BENPRIDE PTY LTD ATFT McLEARY FAMILY TRUST applicant for the conditional grant of a tavern licence KAKKA ALLEY BREWING CO 12 Gypsum Street, Jurien Bay PUBLIC INTEREST ASSESSMENT (including section 36B submissions) Prepared by Lavan on behalf of the applicant Ref: Jessica Patterson [email protected] T: (08) 9288 6946 www.lavan.com.au © Lavan 2020 Public Interest Assessment (PIA) Kakka Alley Brewing Co Table of Contents 1 Introduction and background 2 Brief overview of proposal 2 Applicant’s details and background 5 2 Locality 8 3 Manner of trade 19 The premises (physical aspects) 22 Beer and cider production 27 Other drinks – alcoholic and non-alcoholic 29 Food service 30 Other services 30 Proposed special conditions 31 Not a traditional tavern 32 Timetable for development 33 4 Harm or ill-health – section 38(4)(a) 34 At risk groups and sub-communities 34 Social health indicators 42 Strategies to be implemented to minimise harm or ill-health 44 5 Impact on amenity – section 38(4)(b) 45 Nature and character of the local community 45 How the proposed premises will fit into the amenity 47 Outlet density 48 Consultation 53 6 Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 55 7 Tourism, community or cultural matters – section 38(4)(ca) 57 8 Other matters 60 Security and safety 60 Harm minimisation 60 Patronage 61 9 Section 36B 61 10 Sections 5, 33 and 38 62 11 Additional requirements and procedures 63 12 Conclusion 63 3463-3191-1441_1165647, v.1 © Lavan 2020 Public Interest Assessment (PIA) Kakka Alley Brewing Co 1 Introduction and background 1.1 This Public Interest Assessment (PIA) supports the application by Benpride Pty Ltd (ACN 064 792 061) as trustee for the McLeary Family Trust for the conditional grant of a tavern licence in respect of premises situated at 12 Gypsum Street, Jurien Bay to be known as Kakka Alley Brewing Co. 1.2 The applicant seeks the grant of a tavern licence. Of the specified classes of licence available under the Liquor Control Act 1988 (WA) (Act), only the tavern class of licence will authorise and enable the applicant to fulfil its proposal and operate in the manner intended, as a microbrewery. The applicant certainly does not intend to operate as a traditional pub type stand-up drinking facility. 1.3 This PIA addresses all relevant aspects of the public interest in accordance with both the Act and the licensing authority’s Public Interest Assessment policy1 (PIA Policy). 1.4 This PIA also addresses key matters relating to section 36B of the Act and the licensing authority’s Outlet Density – Packaged Liquor Premises policy2. 1.5 This PIA is part of the Applicant’s Case and should be read in conjunction with the other parts and supporting documents, all of which are itemised in the document titled Index of Material Before the Director and Applicant’s Case (Index). The Applicant’s Case comprises all of that material together with any further submissions and evidence lodged by the applicant at the licensing authority and correspondence with the licensing authority. 1.6 Where this document makes reference to particular material to support certain information and propositions, that material is cited by way of its document listing in the tables contained within the Index (for example (DOC 1))3. Brief overview of proposal 1.7 The applicant intends to establish a multi-faceted, provincial microbrewery venue where liquor is produced and is to be available for consumption both on and off the premises. Food will also be available. The take-away service will only extend to beer and cider produced by or under the direction of the applicant, as licensee, but will still be a key feature of the business. 1 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy, last amended 16 April 2020 2 https://www.dlgsc.wa.gov.au/department/publications/publication/packaged-liquor-sales-policy, last amended 16 April 2020 3 Supporting material referred to in this document not produced by or for the applicant has been obtained from public sources under licence. Where relevant, personal information within the supporting material has been limited or redacted for privacy reasons. Full copies of some of the source material accompany this PIA and are listed in the Index. Other material not so listed in the Index can be made available in full if required and has only been left out of the Index to lessen the burden of paper on the licensing authority. 3463-3191-1441_1165647, v.1 © Lavan 2020 2 Public Interest Assessment (PIA) Kakka Alley Brewing Co 1.8 The overwhelming predominant purpose of the business will be the production, sale and supply of beer and cider produced by, or under the direction of, the applicant. Other facets of the operation, whilst important, will be subsidiary and ancillary. 1.9 Kakka Alley Brewing Co will offer a family-friendly, laid-back coastal atmosphere both physically and operationally, that is synonymous with Jurien Bay. The décor will comprise fishing and maritime paraphernalia including locally historic pictures and artefacts. Locally made artwork including pictures and sculptures will be displayed. Much of the furniture will be locally sourced, handmade timber products with a rustic style. 1.10 The fit-out, furnishings and style of operation will be totally congruent. The creative and natural process of craft beer and cider making will be aligned with bespoke artwork and furniture using local earthy-type, eclectic materials inspired by the coastal environment and designed to complement the industrial setting. 1.11 All features of the operation have been conceived from the core purpose being that of microbrewery, involving the production of bespoke craft beer and cider. This proposition is explained further as follows: 1.11.1 The interior design will incorporate some of the materials used in the construction of breweries and in the process of producing beer and cider, including steel, aluminium, other materials, tools and other manufacturing objects and timber. 1.11.2 Like genuine craft beer and cider per se, the ornamentation will be original, bold, creative and will give the premises tremendous character. 1.11.3 In keeping with the traditional notions of beer being a casual, humble and unglamorous form of liquor, Kakka Alley Brewing Co will offer a like style and standard of fitout, ambience and food options, designed to appeal to a very wide audience, including family groups, through being relaxed and informal. 1.11.4 The combination of characteristics associated with the proposed business will mean that once approved and operational, Kakka Alley Brewing Co will instantly have its own clearly discernible identity, much like each craft beer brand has in the market place today. Kakka Alley Brewing Co is set to become recognised as a local brand. 1.12 Additional particulars regarding the proposed food and beverage services, other services and facilities and the overall manner of trade are set out further on in this PIA. 1.13 Notwithstanding the non-fancy themes associated with Kakka Alley Brewing Co in terms of how it will look and feel to patrons, the business has been developed in detail and the premises designed with astute effort and great intentions of establishing a sophisticated operation. Some of the applicant’s impressive efforts to date in developing the proposal are evident in the artwork, furniture and furnishings which are already being manufactured in readiness. 3463-3191-1441_1165647, v.1 © Lavan 2020 3 Public Interest Assessment (PIA) Kakka Alley Brewing Co 1.14 The following images show some of the artwork which the applicant and people engaged by the applicant, are in the process of making for display and sale throughout the premises. The images depict very creative and authentic items that have been designed specifically for the operation proposed and painstakingly handmade. 3463-3191-1441_1165647, v.1 © Lavan 2020 4 Public Interest Assessment (PIA) Kakka Alley Brewing Co 1.15 Some of the artwork will be available for sale, as will other artwork produced by local artists that will also be on display at Kakka Alley Brewing Co. 1.16 The following images are of some of the furniture that the applicant and people engaged by the applicant, are in the process of making for the premises: 1.17 The premises will accommodate up to around 250 people with the applicant having obtained planning approval for up to 225 patrons at any one time4. There will be ample seating available such that all patrons could sit at the same time if they so wished. However, there will not be any obligation for patrons to be seated. 1.18 The applicant has consulted with and surveyed a sizeable, representative sample of the community which has resulted in evidence of overwhelming support and encouragement for the application. The evidence, in the form of surveys and questionnaires competed by 162 people and also letters, is referred to in more detail throughout this PIA and is listed in the Index with copies included in the Applicant’s Case (DOCS 20 - 24). This material is compelling evidence in support of Kakka Allay Brewing Co being established and the grant of the tavern licence. Applicant’s details and background 1.19 Benpride Pty Ltd is a small, private, family owned Western Australian company. The directors and shareholders are a local husband and wife team, Stephen (Steve) McLeary and Jane Godbold. 1.20 Mr McLeary and Ms Godbold have lived, worked and raised a family in Jurien Bay over many years. They have operated a rock lobster fishing business in the town and they are active members of the local community, which includes Mr McLeary having been president of the Jurien Bulldogs Football Club until very recently and still sitting on the club’s management committee.

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