Review of the Drinking in Public Places Bylaw Schedule

Effective 27 August 2007

Council approved the changes to the Drinking in Public Places Bylaw to extend the hours that drinking is prohibited in some places to day and night. 

Council sets new hours for drinking in public

The extension of hours for the Control of Drinking in Public Places Bylaw came into effect from Monday 27 August 2007. The Drinking in Public Places bylaw restricts the hours when people may not drink in designated public areas of Nelson.

Nelson City Council approved the proposed changes to the Drinking in Public Places Bylaw at its meeting on 16 August.  Prior to this the Policy Committee met on 24 July to discuss it and hear from submitters.  Council received 53 total submissions on the consultation. The changes were to extend the hours that drinking is banned in public place and to add some new prohibited areas to the Bylaw.

The amendment specifies a period of prohibition 24 hours a day 7 days a week in the following areas:

• Any public place within the area bounded by and including Halifax Street, Collingwood Street, Nile Street, Trafalgar Square (Church Hill) and Rutherford Street;
• Pioneers Park;
• Anzac Park;
• the Maitai River walkways and reserves from Queen Elizabeth II Drive to Nile Street;
• Queens Gardens;
• Rutherford Park excluding the Trafalgar Centre;
• the central islands of Haven Road between its intersections with Halifax Street and Queen Elizabeth II drive;
• and the Lions playground, Tahunanui Reserve.

There is a prohibition from 9pm on any day to 7am the following day during the period of daylight saving and 7 pm to 7 am on the day following otherwise in the areas:

• the Maitai Walkway and reserves including Branford Park from the Nile Street Bridge to the western boundary of the Waahi Taakaro Golf Course;
• Tahunanui Reserve excluding the Lions Playground;
• Miyazu Gardens;
• Fairfield Park;
• and Trafalgar Park (excluding the Trafalgar Pavilion).

An additional provision was included to allow for Council exemptions from the alcohol ban for social occasions such as weddings.

The bylaw does NOT prohibit possession or transport of alcohol in unopened containers for consumption outside the designated areas, or consumption of alcohol on any licensed premises, or on private property within these areas.

Background

The Policy Committee met on 24 July 2007 and heard from submitters on the draft Bylaw. The proposal was approved largely as submitted, with an additional provision included to allow for exemptions from the alcohol ban for social occasions such as weddings held in parks with Council consent.

Council received 53 submissions for the proposed Bylaw change and four submitters requested to speak in support of their submission. The consultation submission period closed 6 July 2007.

The previous bylaw

Previously the prohibition applied from 7pm to 7am, seven days a week.  The areas the present prohibition covers include:

• Any public place within the area bounded by and including Halifax Street, Collingwood Street, Nile Street, Trafalgar Square, and Rutherford Street
• ANZAC Park
• Pioneers Park
• The Maitai Walkway and reserves from Queen Elizabeth II Drive to Nile Street
• Queens Gardens
• Rutherford Park excluding the Trafalgar Centre
• The Lions Playground – Tahunanui Reserve

The changes and why

The approved changesextend the ban to 24 hours a day, seven days a week. The areas included under the extended hours will remain the same as above with one addition:

• The central islands of Haven Road between Halifax Street and Queen Elizabeth II Drive intersections

There is also a prohibition from 9pm on any day to 7am the following day during the period of daylight saving and 7 pm to 7 am on the day followingotherwise in the areas:

• the Maitai Walkway and reserves including Branford Park from the Nile Street Bridge to the western boundary of the Waahi Taakaro Golf Course;
• Tahunanui Reserve excluding the Lions Playground;
• Miyazu Gardens;
• Fairfield Park;
• and Trafalgar Park (excluding the Trafalgar Pavilion).

The changes are proposed in response to a growing number of complaints about drunkenness in public places during the day around the city.

What do the changes mean?

The changes mean people won’t be able to be in possession of, or drinking alcohol, in these areas at any time – day or night.  However, there will be exceptions.  The bylaw does not apply to BYO liquor permitted by the organiser of any event in a public place that has been expressly authorised by the Council. This might include events such as the Outdoor Movies or Amplified Picnics.  The Bylaw also does not apply to any event licenced to sell liquor on site.

Where to get more information

Copies of the bylaw are available from Civic House in Trafalgar Street or at all Nelson Public Libraries.