Alcohol Control Bylaw Amendment

We're proposing to amend our Alcohol Control Bylaw to formalise the temporary summer period alcohol-free area along the coastal strip.

Consultation has closed

In December 2018, in response to community and Police concerns, we introduced a temporary summer-period alcohol-free area along the coastal strip, including Marine Parade from its intersection with Grove Avenue, Oceanbeach Road, and Maranui Street. This area sits between two existing year-round alcohol-free areas already in the bylaw.

Every year since then, we've put in place this temporary alcohol-free area over the summer period, from 21 October to 6 April, 9pm to 7am. We now want to formalise this alcohol-free area by including it in the bylaw. This will provide greater clarity and certainty for Police and the community, and will be more efficient than continuing to implement a temporary ban each year.

Council is required to consult with the community on any changes to its bylaws, so we sought feedback on this proposed change.

Community consultation opened on Monday, 4 November and closed 5pm Friday, 6 December 2024.

The proposed amendment to the Alcohol Control Bylaw will see the following changes implemented:

The following places are alcohol-free areas between 9pm and 7am from 21 October to 6 April each year.

All reserves, beaches and public places on, and including the seaward side, of:

Marine Parade (eastwards from its intersection with Grove Avenue to its intersection with Tweed Street)
Oceanbeach Road
Maranui Street
Omanu Way
Yale Street
Sunbrae Grove
Surf Road.

The proposed amendment overlaps with the 24/7 New Year Period alcohol-free areas. During this time, the 24/7 hours apply. The following places are alcohol-free areas 24 hours a day from 12am on 26 December until 6am on 6 January each year.

All reserves, beaches and public places on, and including the seaward side, of:

Marine Parade (eastwards from its intersection with Grove Avenue to its intersection with Tweed Street)
Omanu Surf Club and carpark area (on Surf Road)
Waiariki Street.

Summer period alcohol-free areas map (79kb pdf)

A full tracked changed version of the draft amended Alcohol Control Bylaw with these proposed changes included is available below.

Draft amended Alcohol Control Bylaw (4.9mb pdf)

FAQ's

Will there be any changes to the summer period alcohol-free area if we amend the bylaw?

There will be no changes to the dates or locations of the summer period alcohol-free area if we add it to the bylaw. It will continue as it has for the past six years but will no longer require Council approval each year.

What does the Alcohol Control Bylaw do?

The bylaw sets alcohol-free areas across our city to help reduce potential alcohol-related harm including levels of intoxication, noise, disorder and crime. The bylaw sets out both permanent alcohol-free areas, and those that become alcohol-free over the New Year period. The bylaw also allows Council to set temporary alcohol-free areas.

Why do we want to amend the bylaw?

For the past six years, Council has put in place a temporary alcohol-free area over the summer period along the coastal strip, from Marine Parade/Grove Avenue to Oceanbeach Road/Maranui Street. This alcohol-free area was first applied following community feedback and evidence from Police about alcohol-related harm in the area. Police confirm the temporary ban has helped them manage potential alcohol-related disorder and minimise risk.

The proposed amendment will incorporate this alcohol-free area into the Alcohol Control Bylaw. It will ensure a consistent approach is taken across the coastal strip and will be more efficient than continuing to implement a temporary ban each year.

Legislative requirements

The Local Government Act 2002 empowers Council to make bylaws for the purpose of controlling the consumption and possession of alcohol in public places. However, before it makes a bylaw, Council must be satisfied that:

There is evidence that any new alcohol-free area has experienced a high level of alcohol-related crime or disorder (or if an alcohol-free area already exists, then Council must be satisfied that a high level of alcohol-related crime and disorder is likely to arise in the area without the bylaw being made).
The bylaw is appropriate and proportionate regarding that crime and disorder.

Council must also determine whether:

A bylaw is the most appropriate way of addressing the perceived issues
The draft bylaw is the most appropriate form of bylaw
The draft bylaw gives rise to any implications under the NZ Bill of Rights Act 1990.

Is a bylaw the appropriate means to deal with the problem?

Council considers a bylaw is the most appropriate way to deal with people drinking in public places who negatively affect the enjoyment and safety of others. Police confirm the temporary alcohol-free area along the coastal strip has had the desired effect and is helpful when people report alcohol-related problems.

Is the bylaw consistent with the New Zealand Bill of Rights?

The Bill of Rights protects the human rights and fundamental freedoms of all people in New Zealand, including the right to freedom of movement. While the proposed amendment means that people can be asked to leave the area that the amendment applies to, the restrictions are considered fair and reasonable in the interest of public safety. The amendment does not restrict the movement of people who do not possess alcohol. Therefore, the proposed change to this bylaw does not give rise to any implications under the Bill of Rights.