The Maurie Kjar Swimming Pool Complex has just been renovated. Photo: Supplied / LDR
Kawerau District Council has received legal advice against allowing alcohol at private events at its swimming pool complex.
At a council meeting this week, Mayor Malcolm Campbell said after spending over half a million dollars upgrading the pool's barbecue area he would be "very disappointed if we didn't let common sense prevail here".
"If we're going to say, well you can go down and have a barbecue but you can't have a beer, we're going to look a bit stupid as councillors."
As part of the current review of its Alcohol Control Bylaw, the council sought legal advice about its obligations under the Health and Safety at Work Act in regard to hiring out the newly renovated Maurie Kjar Swimming Pool Complex for private events, in particular, whether it should allow alcohol to be consumed.
The advice that came back from Holland Beckett Law was that the council had a duty under the act to take whatever steps were necessary to ensure people who hired the complex were able to, and would, use it in a safe manner.
The law firm's recommendation was not to allow alcohol to be consumed at the complex as the combination of water and alcohol was high-risk.
"The presence of alcohol at events at the complex is likely to be unduly risky," the recommendation said.
It went on to say that if alcohol was to be allowed, strong minimum standards should be applied, such as limiting the level of alcohol to be served and prohibiting people who had consumed alcohol from entering the water.
It was also considered that the council should require a lifeguard to be present at events and have a mandated adult-to-child ratio.
"The council may also choose to impose rules around other high-risk activities such as running, diving or bombing."
The report was received at a council meeting on Tuesday at which councillor Aaron Rangihika described it as "PC gone wrong" and "lawyers trying to cover themselves".
"I actually don't agree with half of what's in here," he said.
Regulatory and planning group manager Mikaela Glaspey said there had been no decision made yet on what action would be taken as a result of the legal advice.
"When we consider the bylaw, we need to make a decision then. The bylaw has always covered the swimming pool area. I don't know why, but we've always allowed [alcohol at private events].
"We've never considered that as a bylaw when hiring out the venue, so we've allowed alcohol there."
She said the bylaw needed to be brought in line with what was put in practice and "come up with new policies around our swimming pool or decide that we're going to stay with what we're doing currently".
Councillor David Sparks said he felt common sense should prevail.
"Prohibition, to me, would be quite wrong and somewhat hypocritical in view of the fact that we've had staff functions there."
Deputy mayor Faylene Tunui said she felt the recommendations were hugely restrictive and she thought the idea of the council being able to provide lifeguards for after-hours events was "highly unrealistic" considering the difficulty with finding lifeguards to fill the pool's regular opening hours.
She also asked to know how many drownings they had had as a result of private bookings at which alcohol had been served.
Campbell said council needed to be very careful how they managed this as, at this point in time, the onus was on the hirer.
"If something were to happen it would come back to this table."
The council received only four submissions to proposed updates to its Alcohol Control Bylaw, three in favour of it and one worried it would prevent businesses from indulging in private, after-hours drinks on their own premises.
Glaspey said while a business was open to the public the bylaw would apply but once it was closed to the public, after hours, it was private so people were free to drink there.
The council reviewed its Alcohol Control Bylaw and put a draft out for public consultation in mid-July. Submissions closed in August.
The bylaw, created in 2004 by request of New Zealand Police as an aid to prevent crime in the town and last updated in 2009, prohibits drinking in the town centre, including the swimming pool, although gives the council the power to grant dispensation or special licences for public events.
There were no changes to the bylaw that would significantly affect alcohol use in the town.
The updated bylaw is scheduled to be adopted at a meeting of the Regulatory and Services Committee on 13 September.
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