Cr Carmine chaired the meeting in the Chairman’s absence.

RESOLVED

THAT the apology of Cr Gordon and Cr Tregidga (for lateness) be received and sustained.

HC02/01 Hayden/Carmine CARRIED

Pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the Chairman called for late items to be accepted.

RESOLVED

THAT pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, the following late items be accepted for discussion.

- Dangerous Dog McGaffin

The item was not on the agenda because information had become available after the agenda deadline.

Discussion on the item could not be delayed because consideration needed to be given to the matter before the next meeting.

HC02/02 Hayden/Carmine CARRIED

On the 18^th December 2001 a notice under Section 31(2) of the Dog Control Act 1996 was served by registered post on Lianne Maree Jackson of 18 Albert Street, Waihi. The notice was served on the basis of sworn evidence attesting to aggressive behaviour by her female neutered tricolour Rottweiller Cross dog named "Iggy" on the 8^th December 2001 at 10.30 am. An objection to the classification has been received.

A detailed report was attached.

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

Liane Jackson (dog owner) and Richard Ainsley (complainant) attended the meeting for the benefit of the hearing.

Mrs Jackson tabled a written submission in support of her objection to the dangerous dog classification on her dog Iggy.

When asked whether there were other children in the area Mrs Jackson advised that there were other children in the neighbourhood and a lot of pedestrians that walked passed the property.

Mrs Jackson described the existing fencing surrounding the property and advised that she was quite happy to fence off both sides of the house to keep the dog in the back section of the property.

Mr Ainsley commented that he had not seen the dog in question since the incident had occurred. He commented that the dog had entered his property at 34 Princes Street, Waihi, and acted in an aggressive and threatening manner toward his children who were playing outside on the property. Mr Ainsley wanted the owners to keep the dog contained so it did not come onto his property.

The Dog Ranger outlined the complaint. He commented that the Jackson’s property needed to be fenced in such a way that access to the front door of the dwelling was attainable without coming into contact with the dog. He noted that Mrs Jackson had agreed to carry out the fencing to meet this requirement whether the dangerous dog classification was upheld or not.

Mrs Jackson advised that she could not put a time on when the fencing would be done but would endeavour to have it done as soon as possible. The extra cost of dog registration fees would be a concern if the classification were upheld.

Cr Carmine advised that there would need to be a time limit put on the fencing.

The Chairman advised that Council’s decision was reserved until it had considered the evidence presented and all other relevant matters.

The hearing closed at 9.35 am.

After considering all the evidence and taking into account that the dog had not actually attacked anyone but had acted in an aggressive manner the Committee decided:

RESOLVED

THAT the Dangerous Dog Classification on the dog "Iggy" be deferred for 30 days to allow the owners time to carry out fencing on the property at 18 Albert Street, Waihi.

02/03 Hayden/Carmine CARRIED

Cr Tregidga attended the meeting at 9.45 am and assumed the Chair for the remainder of the meeting.

On the 22^nd November 2001 a notice was served under Section 31(2) of the Dog Control Act 1996 on Belinda McGaffin of 126 Campbell Road, Kopuarahi, that being a Dangerous Dog Notice, on the basis of sworn evidence attesting to the aggressive behaviour of her female, neutered tan crossbreed dog named "Jessie".

The notice had not been objected to within the statutory time frame of fourteen (14) days from receipt of the notice being the 7^th December 2001.

A detailed report was circulated prior to the meeting.

The Supervising Officer Environmental Services outlined the case for the Committee’s understanding.

After taking into account the circumstances surrounding the case the Committee agreed to allow the late objection.

RESOLVED

THAT the late objection by Belinda McGaffin against the Dangerous Dog Classification on her dog Jessie be allowed.

02/04 Tregidga/Hayden CARRIED

02/05 Tregidga/Carmine CARRIED

There were no matters arising.

Attached was a report from the District Licensing Inspector regarding an application for renewal with variation of Club Licence for the Hauraki RSA in Ngatea.

RESOLVED

THAT as there are no objections to the application pursuant to Section 89 of the Sale of Liquor Act 1989 I recommend that the renewal be granted in the prescribed format as set out in the conditions below.

CONDITIONS

This licence is subject to the following conditions:

a) The club shall have a secretary at all times;

b) Within 10 working days of the appointment of a new secretary, the club shall inform the Secretary of the Liquor Licensing Authority or District Licensing Agency (whichever granted the licence) of the name of the new secretary;

c) All proceeds from the sale of liquor shall belong to the club;

d) The club shall have available for consumption on the premises, at all time when the club is open for the sale of liquor, a reasonable range of non-alcoholic and low-alcohol refreshments;

e) Liquor may be sold only on the following days and during the following hours;

Monday to Sunday 9.00am to 1.00am the following day

ANZAC Day 5.30am to 1.00am the following day

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

At all times when the premises are authorized 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, shall be conveniently available for all members and their guests and the availability of those foodstuffs shall be notified to them by appropriate notices throughout the premises.

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

h) 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.

i) The Club Committee shall ensure that the provisions of the Act relating to the sale and supply of liquor to prohibited persons are observed.

02/06 Carmine/Hayden CARRIED

Attached was a report from the District Licensing Inspector regarding an application by Tanya Lawrence for the granting of a General Manger’s Certificate.

RESOLVED

THAT pursuant to Sections 121 AND 122 of the Sale of Liquor Act 1991, that a General Manager’s certificate be granted to Tanya Mirelle Lawrence 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

02/07 Hayden/Tregidga CARRIED

APPLICATION FOR GENERAL MANAGER’S CERTIFICATE – MARGARET HAWTHORNE (66.008.194)

Attached was a report from the District Licensing Inspector regarding an application by Margaret Hawthorne for the granting of a General Manager’s Certificate.

RESOLVED

THAT pursuant to Sections 121 AND 122 of the sale of Liquor Act 1991, that a General Manager’s certificate be granted to Margaret Hawthorne 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.

02/08 Carmine/Hayden CARRIED

Attached was a report from the District Licensing Inspector regarding an application for an On-Licence for the Miners Café in Waihi by Arendina Reurich as a Trustee of the Reformational Gospel Reach Trust.

RESOLVED

THAT pursuant to Section 12 of the Sale of Liquor Act 1989 an On-Licence be granted to Arendina Reurich on behalf of the Trust as above for the prescribed period of one year subject to the following conditions. Any licence should not issue until a Manager is available.

CONDITIONS

This licence is subject to the following conditions:

a) This licence 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 refreshments.

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

Monday to Saturday 9.00am to 12.00 midnight

c) Food shall be available for consumption on the premises at all times when the premises are open for the sale of liquor in accordance with the menu submitted with the application for a licence or variations of that menu of similar range and standard.

02/09 Tregidga/Carmine CARRIED

Attached was a report from the Planning & Environmental Services Manager regarding delegated authority to approve unopposed applications for liquor licences.

The Planning & Environmental Services Manager advised that under the Sale of Liquor Act 1989 (the Act) the Hauraki District Council acts as the District Licensing Authority (DLA) for all liquor matters in the Hauraki District. The General Manager is deemed to be the Secretary of the DLA. It has been suggested that the Hearings Committee recommend to Council that the staff delegations under the Sale of Liquor Act 1989 be amended so that the Secretary of the District Licensing Authority (the General Manager of Council) be authorised to grant all unopposed applications for liquor licences (new, renewals, and variations).

RESOLVED

THAT the Hearings Committee recommend to Hauraki District Council that the staff delegations under the Sale of Liquor Act 1989 be amended so that the Secretary of the District Licensing Authority (the General Manager of the Council) is authorized to grant all unopposed applications for liquor licences (new, renewals, and variations).

02/10 Carmine/Hayden CARRIED

This item was dealt with earlier in the meeting.

The meeting closed at 10.05 am.

CONFIRMED

J Tregidga

February 2002