Supplementary Agenda

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 1 November 2017 commencing at 2.00 pm to consider and resolve on the matters set out in Ordinary, Supplementary and the attached Supplementary Agenda.





Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott



General Manager, Ms Leanne Barnes

Acting Director, Transport and Utilities, Mr Ian MacFarlane

Acting Director, Planning and Environment, Mr KeithTull

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary




Council       1 November 2017


Supplementary Agenda


 9    Staff Reports – Planning and Environment (Sustainability)

In accordance with the resolution of Council 20 September 2017, this section of the agenda will be chaired by the Mayor.

9.2                Alcohol Free Zone - Merimbula..................................................................................................... 4







1 November 2017



Staff Reports –Planning And Environment


1 November 2017

In accordance with the resolution of Council of 20 September 2017 this section of the agenda will be chaired by the Mayor.  

9.2              Alcohol Free Zone - Merimbula............................................................................ 4

Council 1 November 2017

Item 9.2


9.2Alcohol Free Zone - Merimbula      


This report relates to an application from NSW Police for the establishment of an Alcohol Free Zone (AFZ) which covers Ford Park and surrounding streets, Merimbula from 3:00pm 31 December 2017 to 8:00am 1 January 2018.


Acting Director Planning and Environment  



The application for the AFZ was made by the NSW Police to Bega Valley Shire Council to minimise risk and improve safety to event participants, local residents and emergency services workers at the Sapphire Coast New Year’s Eve Spectacular 2017. The proposed area to be covered by the AFZ is shown in the below map.

Figure 1- Proposed AFZ identified in red edging


The NSW Department of Local Government Ministerial Guidelines on Alcohol Free Zones s states that one or more people may make application to a local council to establish an AFZ including a Police Officer. In making the application the NSW Police have advised that numerous incidents relating to the consumption of alcohol were recorded by police including underage drinking, brawling, obscene language and abusive behaviour during the New Year’s Eve celebrations, Ford Park Merimbula 2016/17. The application identifies that last year’s celebrations saw many incidents where legislation was used to move people on from the Ford Park area. Police used those powers due to the fact that the behaviour caused fear that the intoxicated people may harm other people within the area. The application further states that the police officers attending the celebration agreed that the incidents which occurred were not ‘minor’ incidents and for Police to support the event as an alcohol event would not be responsible on their part based on the 2016/17 event experiences.

The introduction of an AFZ for the 2017/18 event was discussed with the Merimbula Chamber of Commerce. The Chamber have advised that they do not support the introduction of an AFZ for the New Year’s Eve celebrations for several reasons including that the original event was put together through consultation with police and council in order to keep everyone in the one place and the vast majority of event attendees between 5:00pm and 9:30pm are families who drink responsibly in a safe, protected environment. The event has always been a designated alcohol allowed event on the grassed area until midnight after which time the normal restrictions relating to alcohol consumption would apply.



Council would be required to erect appropriate signage identifying any AFZ .It is considered that should the AFZ be approved signage created can be of a generic nature which will allow future re-use. Any required signage is able to be funded from Council’s existing budget allocation.


The application from the Police for the APZ outlines a number of incidents that occurred during last year’s New Year’s Eve celebrations and clearly states that the Police would not support this year’s event if alcohol consumption is permitted.

It is considered that the local police are in the best position to judge the effectiveness of the AFZ.

Whilst the  Merimbula Chamber of Commerce have advised that the Chamber does not support a AFZ, it is recommended that the application be advertised for public comment for a period of 30 days as required for all AFZ applications under the State Guidelines.



1.          Draft Proposal Alchohol Free Zone Merimbula New Years Eve Celebrations 2017/18



1.         That the application from the NSW Police Service for the establishment of an alcohol free zone surrounding the Ford Park area, Merimbula, as shown on the map identified as Figure 1, in the report be advertised for a period of 30 days in accordance with Section 644A of the Local Government Act 1993 and the NSW Department of Local Government Ministerial Guidelines on Alcohol Free Zones.

2.         That upon expiration of the consultation period, the proposal to establish the alcohol free zone in Merimbula be reported to Council for determination pursuant to S.644B of the Local Government Act 1993.



1 November 2017

Item 9.2 - Attachment 1

Draft Proposal Alchohol Free Zone Merimbula New Years Eve Celebrations 2017/18