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Part 19 Liquor Control

This part of the bylaw aims to enhance the safety of citizens, protect the public from nuisance and minimise the potential for offensive behaviour in public places by controlling the consumption and possession of liquor in specified public places. This part of the bylaw is made under the Local Government Act 2002 sections 145 and 147 (2).

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

ACT means the Local Government Act 2002.

CBD has the meaning as defined in schedule 1 hereunder.

LIQUOR has the meaning given to it in Sale of Liquor Act 1989

LIQUOR BAN means a prohibition of:
a) The consumption of liquor in a public place.
b) The bringing of Liquor into a public place.
c) The possession of liquor in a public place.
d) In conjunction with a prohibition relating to liquor under paragraphs (a) to (c),
the presence or use of a Vehicle in a public place.

OFFENCE means an offence under section 239 of the Local Government Act 2002 that is a breach of a bylaw prohibiting:
a) The consumption or possession or both of Liquor in, or the bringing of liquor into a public place; or
b) In conjunction with a prohibition relating to Liquor, the presence or use of a vehicle in a public place.

PUBLIC PLACE
a) Means a place:
i) that is under the control of the territorial authority; and
ii) that is open to, or being used by, the public, whether or not there is a charge for admission; and
b) Includes:
i) a road, whether or not the road is under the control of a territorial authority; and
ii) any part of a public place.

PUBLIC NOTICE shall have the meaning assigned to in the Local Government Act 2002.

SPECIFIED PERIOD means such times, days, periods of times and days as described in the first, second, third and fourth schedules of this part of the bylaw, or as the council may, from time to time, by resolution of the council, decide upon in accordance with clauses 3.1 of this bylaw.

SPECIFIED PUBLIC PLACE means any such public place, or places as described in the first, second, third and fourth schedules of this part of the bylaw or as the council may, from time to time, by resolution of the council, designate in accordance with 3.1 of this bylaw.

VEHICLE has the meaning as in section 2 of the Land Transport Act 1998 but does not include an ambulance, fire engine, or police vehicle.
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2.0 Liquor Bans
That pursuant to section 147 of the Act the council designates a liquor ban in the specified public places and during the specified periods described in the first, second, third and fourth schedules.

3.0 Designation, Revocation and Amendment of Liquor Bans
3.1 From time to time, as provided for in section 151(2) of the Local Government Act 2002 the council may by resolution:
a) Designate a liquor ban in areas designated as specified public places, or during specified periods, or related to specific events.
b) Amend or revoke a liquor ban.
3.2 Before imposing, revoking or amending a liquor ban under clause 3.1 the council will consider:
a) Whether liquor is likely to be present in the public place during the days or periods specified.
b) Information about the nature of the locality and the reasons why the Liquor Ban is being sought, amended or is no longer considered necessary.
c) The scale and nature of the area proposed for the liquor ban or amendment or revocation of the liquor ban.
d) Whether or not private rights will be unnecessarily or unjustly limited.
e) Whether (and if so, the extent to which) it is necessary to consult the public to gauge community views on a proposed liquor ban or proposal to amend or revoke a liquor ban.
f) Any recommendations, advice or other comments received from the police in relation to the proposal.
g) Any other information considered by the council to be relevant.

3.3 Where liquor bans are designated, amended or revoked a minimum of 14 days public notice shall be given specifying: any additional areas, whether the prohibition is a general prohibition or for a specific period, periods or event. Public notices shall also be affixed in, or adjacent to, the relevant public place.

4.0 Exceptions
This Bylaw does not prohibit, in the case of liquor in an unopened bottle or other unopened container:
a) The transport of that liquor from premises that adjoin a public place during any period when, under the Sale of Liquor Act 1989, it is lawful to sell liquor on those premises for consumption off the premises, provided the liquor is promptly removed from the public place.
b) The transport of that liquor from outside a public place for delivery to premises that adjoin the public place, provided the premises are licensed for the sale of Liquor under the Sale of Liquor Act 1989.
c) The transport of that liquor from outside a public place to premises that adjoin a public place:
i) by, or for delivery to, a resident of those premises or by his or her bona fide visitors; or
ii) from those premises to a place outside the public place by a resident of those premises, provided the liquor is promptly removed from the public place.

5.0 Offences
That pursuant to section 239 of the Act, every person commits an offence who knowing that a prohibition is in force contravenes that prohibition. Every person who commits that offence is liable, on summary conviction, to the penalty set out in section 242(4) of the act.
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6.0 Powers of Arrest, Search and Seizure
6.1 In areas where the council has designated a Liquor Ban under clauses 2.0 and 3.1 of this part of the Bylaw, a member of the police may, without warrant:
a) For the purpose of ascertaining whether liquor is present, search:
i) a container (for example, a parcel, package, bag, or case) in the possession of a person who is in, or entering, a public place;
ii) a vehicle that is in, or is entering, a public place.
b) Seize and remove liquor and its container if the liquor is in a public place in breach of a bylaw;
c) Arrest a person whom the member of the police finds committing an offence;
d) Arrest a person who has refused to comply with a request by a member of the police:
i) to leave the public place; or
ii) to surrender to a member of the police the liquor that, in breach of a bylaw, is in that person’s possession.

6.2 Liquor or a container seized under section 169 (2) (b) of the act is forfeited to the crown if the person from whom the liquor or container is seized is convicted of breaching the bylaw.

7.0 Conditions Relating to Power of Search
Pursuant to section 170 of the act:
a) Before exercising the power of search under section 169(2)(a)of the Act in relation to a container or a vehicle, a member of the police must:
i) inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing the container or the vehicle from the public place; and
ii) provide the person with a reasonable opportunity to remove the liquor or the vehicle, as the case may be, from the public place;
b) However, on specified dates or in relation to specified events, notified in accordance with section 170(3) of the act a member of the police may, immediately and without further notice, exercise the power under section
169(2)(a) of the Act to search a container or a vehicle;
c) Before a member of the police may exercise the power of search under section 170(2) of the Act, the council must:
i) specify the public place (within the meaning of section 169(1) where, and the period when, this power may be exercised by the police by public notice given 14 days in advance in accordance with the act; and
ii) indicate the location of the public place by one or more clearly legible notices affixed in one or more conspicuous places on, or adjacent to, the place to which the notice relates, unless it is impracticable or
unreasonable to do so;
d) Section 170(2)of the Act only applies if a member of the police is authorised to exercise that power by a bylaw made under section 147 of the Act.
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FIRST SCHEDULE

Specified public place – New Plymouth CBD
All public places including streets, service lanes, lanes, footpaths, car parks and parks within the area
bounded by the sea to the north, the eastern side of Dawson St to the west, the southern side of
Leach/Vivian streets to the south, and the eastern side of Eliot St to the east, excluding the area defined in
the fourth schedule.

Specified Periods
On every day, Thursday to Saturday inclusive (with the exception of Christmas Eve), commencing at 7pm
and ending at 7am on the day following, and on the following occasions:
a) Christmas Eve commencing 5pm and ending at 7am on the day following.
b) New Year’s Eve commencing 7pm and ending at 7am on the day following, when the date of this
holiday falls outside the Thursday to Saturday period in any calendar year.

SECOND SCHEDULE

Specified Public Place - Oakura
The public area bounded by the low water mark to the north, the Otupotu Stream to the west, a prolongation
of the western boundary of Lot 20 DP 7538 to the east, and including Shearer Reserve being Lot 6 DP 7357
and Lot 33 DP 14330 and the public thoroughfares of Tasman Pde, Shearer Dve, Arden Pl, Jans Tce, Linda
St, Prudence Pl, Russell Dve, Kaitake Pl, Wairau Rd from the sea to the northern side of Telford Tce,
Messenger Tce from Wairau Rd to the western side of McFarlane St, Mallinder Pl, and Pitcairn St northern
section adjoining Messenger Tce, the Roadway through the Oakura Camp but excluding the camp itself and
excluding the premises of the New Plymouth Old Boys' Surf Life Saving Club.

Specified Periods
Commencing at 2pm on New Years Eve and ending at 2am on New Years Day. (To this may be added other public holidays where problems can be demonstrated.)

THIRD SCHEDULE

Specified Public Place - Urenui
The public area of the Urenui Domain bounded by the low water mark to the north, the public areas of the
Urenui Domain Camp bounded by the Urenui River to the west and south to a point adjacent to the boat
wash facility situated on SO 10852, the eastern boundary of the camping ground from a point opposite the
southern end of the boat wash facility to the foreshore excluding holiday cottages and temporary living
places, but including all grassed areas not occupied by a temporary living place, and the perimeter Roadway,
SO 10852, SO 11707.

Specified Periods
Commencing at 2pm on New Years Eve and ending at 2am on New Years Day. (To this may be added other public holidays where problems can be demonstrated.)

FOURTH SCHEDULE

Specified public place – Sir Victor Davies Park and immediate surrounds
All public places including streets, service lanes, lanes, footpaths, car parks and parks within the area
bounded by the east side of Liardet St, the west side of Brougham St, the south side of Vivian/Leach St and
the north side of Powderham/Courtney St.

Specified periods
At all times.
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