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IN THE LIQUOR LICENSING DIVISION OF WESTERN AUSTRALIA

IN THE MATTER OF AN APPLICATION BY COURT IN THE ACT PTY LTD FOR A TAVERN

RESTRICTED LICENCE FOR PREMISES TO BE KNOWN AS ‘THE COURTHOUSE’

PUBLIC INTEREST ASSESSMENT SUBMISSIONS

Date of Document: 15 November 2019

Filed on behalf of: The Applicant

Prepared by:

Tim Monaghan, Consultant

Dwyer Durack Lawyers

_________

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SECTION A: DETAILS OF APPLICATION

TERMS USED

1. In these submissions, reference to:

a. Act means the Liquor Control Act 1988;

b. Applicant means Court in the Act Pty Ltd;

c. Application means the application by the Applicant for the Licence in respect

to the Premises;

d. Licence means tavern restricted licence pursuant to s.41(1)(c) of the Act;

e. Locality means the locality relevant to the Application as defined in these

submissions.

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f. Premises means the land and buildings at 45 Henderson Street, Fremantle WA

as depicted in plans filed in support of the Application;

g. Regulations means the Liquor Control Regulations 1989;

h. RSA means the responsible service of alcohol; and

i. Venue means the business operating under the Licence trading under the

name ‘The Courthouse‘.

The Applicant

2. The Application is driven by managing director of the Applicant company, Karl Bullers

who is an experienced and responsible participant in the WA hospitality industry

having successfully established and operated a number of sizable, high quality

licensed venues in Western Australia and internationally.

3. Attached and marked A1 is a copy of the resume of Karl Bullers.

4. The nature of the venues that have been created by Mr Bullers and the manner in

which they have been operated provides a clear indication of the intended standard

and style of the proposed Venue. The established operational ethos of these venues

will equally apply to the proposed Venue, namely:

a. The provision of high quality liquor and related services to the public;

b. Professional and responsible management and strong adherence to

compliance with all legal requirements of the Act and Regulations;

c. Strong connection to the local community;

d. Providing significant tourism benefits, providing quality hospitality facilities

and services which will satisfy the leisure and hospitality requirements of

tourists;

e. Firm commitment to the responsible service of alcohol and to operating the

Venue without causing additional levels of alcohol related harm and ill-health

in the Locality;

f. Operating without causing undue disturbance, offence or inconvenience to

residential and business neighbours and increasing amenity for persons living

and working in and near the Locality;

The Premises

5. The Fremantle Police Station and Court complex (incorporating the 1899 limestone

former courthouse) is a group of buildings located at 45 Henderson Street, Fremantle.

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6. This one hectare complex includes the former courthouse, police station, various

accommodation buildings and lock-up. The group was originally constructed between

1896 and 1903. Later elements of lesser significance include the 1957 and 1978

extensions to the courthouse, the lock-up keeper's house, Norfolk Island pines and

Canary Island date palms.

7. The site is registered on the State Heritage Register (place number 878) (Source:

http://inherit.stateheritage.wa.gov.au)

8. The use of the site for police and justice services ceased about a decade ago, the State

government placed the site on the market for sale and was purchased by the current

freehold owner with the intention of developing the site.

9. On 18 October 2018 the Joint Development Assessment Panel granted the owner

planning approval for a mixed-use development comprising a five star hotel with

approximately 100 short stay accommodation rooms, an adjacent hospitality precinct

and a strip of retail shops in the nearby heritage warders cottages.

10. With its central location in the Fremantle CBD and its proximity to numerous existing

and soon to be established leisure, tourism and hospitality facilities, the site is set to

become a popular central hub in inner city Fremantle.

11. One of the key parts of the proposed development of the complex is establishing a

hospitality venue in and around the heritage courthouse buildings. The owners sought

a suitable operator to create and operate this part of the venue and ultimately agreed

to lease the Premises to the Applicant for this purpose.

12. The Courthouse buildings comprise two courtrooms constructed in limestone

featuring with 6m high ceilings and heritage styling. The exterior of the building has

ornate columns and an attractive period design.

13. The adjacent gardens present an inner-city leafy oasis under the shade of numerous

established peppermint trees.

14. The internal and external areas of the Premises have a combined area of

approximately 1,040 m2.

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15. These Premises are truly unique in the Western Australian hospitality landscape given

their high level of heritage significance in terms of its architecture, history and use.

16. The location of the Premises is ideal for the proposed Venue in light of the following

features:

a. Located in the heart of a one or Perth’s key cultural, entertainment and

hospitality and leisure precincts which currently attracts large numbers of

persons living in and near the Locality and throughout the greater Perth

metropolitan area.

b. Located in a key WA tourist precinct in close proximity to several key tourist

attractions including the Fremantle Markets, Fremantle Oval, Fremantle Old

Drill Hall and the world heritage listed Fremantle Prison Complex which

currently attract significant numbers of visitors every year;

c. Located close to numerous cafes, restaurants, art galleries, live music venues,

cinemas and other cultural and dining facilities situated in central Fremantle.

d. Located close to the $270 million Kings Square redevelopment

17. The following can be noted in terms of transport issues:

a. The Premises are well serviced by public transport facilities including train

(Perth to Fremantle line) and high frequency buses along Marine Terrace (Blue

Cat) and South Terrace (Bus #532);

b. There are ample parking facilities in the vicinity of the Premises;

Proposed improvements to the Premises

18. The Applicant has engaged the services of Slavin Architects.

19. The project architects have considerable experience including the design of public

heritage venues.

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20. The Applicant’s total budget for the project is in the order of $4.5 mill.

21. The Applicant’s proposal involves a significant restoration of the courthouse buildings

in accordance with the requirements of the local government authority and relevant

heritage organisations.

22. The Premises will provide patrons with a choice of five distinct areas, namely:

a. Courtroom 1: Restaurant;

b. Courtroom 2: Main bar area;

c. Lounge Bar: Lounge area / private function space;

d. Pavilion: Situated in the garden area this all-weather, multi-use space can be

a family dining area, coffee lounge or private function/wedding space; and

e. Garden Area: A relaxed, family friendly garden area shaded under the old

peppermint trees

23. The internal refurbishment will involve wood panelled walls, open fireplaces and

polished jarrah floorboards to create an ambiance that is both comfortable and

welcoming whilst respecting the rich history of these historic buildings.

24. Back of house facilities for dining and beverage services will be installed and

maintained to the highest standards to allow the venue to consistently offer liquor

and related services to patrons of a quality expected by contemporary consumers.

25. The garden area will be landscaped to provide a range inviting areas for patrons,

including family groups, to relax and enjoy hospitality services in an outdoor

environment to capitalise on WA’s climate. The pavilion will provide an undercover

area in the garden for use as required. The area will feature children’s entertainment

and play equipment to cater for the requirements of family groups with younger

children.

26. The Venue will provide a unique and exciting addition to the range of licensed

hospitality venues presently located in Fremantle and one which offers an experience

to patrons unmatched by any existing licensed venue in the State.

INTENDED MANNER OF OPERATION

27. The Applicant seeks to establish a high quality hospitality venue with a strong local

identity and offering a broad range of quality licensed services to the members of the

public.

28. The Applicant is committed to operating the Venue in a manner that positively

contributes to the lifestyle, leisure and tourism attractions in the Locality while

minimising the risk of any negative impacts in the community. Accordingly, the

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Applicant has developed its proposal with the aim of ensuring that the Venue operates

at all times:

a. as a safe and comfortable environment for patrons of all ages, including

females and families;

b. without causing an increase in alcohol related harm and ill-health in the

community;

c. without causing undue disturbance to persons living and working in the

Locality; and

d. as a positive contribution to the amenity of the Locality.

29. The location, physical layout, and proposed high quality renovation and fit out of the

Premises combined with the quality and range of licensed services proposed to be

offered to the public will create a hospitality venue that is distinctive and of a high

standard.

30. The Applicant seeks the grant of the Licence to provide the operational flexibility

required to allow it to meet the needs of the public for the range of liquor and related

services proposed to be provided at the Venue as described in these submissions.

31. All features of the Venue as described in these submissions have been designed to

provide a range and quality of products and services that will satisfy the requirements

of consumers, deter persons in recognised ‘at risk’ categories and mitigate against risk

of negative impacts of the operation of the Venue on the local community.

Capacity

32. The Applicant intends to accommodate a maximum of 750 patrons on the Premises

at any one time and would consent to a condition being attached to the licence in the

terms referred to below should the Director see fit to do so.

Trading hours

33. The Venue will operate under the permitted trading hours prescribed by the Act for

this category of liquor licence.

34. Actual trading hours will be subject to demand with an opening time of 11.00am likely

to be applied initially.

Management, supervision & training

35. Operation of the Venue will be benefited by the ‘hands on’ involvement of principal

director of the Applicant company, Karl Bullers, who has attained considerable

experience in the WA hospitality industry and will supervise and control of all aspects

of the business operating under the licence.

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36. Staff and approved managers will be subject to induction and ongoing in-house

training to ensure the highest standards of service and a comprehensive knowledge

of all legal requirements under the Act. Special emphasis will be placed upon

responsible service principles (see below).

37. As an experienced operator, the Applicant is well aware of the risks and

responsibilities associated with the supply of liquor. Accordingly, this proposal has

been developed with the specific aim of ensuring that the Venue operates as a

positive addition to the Locality’s lifestyle, leisure and tourism attractions and with a

broad range of effective mitigation measures in place at all times.

38. The Applicant’s previous track record in the hospitality industry provides a high

degree of confidence in this regard and demonstrates a commitment to the provision

of high-quality liquor and related services, combined with professional standard of

management control and an emphasis on the responsible service of alcohol.

Dress code

39. The Applicant is aware that adherence to a carefully devised dress code can be an

effective way to manage licensed premises and patron profile.

40. The dress code for the Venue will be “smart casual”. This will be interpreted strictly

by management to ensure that the Venue is attended by the desired demographic

and to minimise persons in a ‘high risk’ category from seeking to attend the Venue.

Juveniles

41. The Venue has been specifically developed to appeal and cater to a broad cross-

section of the community including family groups with children.

42. It is expected that demand from family groups will be greatest during lunch and dinner

meal service periods, particularly on weekends and Public Holidays.

43. Unaccompanied juveniles will not be permitted in the venue other than in

circumstances permitted by the Act.

44. The Applicant will apply an internal management policy prohibiting accompanied

juveniles to enter or remain on the licensed premises after 9.30pm on any night of

trade.

Dining

45. Dining services will be a key element of the business operating under the Licence.

46. Plans of the Premises filed in support of the Application show that the Venue will

comprise significant kitchen facilities capable of servicing the dining demands of

patrons at all times, including during peak trading periods.

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47. The Applicant’s philosophy on dining will be to source quality, local produce used to

create an accessible range of dining options for patrons at reasonable prices.

48. Patrons will be offered a choice of dining environments from higher end dining

services in a traditional restaurant environment to casual dining options in other areas

such as the garden.

49. Menus will cater fro most patron needs including those of vegetarian/vegan and

menus designed for children.

50. Consistent with the focus on dining services, the Applicant will ensure that a

substantial number of seats will be provided in the relevant parts of the Premises for

the comfort of diners (see below).

51. As part of its commitment to dining services and to RSA principles, the Applicant will

ensure that food is be available to patrons during all hours of trade until 60 minutes

prior to closing.

52. To demonstrate its bona fides in this regard, the Applicant would consent to a

condition being attached to the licence to this effect as set out in the Applicant’s List

of Proposed Licence Conditions (see below) should the Director see fit to do so.

53. Annexed and marked A2 is a copy of indicative dining menu for the Venue.

Functions & events

54. The Applicant will offer a wide range of function options and spaces ranging from

spaces reserved for private groups for dining or cocktails to larger events such as

weddings for up to 100 people.

55. Significant demand for corporate functions is anticipated given the development of

King’s Square and other existing and new office facilities being built around Fremantle.

56. As part of the Applicant’s internal risk management policies, any functions considered

to be associated with a high risk of irresponsible alcohol consumption will not be

welcomed at the Venue including buck’s nights, hen’s nights, ‘party bus’ groups and

18th birthday functions.

Beverages

57. The Applicant intends to maintain beverage services with an emphasis on quality

products, excellent service and stylish presentation including:

a. a large range of international and local craft beers, including some beers

brewed exclusively for the venue by the Little Creatures Brewery;

b. a comprehensive selection of premium wines with a significant focus on wines

produced in WA; and

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c. a strong base of locally produced spirits which will form the basis of an

innovative cocktail list.

58. Liquor products of a high quality will be provided in all menus and priced accordingly.

59. The Applicant will ensure that a range of mid strength, low strength and non-alcoholic

products are available to patrons at all times.

60. Annexed and marked A3 is a copy of an indicative beverage menu for the Venue.

RSA and drink policies

61. The Applicant is strongly committed to RSA principles and proposes a number of

voluntary measures in support of harm minimisation.

a. The Applicant does not intend to promote drinks that would tend to

encourage the rapid or excessive consumption of alcohol.

b. Induction training will include a strong emphasis on encouraging responsible

consumption, pro-actively discouraging excessive or rapid consumption and

effectively identifying signs of drunkenness and implementing effective

measures to deal with patrons exhibiting such signs. This will apply to all ‘front

of house’ staff including bar, wait and glass collection staff.

c. Bar and wait staff will be trained to actively and routinely encourage patrons

to combine alcohol consumption with food and to have ‘breaks’ between

consumption of alcoholic drinks by consuming water and/or non-alcoholic

beverages;

d. Regular refresher training will be conducted for all approved managers and

general staff with a strong emphasis on RSA issues; and

e. All front of house staff including glass collection staff will be required to hold

a valid Responsible Service of Alcohol Certificate.

62. Specific RSA policies and procedures to be implemented at the Venue will include the

following:

a. Bar, wait and glass collection staff to conduct ongoing assessment of the state

of sobriety of patrons at all times and to report any signs of drunkenness

immediately to the senior manager on duty.

b. Managers to ensure that an ‘intox sweep’ of the Venue is conducted regularly

to identify any patrons exhibiting possible signs of drunkenness and to

implement appropriate action in accordance with documented RSA practice

for the Venue.

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c. A wide range of non-alcoholic and mid-strength drinks to be available and

advertised at the Venue during all trading hours;

63. To demonstrate it bona fides in this regard the Applicant would consent to a condition

being attached to the licence in the terms referred to below should the Director see

fit to doing so.

Safety & security

64. The Venue can be considered to be in relatively a low risk category in terms of safety

and security given the following features:

a. High quality of design and fit out;

b. Relaxed ambiance;

c. Significant focus on dining services;

d. Food available for patrons during all trading hours until 60 minutes prior to

closing;

e. Substantial seating provided for patrons;

f. Strict dress code;

g. Comprehensive RSA policies and procedures enforced at all times;

h. Management of the Venue overseen by an experienced and responsible

licensee with a track record of responsible and professional management in

the liquor industry;

i. Commitment to high standard of staff training, quality management and

extensive management controls, policies and procedures in place;

j. Comprehensive restrictive trading conditions in place at all times (see below);

and

k. Comprehensive CCTV coverage.

65. In addition, the Applicant proposes to provide a suitable security services during peak

trading periods, namely, on Friday and Saturday evenings from 8:00pm until 30

minutes after closing.

66. To demonstrate it bona fides in this regard the Applicant would consent to a condition

being attached to the licence in the terms referred to below should the Director see

fit to doing so.

Entertainment

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67. The predominant form of entertainment offered during the majority of permitted

trading hours for the Venue will be music played via the in-house sound system of the

Venue.

68. At other times the Venue will feature local live music (mixture of soloists and small

bands), history and heritage events, themed dinners, wine and beer tasting events,

children’s entertainers.

Neighbourhood & amenity issues

69. The Venue is situated in a mixed-use, inner city location which is currently associated

with a significant level of ambient noise, particularly at night and on weekends.

70. Given these factors and the manner of operation described in these submissions, the

introduction of the Venue into the existing mix of hospitality venues in the Locality is

unlikely to impact significantly on the existing level of amenity in the surrounding

neighbourhood.

71. Nonetheless, in developing the details of this proposal the Applicant has been careful

to address amenity and neighbourhood issues to minimises the risk of disturbance to

neighbours or causing any adverse impact on the amenity of the area.

72. The following relevant documents for the Venue are attached and marked:

a. A4: Venue Noise Management Plan;

b. A5: Venue Management Plan; and

73. These documents demonstrate that the Applicant has given careful consideration to

noise issues covering matters such as:

a. management of noise emitted from the Premises;

b. ensuring the orderly patron egress;

c. collection, internal handling and removal of glass and general rubbish;

d. liquor production issues including the emission of gasses;

e. resident communication & liaison and complaint procedures; and

f. closing procedures.

74. The Venue, its location and its intended manner of operation as described in these

submissions indicate that it falls in a low risk category in terms of the risk of causing

undue disturbance. The following relevant features can be noted:

a. Significant focus on dining services at all times;

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b. Substantial seating provided throughout the Venue to assist in the creation of

a relaxed and casual ambiance and to facilitate and encourage a dining

culture;

c. Catering to patrons covering a broad range of ages including family groups;

d. Adherence to the Venue’s Noise Management Plan;

e. Comprehensive range of restrictive trading conditions in force at all times; and

f. Strict adherence to responsible service of alcohol principles at all times;

75. This comprehensive range of management controls and risk mitigation policies and

procedures to be implemented and maintained by the Applicant provide a high level

of confidence that the Venue will operate without negative impacts in the local

community in terms of noise or disturbance.

Seating

76. The provision of a substantial seating for patrons throughout the Premises during all

regular trading periods is a key element of the Applicant’s vision for the Venue to

assist in maintaining the desired relaxed and comfortable ambiance and to facilitate

a ‘dining culture’ in the Venue.

77. Accordingly, the Applicant’s intention is to provide a substantial quality of seating for

patrons throughout the Venue during all regular trading periods. Flexibility is sought

to allow for the temporary removal of seats from relevant parts of the Venue as may

be required to cater for the needs of persons attending a private function or special

event.

78. To demonstrate its bone fides in this regard the Applicant would consent to a

condition being attached to the licence in the terms suggested should the Director see

fit to do so (see below).

Packaged liquor services

79. Packaged liquor services will not be provided in the venue.

CONSUMER REQUIREMENTS

80. The Venue will be a venue that attracts a diverse range of patrons where everyone

feels welcome. So, in short this very important building will attract:

a. Families

b. Local residents

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c. Tourists from intra and inter state

d. International visitors

e. Corporate and business

f. History and heritage buffs

g. Local office workers, many from the new adjacent King’s Square development

(housing 1,500 government workers from mid 2020)

81. It is anticipated that persons covering a broad range of ages will be attracted to the

Venue including family groups with accompanied juveniles during the day and early

evenings.

82. Intrastate, interstate and international tourists are expected to comprise a significant

proportion of patronage.

83. All key features of the Venue described in these submissions have been specifically

formulated to attract the desired demographic and to deter persons in “at risk”

categories from seeking to attend the Venue.

84. The Applicant commissioned an independent community survey to gauge to views of

persons in the Locality regarding its proposal. Attached and marked A6 is a copy of

the survey report of Perth Hospitality Research dated 25 September 2019 and the

attachments referred to that report.

85. This evidence is cogent and reliable and it constitutes a representative sample of the

section of the public whose leisure and hospitality needs would be satisfied by the

grant of the Application.

Restrictive Trading Conditions

86. The Applicant is committed to operating the Venue in the manner and subject to the

various restrictive trading conditions described in these submissions.

87. To demonstrate its bona fides in this regard, the Applicant seeks that these restrictive

trading conditions are formalised as conditions attached to the liquor licence in the

terms set out in the document titled ‘Applicant’s Proposed Restrictive Trading

Conditions’ a copy of which is attached and marked A7.

88. The licence conditions suggested by the Applicant are wide ranging and

comprehensive and specifically address issues relevant to potential harm. Collectively

they provide a regime of strict controls that will effectively mitigate against risk of

harm.

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Community Consultation

89. The Applicant is committed to creating a venue that will operate as a positive addition

to the Locality, consistent with general expectations of the local community and local

government policy goals.

90. Accordingly, the Applicant has undertaken a consultation process to maintain active

engagement with key stakeholders during the development of the project including

persons at the City of Fremantle and local business owners and residents. Relevant

parties include:

a. Elected members of the City of Fremantle (including mayor brad Pettitt) and

City staff;

b. Members of the local business community; and

c. Persons residing in the Locality.

91. This consultative process has allowed the Applicant to modify and adapt the details

of the Venue and its intended manner of operation to recognised the reasonable

expectations of the local community members and key stakeholders to ensure that

the Venue will bring only positive changes to the local community.

92. The Applicant has received letters of support from key community stakeholders,

copies of which are attached and marked:

a. A8: Fremantle Tourism Association; and

b. A9: Fremantle Chamber of Commerce

SECTION B: LOCALITY

Locality

93. Attached and marked B1 are the Applicant’s locality submissions.

Local Government Authority

94. For the purpose of section 69(7), Act, the local government authority (LGA) able to

lodge a notice of intervention in these proceedings is the City of Fremantle.

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SECTION C: TOURISM

Tourism in Western Australia

95. Tourism is one of Western Australia’s most significant industries and is a key part of

the State’s economy. The industry generates 109,000 jobs and contributes $10 billion

in visitor spending.

96. Western Australia attracts visitors from a wide variety of interstate and international

markets. These visitors travel to Western Australia for a variety of reasons including

i) Leisure Tourism: including holiday makers and visiting family and

friends

ii) Business Events: including convention and exhibition delegates

iii) Event Tourism: including spectators and participants

iv) International Education: including secondary and tertiary students.

97. Perth is regarded as Australia's most globally connected city with particularly strong

ties to its Asian neighbours which places the city ideally for investment.

98. In addition, Perth is undergoing the biggest transformation in 100 years with recently

completed Elizabeth Quay, Perth City Link and Perth Stadium plus significant

infrastructure projects in development including a number of new hotel

developments which are expected to enter the market over the next five years and a

$1 billion redevelopment of the Perth Airport.

99. In the year ending (YE) September 2017, 20 million intrastate daytrips were taken

within the State and 10.6 million overnight (domestic and international) visitors came

to or travelled within WA. Together, these visitors spent $10.1 billion in the State. Of

this $10.1 billion, $4.5 billion (44%) was spent in Regional WA.

100. Compared to the previous year, the total number of overnight visitors to / within WA

saw a slight decline of (-) 1.6% or 173,200 less visitors (down from 10.75 million to

10.58 million visitors). While there was growth in the number of international visitors

to WA (+2.8%), and the number of interstate visitors remained stable (-0.1%), the

number of overnight trips taken by Western Australians within their State dropped by

(-) 2.3%. The number of daytrips taken by Western Australians remained stable year

on year (+0.1%).

101. The peak tourism body in Western Australia is ‘Tourism Western Australia’ (TWA).

102. Copies of the following documents sourced from TWA are attached and marked:

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a. C1 - TWA Tourism Industry Scorecard YE June 2017

b. C2 - TWA Fast Facts Year Ending June 2015

c. C3 - TWA Visitation to WA Fast Facts Overview Year Ending June 2017

d. C4 - TWA International Visitation Fast Facts Year Ending June 2017;

e. C5 - TWA Domestic Visitation Fast Facts Year Ending June 2017 Final

f. C6 - TWA Tourism Research Australia Tourism Satellite Account 2015-16 Fact

Sheet;

g. C7 - TWA International Markets Summary Year Ending June 2017;

h. C8 TWA - Experience Perth Overnight Visitor Fact Sheet 2014 2015 2016

103. Tourism makes a significant contribution to the State’s economic well-being:

a. Tourism is a key economic driver, generating 109,000 jobs and injecting

$11.9 billion into the Western Australian economy by Gross State Product.

(Source: Tourism Satellite Accounts 2015-16)

b. the WA tourism industry directly accounts for 1.4% of the State economy and

indirectly a further 1.5%, making a total of 2.9%.

c. The WA tourism industry is a key source of employment in the State, directly

employing 72,000 people and accounting for a further 37,000 jobs indirectly,

making a total of 109,000 people in WA employed in the tourism industry.

(Source: Tourism Satellite Accounts 2015-16 ) The WA tourism industry

directly accounts for 5.3% of persons employed in the State, and indirectly a

further 2.7%; contributing 8.1% of the State’s employment in total. (Source:

Tourism Satellite Accounts 2015-16)

d. The cafes/restaurants/takeaway, accommodation and bars/clubs/venue

sector is the top contributor to the WA tourism industry at 36% ($1.5 billion)

of GVA.

Tourism policy and planning

104. Tourism WA has a planning advisory and referral role with a focus on strategic or high-

profile tourism proposals.

105. TWA has prepared a number of planning documents to aid the assessment of tourism-

related proposals and guide strategic planning for tourism.

106. Copies of the following Tourism WA documents are attached and marked:

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a. C9 - TWA State Government Strategy for Tourism in WA 2020 - Detailed

b. C10 - TWA - Corporate Plan 2016-2017

c. C11 – TWA - Tourism Planning Guidelines June 2014

107. The State Government Strategy for Tourism in Western Australia 2020 outlines seven

focus areas to help increase the value of tourism in WA to $12 billion by 2020 in

partnership with industry, government and private sector.

Tourism in the Locality

108. Fremantle is one of Western Australia’s major tourist attractions and is one of the

major visitor destinations in Western Australia for both day and overnight visitors.

109. Tourism is a significant part of the local economy of Fremantle and the Port of

Fremantle.

110. Fremantle is globally recognised as a place that is highly attractive to tourists and local

visitors. Its combination of architectural heritage, restaurants and cafés, galleries and

nightlife are seen as key attractions, as is the fact that being a port city creates a

unique character.

111. The attraction to Fremantle by visitors to the State reflects Fremantle’s relatively high

national and international profile and regional role as a tourist destination. A survey

of local, regional and intrastate, intestate and overseas visitors identified the

following as top reasons for visiting Fremantle:

(i) Dine out at a restaurant (70%)

(ii) Visit Fremantle Markets (50%)

(iii) Shop for leisure (43%)

(iv) Go to the pub or club (35%)

(v) Shop for necessity (34% )

112. Visitors also indicated that they are attracted to Fremantle because they perceive it

as:

a. quirky and off-beat;

b. laid-back and welcoming;

c. providing unique variety of entertainment options and

d. heritage atmosphere

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(Source: Metrix Consulting 2013)

113. In October 2017 TWA commissioned the “Perth Entertainment Precincts Report”, a

copy of which is attached and marked C12. The rankings of the major WA

entertainment precincts were gathered from a survey of 606 West Australians, 73%

of whom were based in Perth metro area and the rest in regional WA. It showed

Fremantle was WA’s favourite inner-city entertainment precinct, enjoyed by people

of all ages. Specific conclusions of the report included:

a. Fremantle was the second most visited precinct (after the Perth CBD);

b. Fremantle was the highest rated precinct all with a rating of 7.3/10;

c. Perceptions of Fremantle precinct included the following:

(i) 74% indicated it was a precinct that they enjoyed visiting;

(ii) 58% considered the precinct was safe

(iii) 67% indicated the precinct was vibrant/lively

114. Fremantle’s popularity with tourists arises from its significant tourism attractions and

the ambiance, heritage, cultural and lifestyle attributes of this city. Fremantle's unique

character is captured by its landscape, heritage, architecture, music, arts and culture,

festivals, retail stores and markets, cafés and restaurants. These contribute to its

village style atmosphere - making it a popular destination for local (intrastate),

interstate and international visitors.

115. Fremantle is undergoing its biggest transformation since the Americas Cup defense in

1987. According to the City of Fremantle, the contribution level of private and public

investment in the pipeline totals around $1.3 billion

116. Fremantle landed seventh spot on Lonely Planet’s Best in Travel 2016: Top 10 Cities

selections – the only Australian location to make the list

117. Fremantle is one of Western Australia’s most popular port destinations and has

recently experienced its biggest cruise ship seasons in 40 years. According to

Fremantle Ports, passenger numbers in 2013-2014 reached levels not seen since the

1970’s with 32 ships bringing more than 65,000 tourist to Fremantle, compared to

55,000 people on 17 ships in 2012-2013. This trend is expected to continue.

118. In 2016-17 the cruise sector contributed $387.4 million to Western Australia’s

economy and supported 1448 jobs. WA’s nine port destinations had 141 cruise ship

visits, a 16.5% increase from 121 calls the previous year. Fremantle Port alone

welcomed more than 144,000 passengers from 61 cruise ship visits.

(Source; Fremantle Ports 2015)

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119. Fremantle is one of the major visitor destinations in Western Australia. A copy of the

City of Fremantle Tourism Visitor Summary is attached and marked C13. It can be

seen from the 08/09 to 15/16 financial years, both domestic and international visitor

numbers have been steadily rising.

120. Attached and marked C14 is TWA - Fremantle Overnight Visitor Fact Sheet 2014 2015

2016. It can be noted from this document:

a. Estimated visitors (average 2014, 2015 and 2016):

(i) Intrastate 74,300 (32%)

(ii) Interstate 100,700 (44%)

(iii) International 54,300 (24%)

(iv) Total 228,900 (100%)

b. Average number of nights stayed (average 2014, 2015 and 2016):

(i) Intrastate 2.3

(ii) Interstate 5.2

(iii) International 12.9

c. Average age of domestic visitors:

(i) 15-24 Years 27,300 16%

(ii) 25-44 Years 52,300 30%

(iii) 45-64 Years 61,000 35%

(iv) 65+ Years 34,000 19%

(v) Total 174,700 100%

d. Average age of international visitors:

(i) 15-24 Years 4,900 9%

(ii) 25-44 Years 24,500 45%

(iii) 45-64 Years 17,100 32%

(iv) 65+ Years 7,700 14%

(v) Total 54,300 100%

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121. Maintaining and evolving tourist accommodation, heritage attractions and a vibrant

and diverse entertainment and dining precinct in central Fremantle is essential to the

health of the State’s tourism industry.

Fremantle Prison & the Prison Heritage Precinct

122. Fremantle Prison Heritage Precinct is a heritage icon with exceptional cultural

heritage significance at state, national and international levels. It is the most intact of

all Australian convict sites - the most evocative and widespread set of convict

transportation sites in the world.

123. Fremantle Prison has become one of Western Australia’s premier tourist attractions

and currently attracts approximately 112,000 visitors per annum.

124. The Fremantle Prison is WA's only UNESCO world heritage-listed building and the

exceptional cultural heritage significance of the Fremantle Prison Heritage Precinct

has also been well recognised by its inclusion onto numerous heritage registers.

125. Over time, Fremantle Prison has had an evolving role including:

(i) a public works prison;

(ii) a convict distribution depot

(iii) the state's only place for executions

(iv) an internment camp for - aliens' and POWs during two World Wars

126. The Fremantle Prison Master Plan 2003 recognises the important role that the Prison

Precinct has to play in the development and expansion of tourism in Western Australia

and the need to realise the potential of the Precinct to:

a. be Western Australia’s premier heritage precinct and a heritage icon to the

people of Western Australia;

b. provide a lasting legacy for the people of Australia and greatly enrich the

cultural life of the state and nation by conserving and interpreting the most

intact convict era site in Australia;

c. be one of Western Australia’s premier destinations for tourism, cultural and

educational activities;

d. be a highly sought after location for a variety of uses, enhancing the vitality of

the metropolitan and local area; and

e. be a model for the care and management of exceptionally significant heritage

properties in Australia.

Fremantle Markets

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127. The Fremantle Markets constitute a significant facility in the centre of Fremantle in

terms of social and cultural significance.

128. The markets are also one of Fremantle’s key tourist attractions. The markets attract a

total of approximately 50,000 visitors per week.

129. History:

a. The Victorian building was designed by architects H.J. Eales and Charles

Oldham. The first Premier of Western Australia, Sir John Forrest, laid the

foundation stone on Saturday November 6 1897, with construction finishing

in 1898.

b. This building is one of only two surviving municipal market buildings in

Western Australia, and one of the few in Australia that continues to be used

for its original purpose.

c. The building functioned as a wholesale food and produce market until the

1950's providing an eclectic mix of fresh produce, reflective of the many

migrants who flocked to the Port City of Fremantle.

d. The building eventually became a packing and distribution centre.

e. In 1970 the Fremantle Markets was officially added to the Register of Heritage

Places and is also listed on the Commonwealth Government's Heritage

Commission Registrar of the National Estate

f. The buildings sat vacant until being restored in 1975 by the Fremantle City

Council. When the refurbished Fremantle Markets was reopened on 31

October 1975, there was a significant addition of ‘Farmer’s Lane’ where fruit

and vegetables were sold.

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g. Today the Fremantle Markets and enjoy the distinctive atmosphere of over a

hundred years of vibrant culture and heritage and contain over 150 stalls,

Cruise ships

130. The global cruise shipping industry is continuing to develop rapidly with an annual

growth of 7.5% since 1980. The Australian cruise market has also experienced growth

in that period of 29.6% in 2011-2012. Growth in Fremantle Port cruise ship visits was

37.9%.

131. Western Australia has experienced significant industry growth with expenditure

increasing from $22m in 2004-5 to $185.7m in 2011-12 with an annual growth of 25%

annually.

132. The State government has identified cruise shipping as a key aspect of growth in WA

tourism.

133. Attached and marked C15 is a copy of the Tourism WA Cruise Shipping Strategic Plan

2012-2020.

134. WA offers eight cruise destinations, with Fremantle Port being the most significant,

generating approximately $160m of expenditure in Perth in 2011-12

135. Fremantle is one of Western Australia’s most popular port destinations.

136. In 2016-17 the cruise sector contributed $387.4 million to Western Australia’s

economy and supported 1448 jobs. WA’s nine port destinations had 141 cruise ship

visits, a 16.5% increase from 121 calls the previous year. Fremantle Port alone

welcomed more than 144,000 passengers from 61 cruise ship visits.

Source; Fremantle Ports 2015

137. Tourism WA, in partnership with the Cruise WA Committee and industry, is working

to capitalise on the growth of the cruise sector through the Western Australian Cruise

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Shipping Strategic Plan 2012-2020 which aims to maximise the economic benefits of

cruise shipping to Western Australia.

138. The plan also provides the State Government and industry with a clear direction on

the initiatives required to make WA a desirable and capable cruise destination.

139. The plan focuses on four key areas – destination marketing; port infrastructure;

strengthening capacity and ownership; and landside destination development.

140. One of the key opportunities identified is to expand and enhance destination product

for shore excursions and pre and post touring options.

Cultural tourism

141. Cultural tourism is a type of special interest tourism involving leisure travel for the

purpose of viewing or experiencing the distinctive character of a place, its peoples,

and its products or productions. It includes history, people and lifestyle, cultural

diversity, arts/architecture and food/wine/local produce.

142. Cultural tourism and Food/Wine tourism are two of the fast growing sub-sets of

tourism around the world. Both Tourism WA and Tourism Australia have been actively

marketing these two sub-sets in recent years.

143. Fremantle as a port City with its unique culture heritage, established entertainment

tradition and developing “foodie” culture has benefited from these industry trends.

However in recent years this has declined somewhat with increased competition from

new developments in Perth.

144. Tourism Australia and Tourism WA use these aspects about Fremantle that is cultural

food wine and entertainment tourism to promote Fremantle as demonstrate on TWA

website “….before exploring Fremantle’s museums and artistic enclaves wander

between the Western Australian Maritime Museum, Fremantle Museum and the neo-

Gothic Fremantle Arts Centre. See Aboriginal and contemporary art in galleries along

High Street, and enjoy the many festivals which offer jam-packed programs of theatre,

music, dance, visual arts…”

145. Tourism Australia:

Tourism Australia’s research conducted across 15 of Australia’s key tourism

markets showed that ‘great food, wine, and local cuisine is a major factor

influencing holiday decision making (at 38 per cent), ranking third ahead of

world class beauty and natural environments (37 per cent).

The research also showed that for people who have never visited Australia,

only 26 per cent associate the destination with a good food and wine offering.

However, for those who have visited, Australia is ranked second across the 15

major markets for its food and wine experiences (60 per cent) behind France

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and ahead of Italy (third). More importantly though, for visitors from China,

USA, France, India, Indonesia, Malaysia the UK and South Korea, Australia is

ranked as the number one destination for food and wine.

To narrow the perception gap between those who have visited Australia and

those who have not, Tourism Australia developed the idea that Australia could

be the world’s greatest restaurant – Restaurant Australia.

Source:http://www.tourism.australia.com/en/about/our-campaigns/food-

and-wine/restaurant-australia.html

146. Tourism WA has over the last two years have been implementing a Food and Wine

Tourism Strategy due to the growth and importance of this niche in destination

marketing. In response to the growing demand globally for food and wine as part of

the travel experience Tourism Australia up until very recently had been promoting its

“Restaurant Australia” campaign around the world.

147. Experiencing good food and wine is one of the key factors in choosing WA to holiday

(Source: 2014 TWA Food and Wine Research Strategy)

148. An important part of Fremantle’s attraction to visitors to WA is its reputation as a

vibrant, creative and culturally diverse community with a broad offer of heritage,

cultural and hospitality attractions.

149. Creating and maintaining a vibrant and diverse entertainment and dining precinct

such as Fremantle is essential to the health of the local tourism industry and

maintaining and developing the quality and diversity of Fremantle’s cultural

attractions is important to attract the increasing important ‘cultural and heritage

tourism’s market.

SECTION D: HARM & ILL HEALTH

Alcohol consumption in Western Australia

150. Annual consumption levels of alcohol by Western Australians has declined steady over

the last few decades, conforming with nationwide trends.

151. Attached and marked “D1” is a media release by the ABS titled “Alcohol consumption

lowest in half a century” which states:

Apparent consumption of alcohol per person has dropped to levels not seen

since the 1960s, according to data released by the Australia Bureau of

Statistics (ABS) today.

In 2016-17, the total alcohol consumed in Australia was equivalent to 186

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million litres of pure alcohol, or 9.4 litres for every person in Australia aged

15 years and over," said Louise Gates, ABS Director of Health Statistics. "This

is the lowest annual figure since 1961-62 and it continues the recent

downward trend which started around 2008-09.

152. Attached and marked “D2” is a media release by the ABS titled “Alcohol-induced

deaths decreasing over time” which states:

Australia has lower rates of deaths directly attributed to alcohol when

compared with the late 1990s, with rates recorded at 5.1 deaths per 100,000

Australians in 2017 compared with 6.6 deaths 20 years ago.

153. Attached and marked “D3” is Department of Health report titled “Health and

Wellbeing of Adults in Western Australia 2016” which describes the findings from data

collected in 2016 from 5,865 Western Australians adults aged 16 years and over. Some

key findings from the report relating to the consumption of alcohol include the

following:

(i) Respondents were asked about their alcohol drinking habits, including

how many days a week they usually drink and how many drinks they

usually have. The alcohol information was categorised into risk levels

based on the 2009 guidelines.

(ii) The prevalence of the population drinking at levels considered high

risk for long term (over a lifetime of drinking) was assessed:

(A) 72.6% of Western Australian were found to have a low risk or

less than low risk of long term alcohol related harm.

(B) 27.4% were found to be at “high risk”, defined as drinking

more than two standard drinks on any one day.

(iii) The prevalence of the population drinking at levels considered high

risk for short term harm was also assessed:

(A) 89.4% of the population was found to have a low risk or less

than low risk status.

(B) 10.6% were found to be at “high risk”, defined as consuming

more than four standard drinks on any one day.

(C) The prevalence of all persons drinking at levels associated

with short-term harm was significantly lower in 2016

compared with 2002 -11 prevalence, with a similar pattern

observed for males and females. (p.53)

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154. Attached and marked “D4” is the Drug and Alcohol office report titled “Drug and

Alcohol Interagency Strategic Framework for Western Australia 2011-2015”.

155. Attached and marked “D5” is the Drug and Alcohol Office report titled “Impact of

Alcohol on the Population of Western Australia – Regional Profile: South Metro health

Service”

Premises Risk Profile

156. Attached and marked D6 is the Applicant’s assessment of the proposed venue in light

of relevant risk factors in terms of alcohol related harm and ill-health.

157. Attached and marked D7 is a copy of chapter 37 of Heather, N, Peters, T and

Stockwell, T. (2001) “International Handbook of Alcohol Dependence and Problems”,

John Wiley & Sons.

158. It can be seen that the Venue does not feature any factors associated with a risk of

patron aggression and violence, excessive or unsafe alcohol consumption or alcohol

related harm and ill-health.

159. Accordingly, the Venue can be considered to fall into a low risk category for alcohol

related harm and ill-health.

Patron Risk Profile

160. The Director’s policy titled “Public Interest Assessment Requirements and Application

Procedures” (dated 3 October 2018) under the section headed, “Harm or Ill Health –

Section 38(4)(a)”, provides as follows:

When addressing harm or ill-health caused due to the use of liquor, applicants

need to consider:

a) are there any ‘at risk’ groups or sub-communities within the locality,

travelling through the locality or resorting to the locality?

b) what are the groups or sub communities in the locality that may be

affected?

c) what are the social health indicators for the locality? and

d) what will be the strategies the licensee will implement to minimise harm

or ill health?

In regard to ‘at risk’ groups and sub-communities, there are a range of groups

that may be more vulnerable to the impact of alcohol. Examples of these

groups have been identified under the Drug and Alcohol Interagency

Framework for Western Australia 2011-2015 and may include:

• children and young people;

• aboriginal people and communities;

• people from regional, rural and remote communities;

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• families;

• migrant groups from non-English speaking countries;

• people in low socio-economic areas;

• mining communities or communities with a high number of itinerant

workers; and/or

• communities that experience high tourist numbers.

This list is not exhaustive, and you are encouraged to consider other ‘at risk’

groups that may be present in the locality.

161. The Drug and Alcohol Interagency Strategic Framework for Western Australia 2011 –

2015 (DAISF) provides (at p4):

The evidence also demonstrates that some population groups experience

greater impacts from alcohol and other drug use than others and therefore

require additional support. Priority population groups include:

• Aboriginal people and communities;

• children and young people;

• people with co-occurring mental health and alcohol and other drug

problems;

• people in rural and remote areas;

• families, including alcohol and other drug using parents; and

• offenders.

162. In the present case, the Venue would be unlikely to attract any significant proportion

of persons that fall within a recognised ‘at risk’ category and that would be likely to

suffer increased alcohol related harm as a result. The following specific submissions

are made:

a. Children and young people: Although patrons of all ages will be welcome at

the Venue it is unlikely that a significant proportion of patrons will be

comprised by this section of the public given the demographic profile of the

Locality, the quality of the fit out and the intended manner of operation.

Unaccompanied juveniles will not be permitted in the Venue. Accompanied

juveniles will be welcomed at the Venue, particularly during usual meal

service periods, however juveniles will not be permitted to remain in the

Venue after 9.30pm. All patrons, including family groups including

accompanied juveniles, will be subject to close management and staff

supervision at all times.

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b. Aboriginal people and communities: It is unlikely that a significant proportion

of patrons will be comprised by this section of the public given the

demographic profile of the Locality and the manner of operation of the Venue.

c. People from regional, rural and remote communities: It is unlikely that a

significant proportion of patrons will be comprised by this section of the

public given the demographic profile of the Locality, the intended manner of

operation of the Venue.

d. Families: Refer to the matters raised in sub-paragraph (a) above.

e. Migrant groups from non-English speaking countries: It can be noted that this

is not an identified “at risk” group referred to in the DAISF. Nonetheless it is

unlikely that a significant proportion of patrons will be comprised by this

section of the public given the demographic profile of the Locality, the

intended manner of operation of the Venue.

f. People in low socio-economic areas: It can be noted that this is not an

identified “at risk” group referred to in the DAISF. Nonetheless it is unlikely

that a significant proportion of patrons will be comprised by this section of

the public given the demographic profile of the Locality, the intended manner

of operation of the Venue, the quality of the fit out of the Premises and the

quality and pricing of products and services at the Venue.

g. Mining communities or communities with high numbers of itinerant

workers: It is unlikely that a significant proportion of patrons will be

comprised by this section of the public given the demographic profile of the

Locality and the intended manner of operation of the Venue.

h. Communities that experience high tourist numbers: It can be noted that this

is not an identified “at risk” group referred to in the DAISF. The basis for the

inclusion of this class of persons in the Director’s Policy is not specified

however it is submitted that a generalisation that tourists of all types and ages

are at ‘at risk’ is not supported by any data or research. At best, only a sub-

set of tourists could possibly be said to be disproportionally at risk of alcohol

related harm and ill-health. It could be argued that, for example, budget

travellers in the ‘young adult’ age bracket may be subject to higher risks of

alcohol related harm. In the present case, although tourists will comprise a

significant proportion of patronage, those attracted to the Venue are unlikely

to fall into any ‘at risk’ category given the intended manner of operation of

the Venue, the quality of the fit out of the Premises and the quality and pricing

of products and services to be provided at the Venue. Further, risks of alcohol

related harm to all patrons, including tourists, will be effectively mitigated in

light of the Applicant’s by comprehensive management controls, commitment

to staff training, implementation of restrictive trading conditions and ongoing

focus on the responsible service of alcohol at all times.

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Designing Out Crime

163. Attached and marked “D8” is the WA Planning Commission document titled

“Designing Out Crime Planning Guidelines”.

164. The location and design of the Premises is consistent with the principles outlined in

those guidelines in that the Premises will be:

a. located in an area designated for mixed use and therefore compatible with

neighbouring uses;

b. well monitored by staff and surveillance equipment;

c. designed to have specific entry/exit locations;

d. located in a well-defined private space;

(i) able to assist in the monitoring of the streetscape via passive surveillance

undertaken by patrons and staff in and around the Premises.

Harm & crime issues in the Locality

165. Copies of the following documents sourced from the City are attached and marked:

a. D9 – Community Safety & Crime Prevention Plan;

b. D10 – Alcohol Management Policy Statement;

c. D11 – Youth Plan;

166. Copies of the following documents relating to the local liquor accord are attached and

marked:

a. D12 - Fremantle Liquor Accord 2017; and

b. D13 – Fremantle Liquor Accord 2000 and Beyond.

167. Relevant projects include the following:

(a) Nyoongar Patrol, to provide transport options for people who may be in

danger or could cause harm to others, moving them on from public spaces;

(b) Supporting greater residential occupancy in the CBD, with the key purpose

being “the more active the CBD is the less likelihood of crime or anti-social

behaviour”.

(c) Eyes on the Street Program, encouraging passive surveillance by the

community;

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(d) CBD Safety and Liaison Officers, to discourage anti-social behaviour and petty

crime;

(e) Transport, continuing to support the provision of transport for late night

visitors to Fremantle;

(f) CCTV Program, completion of stages 2 & 3, which will provide effective

reporting of criminal behaviour, prevent and deter crime within the targeted

area;

(g) Improved lighting in CBD nightspots, South Terrace and corridors to parking

areas;

(h) Pub Street Watch, a communication system between pubs, nightclubs, Police

and the City’s monitoring room aimed at reducing anti-social behaviour within

and around licensed venues in the Locality;

(i) Fremantle Liquor Accord, to assist in the development and implementation of

the Entertainment Precinct Plan.

Crime statistics

168. Attached and marked D14 is a copy of crime statistics obtained from the WA Police

website for the suburb of Fremantle.

SECTION E: LEGAL SUBMISSIONS

169. Attached and marked “E1” is a copy of the Applicant’s summary of legal principles

relevant to the Application.

Section 5: Objects of the Act

170. The Application falls squarely within all of the primary objects and several of the

secondary objects of the Act.

171. Grant of the Application would be consistent with the requirement for the licensing

authority to “ensure the proper regulation of the sale, supply and consumption of

liquor” under s.5(1)(a) because:

a. the licensing authority can be confident that the business operating

under the Licence will be operated in a professional and responsible

manner;

b. the fit-out of the Premises is of a high quality and the Premises and

facilities will be maintained to a high standard; and

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c. the liquor and related services provided at the Venue will be of a high

standard and will constitute a unique hospitality facility in the

Locality.

172. Grant of the Application would be consistent with the object to “minimise harm or

ill-health caused to people, or any group of people, due to the use of liquor” under

s.5(1)(b) of the Act because:

a. The anticipated patron profile can be considered low risk in terms of alcohol

related harm or ill-health;

b. The business operating under the Licence will have a significant focus on

dining services and food will be available to patrons during all trading hours

until 60 minutes prior to closing;

c. The Applicant intends to provide a substantial seating for patrons to

facilitate dining services and the maintenance of a relaxed ambiance;

d. The Applicant is committed to rigorous regime of staff training to maintain

a high standard of professionalism in all staff at all times;

e. The Applicant is committed to responsible service of alcohol through strict

adherence to RSA procedures and policies;

f. The Venue will not sell or supply alcohol for consumption off the licensed

premises;

g. The manner of operation of the Venue is low impact and does not involve

activities or categories of patrons associated with high health risks.

173. Grant of the Application would cater for the requirements of consumers for liquor

and related services with regard to the proper development of liquor industry and

other related hospitality industries under s.5(1)(c), Act and would facilitate the use

and development of licensed facilities reflecting the diversity of the requirements of

consumers in the State under s.5(2)(a), Act by providing:

a. High quality premises in a heritage setting;

b. A diversified range and high quality of services including dining, beverage

and function services;

c. A convenient and accessible location for locals and tourists;

d. A licensed venue that is distinctive and unique in the Locality;

e. A safe and well-controlled environment; and

f. additional variety and choice for consumers.

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174. The Venue would cater for the requirements of consumers for liquor and related

services with regard to the proper development of the tourism industry under

s.5(1)(c) because:

a. the Premises are located in a recognised tourist precinct in proximity to a

number of significant existing tourist attractions, facilities and events which

currently attract significant numbers of tourists;

b. the Venue will be a tourist attraction in its own right given the historic and

architectural significance of the Premises and the range and quality of

hospitality services proposed to be provided at the Venue;

c. the liquor and related services proposed to be provided at the Venue would

cater for and be attractive to the leisure and hospitality requirements of

intrastate, interstate and international tourists visiting the Locality;

d. would be consistent with the tourism objectives of the local government

authority, assist in attracting greater numbers of tourists to the Locality and

increase the contribution of tourism to the economy of the Locality;

e. grant of the Application would assist in attracting greater numbers of tourists

to the Locality and increase the contribution of tourists to the economy of the

Locality;

f. grant of the Application would assist in the continued promotion and

development of the tourism industry in the Locality and in Western Australia

and contribute to the development of the State’s hospitality industry.

175. Grant of the Application would encourage responsible attitudes and practices towards

the promotion, sale, supply, service and consumption of liquor that are consistent

with the interests of the community under s.5(2)(f) of the Act for the reasons set out

below.

Section 38(4)(a) - Harm or Ill health

176. The following matters are relevant to the assessment of potential harm and ill health

at a specific level:

a. The Applicant is experienced and responsible long-term participant in the

hospitality industry with a strong track record;

b. The Premises will be fitted out to a high standard;

c. The Venue will be likely to attract patrons in a low risk category;

d. There will be a significant focus on dining and food will be available during all

trading hours until 60 minutes prior to closing;

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e. A relaxed ambiance will be maintained at all times with substantial seating

provided throughout the Venue and the volume of amplified maintained at a

conversational volume;

f. The Applicant is committed to the responsible service of alcohol; and

g. The venue will operate subject to a comprehensive range of restrictive trading

conditions.

h. The Venue will not cater for nor be likely to attract any significant proportion

of patrons that fall within a high-risk category in terms of alcohol related harm

and ill-health.

177. In the present case, the evidence supports a conclusion that, assessed against the

existing level of harm, no significant level of additional harm will be likely to be caused

by the grant of the Application.

Section 38(4)(b) - Impact on amenity

178. Grant of the Application will positively contribute to the amenity of the Locality by:

a. contributing to the activation of the streetscape

b. adding to the vibrancy attractiveness and convenience of the Locality.

c. meeting the stated goals of the local government authority in the Locality;

d. supporting the further development of the Locality as a key hospitality and

leisure precinct for the local population;

e. helping to improve the identity of the Locality and supporting the continued

development of hospitality and tourism services in the Locality;

f. providing additional leisure services for residents, workers and visitors who

wish to enjoy liquor and dining services to be offered at the Premises;

g. providing quality hospitality services to tourists and increasing the

attractiveness of the Locality as a tourist destination; and

h. providing employment opportunities in the area;

Section 38(4)(c) - Offence, annoyance, disturbance and inconvenience

179. Grant of the Application is unlikely to cause offence, annoyance, disturbance and

inconvenience to persons in the Locality due to the:

a. low intensity manner of operation proposed;

b. safe and comfortable ambiance during all trading hours;

35

c. conversational volume of amplified to be maintained during reglar

operations;

d. strong focus on dining services;

e. substantial seating provided for patrons;

f. commitment to a comprehensive range of restrictive trading conditions and

management controls.

g. commitment to the responsible service of alcohol at all times;

h. noise management policies and procedures maintained at all times to

minimise the risk of undue disturbance in the community; and

i. fact that patrons are likely to fall within a ‘low risk’ categories.

Sections 33 and 38: Public interest

180. Grant of the Application would be in the public interest because it would:

a. cater for the reasonable requirements of a significant section of the public

residing and/or working in or near the Locality;

b. contribute positively to tourism by providing an attractive licensed

hospitality facility for persons visiting the Locality and thereby assist in the

development of the Western Australian tourism industry;

c. not have the characteristics and attractions that are commonly associated

with antisocial or criminal behaviour and would be unlikely to cause harm

or ill-health to any persons or group of persons;

d. be unlikely to cause noise, disturbance, offence or inconvenience to any

persons; and

e. contribute positively to the amenity of the Locality;

f. contribute positively to the local economy of the Locality by triggering a

significant capital investment in the Premises and the creation of local

employment opportunities;

g. lead to the restoration and ongoing maintenance of historic buildings with

significant architectural, social and historic significance to Western

Australia.

181. In the present case, the evidence submitted by the Applicant establishes significant

positive impacts from the grant of the application:

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182. In broad terms the creation of the Venue will be associated with the following positive

outcomes:

a. Facilitating the restoration, maintenance and ongoing public use of these

historic premises;

b. Creating a multi-faceted leisure and hospitality venue offering a wide range

of liquor and related services and catering to a broad range of patrons,

including both locals and tourists;

c. Assisting in the activation and re-invigoration of the Locality by creating a

venue with a strong connection to the local community welcoming a broad

cross-section of local residents including family groups;

d. Providing additional choice of hospitality and leisure facilities available to

persons living and working in and near the Locality by the creation of a

convivial space for ‘locals’ to socialise and enjoy quality dining, function and

beverage services;

e. Improving tourism in the Locality by providing a significant addition to the

range of facilities that cater to and attract intrastate, interstate and

international tourists; create a unique tourist attraction and destination,

providing services that attract and satisfy the leisure and hospitality

requirements of intrastate, interstate and international tourists;

f. Providing employment opportunities in the Locality;

183. The evidence submitted by the Applicant establishes numerous positive impacts of

grant of the Application and that such grant would be in the public interest.

184. In the present case, grant of the Application would not be likely to cause any

significant negative outcomes. In any event, the positive aspects of the Application

outweigh the risk of alcohol related harm which could potentially be caused by grant

of the Application

185. For these reasons grant of the Application would be consistent with Act and in the

public interest under sections 33 and 38(2) of the Act.

37

CONCLUSION

186. It is submitted that in all the circumstances the Application should be granted.

_____________________________

Tim Monaghan

Monaghan Lawyers

Solicitors for the Applicant