Council policy on legal highs reflects community’s concerns
Published on 24 November 2014
24 November 2014
Wanganui District Council has adopted its policy on the sale of legal highs after considering 691 submissions from the public.
Mayor Annette Main said the Psychoactive Substances: Local Approved Products Policy defines the locations in the district where premises will be able to sell legal highs.
“Our policy reflects the huge amount of concern in our community about the availability of these products,” Mayor Main said.
“The policy was developed with the Safer Whanganui forum and its Alcohol and Other Drugs Reference Group, and the vast majority of submissions we received were through the ‘Up in Smoke’ campaign, so there has been wide community involvement in this process.
“Unfortunately, the legislation doesn’t allow for the banning of these products, as many of our submitters wish, but the policy allows us to minimise as much as possible the potential adverse effects on our community and on those who use legal highs.
“The Psychoactive Substances Act bans the sale of these products in certain types of premises. The Council has now defined specific geographical areas in which other retail and wholesale premises may be located and the distance they must be from certain sites and from other shops selling legal highs. The Act currently doesn’t allow us to limit trading hours but we have included a note in the policy about the hours that we would support should this become possible in the future.”
The Act prohibits the sale of psychoactive products from dairies, convenience stores, grocery stores and supermarkets; service stations; liquor outlets; premises that are not a fixed permanent structure e.g. tents, marquee; vehicles or other conveyances e.g. a mobile street cart; and any other place or premises specified or described in the Regulations.
The Council’s policy specifies that retail premises licenced to sell approved products are only permitted within the geographical area of the Central Business District but must not have their shop frontage facing onto Victoria Avenue. The premises’ main access must originate from the footpath facing the main arterial route of the premises.
The policy also specifies that wholesale premises from which approved products may be sold are only permitted within the geographical area of the Commercial Area and must have their principal access facing the main arterial route of the premises.
Both retail and wholesale premises must not be situated within 300 metres of any other premises from which approved products may be sold (measured between the principal entrances along the footpath, service lane or road). They also must not be situated within 50 metres of an educational facility, community facility, place of worship, place of cultural significance, government department, residential area, pharmacy or key bus stop.
After considering the public submissions, the Strategy and Policy Committee, under delegated authority from the Council, made the following amendments to the draft policy:
- A note was included in support of discretion to determine trading hours. It advocates maximum trading hours of 9.00am to 5.00pm Monday to Saturday, with selling prohibited on public holidays and Sundays, if this discretion is permitted in future.
- The Wanganui Mail Centre Building at 60 Ridgway Street (where community groups associated with Community House are now located) was added to the list of sensitive sites.
“Given the huge number of submissions received on the draft policy, with 186 of these requesting a total ban that is not legal for us to implement, on behalf of our community I will be asking central government to legislate for a total ban on the sale of psychoactive substances,” Mayor Main said.
Definitions in the Psychoactive Substances: Local Approved Products Policy
Central Business District - the area of Wanganui bounded by St Hill Street, Taupo Quay, Drews Avenue, Watt Street, Cameron Terrace, Wicksteed Street and Ingestre Street.
Community facility - any land or building owned or administered by the Council and open to and provided for the benefit of the public; and the Wanganui Mail Centre Building situated at 60 Ridgway Street where community organisations associated with Community House Wanganui are located but excludes footpaths, service lanes, roads, and Council off-street car parks.
Educational facility - includes learning sites such as primary, intermediate or secondary schools and kura kaupapa, and institutions delivering educational services for groups with special educational needs.
Key bus stop - St Hill Street outside Trafalgar Square.
Place of cultural significance - a building or site; such as a marae, whose setting, use, associations and meanings have historic, social or spiritual value for past, present or future generations and includes but is not limited to Pakaitore / Moutoa Gardens, Whanganui River and the Returned Servicemen Association premises (RSA).
‘Place of Worship’ - land and/or building used for public and/or private assembly of people for worship and may include a church, church hall or church yard.
Residential area – the urban area of Wanganui excluding the CBD and Commercial area.