Town of Gawler Council Meeting Agenda 26 April 2016 ATTACHMENTS UNDER SEPARATE COVER Item 8.1 – Gawler East Link Road Update ATTACHMENT 1 Additional Investigation Report ATTACHMENT 2 Ecological Assessment Report ATTACHMENT 3 Multi Criteria Assessment Initial Report Item 8.2 – Dry Zones ATTACHMENT 1 Proposed changes to current Dry Areas ATTACHMENT 2 Dry Area Guidelines ATTACHMENT 3 Town of Gawler Dry Areas Item 8.3 – China Delegation 2016 Feedback ATTACHMENT 1 Barossa RDA overview report Item 8.4 – Review of Local Government Association Membership Subscription Formula ATTACHMENT 1 Review of LGA Membership Subscription Formula Summary for Consultation Not available at time of printing TOWN OF GAWLER COUNCIL MEETING 26 APRIL 2016 Page 1 of 309 ATTACHMENTS UNDER SEPARATE COVER
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Town of Gawler Council Meeting Agenda
26 April 2016
ATTACHMENTS UNDER SEPARATE COVER
Item 8.1 – Gawler East Link Road Update
ATTACHMENT 1 Additional Investigation Report
ATTACHMENT 2 Ecological Assessment Report
ATTACHMENT 3 Multi Criteria Assessment Initial Report
Item 8.2 – Dry Zones
ATTACHMENT 1 Proposed changes to current Dry Areas
ATTACHMENT 2 Dry Area Guidelines
ATTACHMENT 3 Town of Gawler Dry Areas
Item 8.3 – China Delegation 2016 Feedback
ATTACHMENT 1 Barossa RDA overview report
Item 8.4 – Review of Local Government Association Membership Subscription Formula
ATTACHMENT 1 Review of LGA Membership Subscription Formula Summary for Consultation
Not available at time of printing
TOWN OF GAWLER COUNCIL MEETING 26 APRIL 2016
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Item 8.5 – Delegations Review
ATTACHMENT 1 Instrument of Delegation to the Chief Executive Officer under the Local Government Act 1999
ATTACHMENT 2 Instrument of Delegation to the Chief Executive Officer under the Local Government Act 1934
ATTACHMENT 3 Instrument of Delegation to the Chief Executive Officer under the Supported Residential Facilities Act 1992
Item 8.6 – Monthly Finance Report – March 2016
ATTACHMENT 1 Monthly Finance Report
Item 8.7 – Gawler Aquatic Centre Condition Assessment Report Update
ATTACHMENT 1 Gawler Aquatic Centre Condition Assessment Report 2016
Item 8.8 – Land Development Promotional and Directional Signs on Council Property Update
ATTACHMENT 1 Amended Land Development Promotional and Directional Signage Policy
ATTACHMENT 1 Proposed changes to current Dry Areas
ATTACHMENT 2 Dry Area Guidelines
ATTACHMENT 3 Town of Gawler Dry Areas
TOWN OF GAWLER COUNCIL MEETING 26 APRIL 2016
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Scale: 1:4,000
metres
0
LEGENDEXISTING 24HR DRY ZONEEXISTING 7PM TO 7AM DRY ZONEPROPOSED DRY ZONE
PROPERTY BOUNDARY
EXISTING & PROPOSED DRY ZONESENVIRONMENT & REGULATORY SERVICESREVISION: A DATE: 14 APRIL 2016
ATTACHMENT 1
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Dry Area Guidelines - updated September 2015 Page 1 of 17
Consumer and Business Services
Dry Area Guidelines
What is a dry area?
A ‘dry area’ is a declared area where the consumption, and/or possession of alcohol is prohibited.
A person who consumes or has possession of alcohol in a dry area is guilty of an offence, which
carries a maximum penalty of $1,250. Offenders may be issued with an expiation notice of $160.
The purpose of dry area legislation is to curb alcohol-related problems in public areas such as
reserves, main shopping precincts, car parks and foreshores. Reasons for their introduction vary from
public nuisance relating to inappropriate use of beaches and other public places, to more complex
social issues such as alcohol abuse.
There are three main reasons for establishing dry areas:
One-off major events which are promoted as alcohol free, for example New Year’s Eve
celebrations.
Popular public places where alcohol-related problems negatively affect the amenity of the area,
for example, foreshore areas, reserves and car parks.
Communities where drinking in public places is an indicator of complex social issues.
Dry Area legislation
Section 131 of the Liquor Licensing Act 1997 (the Act) provides for the prohibition, by publication of a
notice in the South Australian Government Gazette, of the consumption or possession of liquor in a
specified public place. The prohibition may be absolute or conditional and may operate continuously
or at specified times.
The Act does allow patrons who purchase bottled wine on a licensed premises to consume with a
meal, to remove the unconsumed portion of that wine in its original container when they leave the
premises, even if it requires them to pass through a dry area.
In these circumstances, if challenged by an authorised officer, the onus of proving that the possession
of the liquor was lawful lies on the person in possession of the liquor. In other words, that person
would need to prove that the unsealed container was genuinely being carried through the dry area
following a meal at a nearby licensed premises. Evidence of a receipt at a nearby restaurant, for
example, would likely satisfy this onus of proof.
Chesser House, 91-97 Grenfell Street Adelaide SA 5000
GPO Box 2169 Adelaide SA 5001 t 131 882
w www.cbs.sa.gov.au
ATTACHMENT 2
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Dry Area Guidelines - updated September 2015 Page 2 of 17
Consumer and Business Services
Applying for a dry area prohibition
Applications for dry areas are made by local councils to Consumer and Business Services (CBS).
Long term dry areas are ongoing for a specified period of time and are designed to work as part of a
broader local level strategy to reduce alcohol-related problems in that area.
Short term dry areas are used for one off events which are promoted as alcohol free, for example
New Year’s Eve celebrations.
The application process is free of charge and requires the following information to be provided:
A written letter outlining why Council is seeking the prohibition (ie anti-social behaviour related
to alcohol misuse), including evidence of any community consultation.
The date and time of requested prohibition.
o Long term dry areas are approved for a continuous period.
o Short term dry areas are generally for an event for a period not exceeding 14 days,
such as New Year’s Eve.
Applications for a dry area must include a detailed and accurate description and plan of the area
in the application including GIS data of the boundary. Please note, plans must be produced by
Council as there may be copyright issues with using plans provided by external agencies.
o Descriptions and plans are legal documents and are published in the government
gazette.
o They can use used in court and are required to be clear, exact and unambiguous.
o Dry areas should follow commonly identifiable geographical features. In order of
precedence they should follow legal allotments (cadastre) boundaries, road reserves
(that adhere to allotments) and topographic features
o Examples of dry area plans and rules to define and produce them are contained in:
Appendix 1—Geographically defining dry areas
Appendix 2—Map production rules for plans
Appendix 3—Example dry area plans
A letter of support from the Officer in Charge of the local Police station.
A letter of support from the local Member of Parliament.
In the case of long term dry areas, Council must provide details of public consultation which
should include consultation with relevant service providers to address displacement issues.
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Dry Area Guidelines - updated September 2015 Page 3 of 17
Consumer and Business Services
Applications must be made to the Liquor and Gambling Commissioner at least four months before
the event date.
Long term dry areas are approved by the Minister by notice in the Government Gazette following a
recommendation by the Commissioner.
Short term dry areas are approved by the Commissioner by notice in the Government Gazette.
Dry Area Signage
For a dry area to operate effectively, the area must have adequate signage informing the public of the
prohibition. Inadequate signage causes confusion for members of the public and poses issues for
police in the enforcement of dry areas. It is recommended that Councils follow the Dry Area Signage
example provided later in these Guidelines to ensure that the dry areas are properly identified.
Dry Area Signage Requirements
Signs should be placed at every major vehicle and pedestrian entrance to the dry area.
Signs should be no smaller than 450mm x 225mm.
Signs should be clearly visible - placed in prominent places and unobscured by trees,
buildings or other signs etc.
In the case of park lands and large open spaces, signs should be place around the dry area
perimeter at no less than 25m apart.
Signs should contain the following information:
o Location of dry area (ie City Square bounded by XX St and YY Ave).
o Hours of prohibition (ie 24 hours or between 10pm and 6am).
o Police assistance number - 131 444.
See example sign for further guidance.
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Dry Area Guidelines - updated September 2015 Page 4 of 17
Consumer and Business Services
The publishers and authors of this material accept no responsibility whatsoever for any damage or loss suffered howsoever caused as a consequence of the reliance upon the statements or information contained in the materials.
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Dry Area Guidelines - updated September 2015 Page 5 of 17
Consumer and Business Services
Appendix 1—Geographicaly defining dry areas Dry areas are accurately and legally defined by detailed text descriptions. Dry area plans are required
to be an exact representation of the text descriptions. To reduce ambiguity dry areas should be
defined to accordance with the guidelines below.
Defining dry area boundaries
Dry areas are defined using cadastral boundaries and topographic features that would be easily
identifiable by the public and enforcement officers. Roads (centre-line) should not be used as they are
not legal boundaries.
Cadastre Primarily boundaries should be defined by cadastral boundaries as these are legal property
boundaries.
Cadastral boundaries are used to define the edges of a road reserve—
A road reserve is not limited to the kerb or edge of bitumen or footpath but includes everything within the reserve
Road reserves can be fully included or excluded from a dry area
Occasionally only the road reserve is the dry area and excludes all other surrounding land
If a dry area includes only a portion of land within a road reserve this should be explicitly described
or
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Consumer and Business Services
Only in rare occasions should additional road reserve data be created where normal data does
not exist to support the text description.
o E.g. an access road to a car park here, there is no authorised road reserve or allotment
boundary.
Authorised road reserve data – limited geographic reference to location with no visible access to the dry area
Gazetted plan with car park access added
As cadastre is continuously changing—through subdivisions and boundary realignments—it is
important to use the most current information. Text descriptions and maps should reflect
current data at the time of capture and reviewed when continuations of existing dry areas are
submitted.
Topographic features
A dry area may use commonly identifiable topographic features to identify a boundary, such
as—
boat ramps, breakwaters or sea walls, buildings or other built structures, car parks, caravan
parks, causeways, the coastline (low and high water mark), fence lines, footpaths, jetties, kerb
lines, playgrounds, riverbanks, slipways, walking or cycle paths, water bodies, watercourses or
wharfs.
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Dry Area Guidelines - updated September 2015 Page 7 of 17
Consumer and Business Services
Topographic features that extend over or into water areas (ocean, lakes and rivers) such as
jetties, causeways, wharves, boat ramps, slipways and pontoons need to be clearly identified
to whether they are included or excluded from the dry area. Additional descriptive notes on the
map may be required.
o Where these features are included within the dry area, they should be clearly shown on
the published gazetted map where space and scale permit otherwise add a note, e.g.
Only use topographic features relevant in the text description for a dry area.
Roads
As a dry area will generally be defined by road reserves only use road information for the
location and names of roads associated with an area.
Only use authorised information to define a dry area.
The sources of authorised road data are—
o State government for major and arterial roads and roads outside local government
areas.
o Local government for local roads.
Street directories, Google and tourist maps are not suitable information sources.
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Consumer and Business Services
Appendix 2—Map production rules for plans Dry area plans are legal documents and must clear, exact and unambiguous. Map data should be
limited to only the level of detail described in the text descriptions. The only other information on the
map, besides what is in the text description, should only be data that helps with geographic
referencing e.g. rivers and water bodies, railways, ovals, jetties and prominent buildings.
Map size
Dry area plans produced for the government gazette have fixed dimensions that are suitable to insert
directly into the gazette. Plans inserted in the government gazette must be black and white and
suitable to use with photocopiers and facsimile machines.
Dry Area Guidelines - updated September 2015 Page 14 of 17
Consumer and Business Services
Appendix 3—Example dry area plans
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Consumer and Business Services
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Dry Area Guidelines - updated September 2015 Page 16 of 17
Consumer and Business Services
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ATTACHMENT 3
Gazetted Dry Areas Town of Gawler
Gawler Area 1
Extent of prohibition
The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: 7 pm on each day to 7 am on the following day.
Description of area
The area in Gawler bounded as follows: commencing at the point at which the western boundary of Julian Terrace intersects the northern boundary of Bridge Street South, then south-westerly along that boundary of Bridge Street South to the western bank of the South Para River, then generally northerly, north-easterly, north-westerly, south-westerly and northerly along that same bank of the River to the point at which it crosses Fourteenth Street, then south-easterly, easterly and north-easterly along the southern boundary of Fourteenth Street to the point at which it meets the south-western boundary of Lot 675 FP 211461, then generally south-easterly, easterly and north-easterly along the south-western, southern and eastern boundaries of that Lot to the southern boundary of Scheibener Terrace, then generally easterly and north-easterly along that boundary of Scheibener Terrace to the southern boundary of Tod Street, then easterly along that boundary of Tod Street to the point at which it meets the south-western boundary of Whitelaw Terrace, then generally south-easterly and southerly along that boundary of Whitelaw Terrace and Julian Terrace to the point of commencement.
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Map of area
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Gawler Area 2 Extent of prohibition The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: 7 pm on each day to 7 am on the following day. Description of area The area in Gawler bounded on the south by the northern boundary of Walker Place and the north-eastern boundary of Whitelaw Terrace, on the west by the eastern boundary of Reid Street, on the north by the southern boundary of Finniss Street, and on the east by the western boundary of Murray Street. See the plan in Gawler Area 1. Gawler Area 3 Extent of prohibition The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: 7 pm on each day to 7 am on the following day. Description of area The area in Gawler hatched in the plan in this schedule.
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Map of area
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Gawler Area 4 Extent of prohibition The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: Continuous. Description of area Julian Terrace between Bridge Street South and Walker Place. Whitelaw Terrace between Walker Place and Tod Street. Murray Street from Dead Man's Pass to Murray Road ford. Gawler Area 5 Extent of prohibition The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: Continuous. Description of area The area in Gawler hatched in the plan in this schedule.
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Map of area
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Gawler Area 6 Extent of prohibition The consumption of liquor is prohibited and the possession of liquor is prohibited. Period of prohibition: Continuous. Description of area The area in Gawler, forming part of the area generally known as Clonlea Reserve, bounded as follows: commencing at the point at which the southern fence of the tennis courts at the southern end of Lot 54 DP 91707 ('the tennis courts') meets the eastern fence of the tennis courts, then approximately easterly along the prolongation in a straight line of the southern fence of the tennis courts to the point at which the prolongation intersects the centre line of the North Para River, then generally south-westerly, westerly and north-westerly along the centre line of the river to the point at which it intersects the eastern boundary of the sealed carriageway of Murray Road, then northerly along that boundary of the sealed carriageway of Murray Road to the point at which it intersects the prolongation in a straight line (approximately westerly) of the southern fence of the tennis courts, then approximately easterly along that prolongation and fence to the point of commencement.