR RENEWAL WITH VARIATION OF ON AND OFF LICENCE (66.003.302) 20-32

Attached is a report regarding an application from Bellavista Holdings Ltd for renewal of their On and Off Licences.

RECOMMENDATION

THAT recommend 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 Bellavista Holdings 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 Thursday (7:00am to 1:00am) the following day, Friday and Saturday (7:00am to 2:00am the following day and Sunday (10am to 10pm). (7:00am 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.

6.3 APPLICATION FOR GENERAL MANAGER’S CERTIFICATE – K FORRESTER (66.008.204) 33-37

Attached is a report regarding an application for a General Manager’s Certificate by Kay Forrester.

RECOMMENDATION

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General Manager’s certificate be granted to Euphemia Kay Forrester 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 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.

6.3 APPLICATION FOR GENERAL MANAGER’S CERTIFICATE – A BERWICK (66.008.203) 38-43

Attached is a report regarding an application for a General Manager’s Certificate by Adrienne Berwick.

RECOMMENDATION

THAT pursuant to Sections 121 and 122 of the Sale of Liquor Act 1991, that a General manager’s Certificate be granted to Adrienne Olwyn Berwick 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 the 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.