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

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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.

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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.

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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.

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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.

4 Shire of Dandaragan Determination on Application for Development Approval dated 25 September 2020

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1.21 They intend to operate and manage Kakka Allay Brewing Co themselves and play very hands-on roles. They will be assisted by expert advisors and staff. They intend to employ several local people. Mr McLeary and Ms Godbold have spent an enormous amount of time, effort and resources in researching, planning and developing the new business and preparing this application. They are very passionate about establishing the business.

1.22 The applicant company owns the land the subject of the application and therefore, is in the ideal position in terms of being able to control how the premises is constructed, developed and operated.

1.23 Mr McLeary and Ms Godbold have been motivated to establish Kakka Alley Brewing Co based on the following:

1.23.1 A growing interest in true craft, small-batch beer.

1.23.2 A strong desire to create a unique business which draws on characteristics of the local area and is especially parochial.

1.23.3 The combination of their expertise in production through commercial fishing, their love of the town and owning an ideal commercial/ industrial property have led them to identify that they have the perfect set of circumstances to establish Kakka Alley Brewing Co. They are most enthusiastic about providing something very different for residents of Jurien Bay and visitors to the area.

1.23.4 Having identified that there are so few production and hospitality businesses in Jurien Bay. The range of liquor and locally produced consumables available in the town is very limited, as detailed further on in this PIA. Only one new licensed hospitality business has opened in Jurien Bay in the last 20 years or so (being a small bar) and yet the population and visitor numbers have increased considerably, as addressed further on.

1.24 Craft beer is defined as follows:

1.24.1 “Beer made using traditional methods in small, independent breweries”5.

1.24.2 “Beer that is produced by a microbrewery or craft brewery (a brewery that produces small amounts of beer using traditional methods)”6.

1.24.3 “An all-malt or nearly all-malt specialty beer usually brewed in a small, regional brewery”7.

1.24.4 “A specialty beer produced in limited quantities”8.

5 https://dictionary.cambridge.org/dictionary/english/craft-beer

6 https://www.macmillandictionary.com/dictionary/british/craft-beer

7 https://www.dictionary.com/browse/craft-beer#

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1.25 The liquor proposed to be produced in respect of this application will fit squarely within these definitions.

1.26 “Craft beer is the only segment of the Australian beer market which is in continuous growth…[there is] strong preference expressed by craft beer drinkers to purchase from Australian independent breweries as opposed to those owned by a large multi- national”9.

1.27 IBISWorld reported as follows in November 2019 in regard to trends in the craft beer production industry in Australia between 2014 and 2019 10:

The Craft Beer Production industry has flourished over the past five years. Changing consumer tastes, particularly the shift towards premium beers, and a growing emphasis on quality across liquor retailing have benefited industry brewers. Strong demand has allowed the industry to expand over the past five years, with craft beer producers now operating in every state and territory. Industry revenue is expected to increase at an annualised 8.4% over the five years through 2019-20, to $604.8 million. This trend includes expected growth of 5.0% in the current year.

1.28 The IBISWorld outlook for the craft beer production industry in Australia for 2019- 2024 is summarised as follows11:

The Craft Beer Production industry is projected to continue growing strongly over the next five years, supported by rising consumer demand for innovative new varieties and flavours of beers. Enterprise numbers are forecast to increase over the next five years, as new entrants attempt to capitalise on strong consumer demand for craft beers. Low barriers to entry and the increasing popularity of artisanal beers bode well for potential entrants, especially smaller breweries with a local or regional focus. These factors are expected to encourage strong growth in enterprise and employment numbers over the next five years.

1.29 Deloitte Australia, which is an internationally renowned firm with over 175 years of experience in audit and assurance, consulting, financial advisory, risk advisory, tax and technology services12, has reported that “[w]ith beer consumption in Australia at a 65-year low, the Australian craft beer movement is experiencing a surge in popularity and exponential growth”13.

1.30 A comprehensive study of craft beer in Australia has been conducted each year since 2016. “The 2019 Australian Craft Beer Survey by Beer Cartel is the largest study of Australian craft beer drinking trends… it received widespread support across the industry. In total over 23,000 Australian craft beer drinkers took part, an increase of

8 https://www.merriam-webster.com/dictionary/craft%20beer

9 https://www.beercartel.com.au/blog/2019-australian-craft-beer-survey-results/

10 https://www.ibisworld.com/au/industry/craft-beer-production/5071/

11 https://www.ibisworld.com/au/industry/craft-beer-production/5071/

12 https://www2.deloitte.com/au/en/pages/about-deloitte/articles/about-deloitte-australia.html

13 https://www2.deloitte.com/au/en/pages/consumer-business/articles/craft-beer-bucking-the-trend-in-australia.html

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5,000 from 18,000 in 2018…Craft beer is the only segment of the Australian beer market which is in continuous growth, with overall consumption of beer and alcohol in decline”14.

1.31 Kakka Alley Brewing Co will directly respond to the significant and growing public interest in craft beer and independent micro-breweries. Approval of the tavern licence will provide the region with its first and only micro-brewery. At present, the nearest one is 185km away.

1.32 There are more than 50 independently owned and operated micro breweries operating in Western Australia. A number that is steadily growing. These facts are well within the specialist knowledge of the licensing authority.

2 Locality

2.1 The applicant’s site is approximately 200km north of the Perth CBD (as the crow flies) which is approximately 2.5 hours driving time. It is in the formally designated Wheatbelt region of the State which runs eastwards, inland from Jurien. The coastal area around where Jurien is situated is known as both the Coral Coast and the Turquoise Coast. The town comprises a mix of coastal and agricultural features.

2.2 Jurien Bay is located within the Shire of Dandaragan.

2.3 The PIA Policy provides that “[a]s part of a PIA submission, applicants must provide details regarding the community in the vicinity of the licensed premises (or proposed licensed premises) and any amenity issues in the locality”. The “locality will be the area most likely to be affected by the granting of an application in relation to amenity issues”15.

2.4 According to the PIA Policy “[i]n regard to country cities, towns or communities, unless remotely located or the licensing authority determines otherwise, the locality is to be a radius of 3 km from the site of the intended business”. Jurien Bay is not “remotely located” according to the definition in the PIA Policy.

2.5 Therefore, the relevant locality in this case is a 3km radius surrounding 12 Gypsum Street, Jurien Bay which is depicted in the Google Map image below (Locality). The Locality is entirely within the township of Jurien Bay.

14 https://www.beercartel.com.au/blog/2019-australian-craft-beer-survey-results/

15 PIA Policy

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2.6 For the purposes of assessing the Locality as required by the PIA Policy, information pertaining to the town of Jurien Bay has been identified and considered.

2.7 According to the 2016 Census, Jurien Bay had, at that time, a population of 1,761 people16. The number has been steadily increasing. Five years prior at the 2011 Census there were 1,507 people recorded and at the 2006 Census, 1,343 people17. Therefore, over the last 10 recorded years there has been an increase in population of 31% which is a significant number.

2.8 This increasing resident population is supplemented and bolstered by the large number of annual visitors to the area, as addressed further on in this document. It is clear that the number of people in the area at any one time is sizeable and increasing.

2.9 Indian Ocean Drive is the main roadway to and from the Locality and north-south through the Locality. It is critical infrastructure in the Locality and has been described as follows by the Western Australian Planning Commission18:

The road is one of Western Australia’s principal tourist routes linking the Perth metropolitan area with the Pinnacles, the Jurien Bay Marine Park and the coastal

16 https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC50700?opendocument

17 https://www.abs.gov.au/census

18 Indian Ocean Drive Planning Guideline, August 2013 (draft for public comment) at page 1: https://www.dandaragan.wa.gov.au/documents/73/draft-indian-ocean-drive-planning-guideline (copy available if required)

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settlements and attractions of Lancelin, Cervantes, Jurien Bay, Green Head, Leeman and Dongara. IOD offers an alternative to the Brand Highway for tourists travelling to the north of the State and for people commuting between Perth, Geraldton and the coastal towns. The crayfish and agricultural sectors also use the road to transport their products.

Indian Ocean Drive is approximately 270 kilometres in length. It extends from the intersection of Yanchep Beach Road, 55 kilometres north of Perth, to the intersection with the Brand Highway, 24 kilometres south of Dongara (Figure 1). Indian Ocean Drive was designed for the primary purpose of creating a regional scenic coastal tourist route with the alignment of the road to follow the natural lines of the coast and in close proximity to the coastal towns of Guilderton, Seabird, Ledge Point, Lancelin, Cervantes and Green Head.

2.10 Indian Ocean Drive takes traffic directly into and through Jurien Bay and past the turn-off to the applicant’s site. It is the road highlighted in yellow in the Locality map set out on the previous page (and DOC 5), which is also known as Bashford Street in the section located in the town centre. Indian Ocean Drive (and Bashford Street) is an extremely busy artery which most recently recorded an average of 1,336 vehicles per day at the recording points just south and north of the applicant’s site19.

2.11 Jurien Bay as the regional centre for the Shire of Dandaragan. The Shire’s main office is located in Jurien Bay, in the main street of the town centre as shown below:

2.12 The Shire has published the following about some of the key features of the town20:

Jurien Bay is the largest town in the Shire of Dandaragan, it provides many of the services that people across the region require. It has the main shopping precinct with a selection of outlets providing food, clothing and special items.

The main medical facility for the Shire is located in the town and accommodates physiotherapy, dietician, dentist and many of the ancillary health professionals that a community needs. Telehealth is a major feature of the Medical Centre with the capacity to link to emergency health professionals in Perth via video.

19 Wheatbelt Traffic Digest 2014/15-2019/20, by Main Roads Western Australia (DOC 19), at pages 5 and 13 – average number calculated as the mean of 1,350 (recorded in 2018/19 north of Hill River View) + 1,140 (recorded in 2018/19 north of Jurien Road) + 1,520 (recorded in 208/19 north of Middleton Boulevard)

20 https://www.dandaragan.wa.gov.au/services/economic-development/jurien-bay-regional-centre.aspx

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The Jurien Bay Wellness Centre has two doctors operating five and a half days per week and has a blood sampling facilities on site.

Jurien Bay District High School is located in the centre of town and caters for high school students from across the region.

The Community Resource Centre provides State and Federal Government Services to the coastal communities and publishes the local newspaper the Craytales on a fortnightly basis.

2.13 Jurien Bay is located at the north-western tip of the Western Australian Wheatbelt region21 and as mentioned previously, is situated within the Coral Coast tourist area22.

2.14 Jurien Bay is a relatively modest town with spectacular natural coastal features including a modern marina, several islands just offshore, clear ocean water, pristine beaches and excellent fishing. The town is also home to a wide range of native flora and fauna, including native bush with wildflowers, kangaroos, emus, dolphins, seals and whales which are regularly seen. Some of these aspects are depicted below:

21 http://www.drd.wa.gov.au/regions/Pages/Wheatbelt.aspx

22 https://www.australiascoralcoast.com/ and https://www.westernaustralia.com/en/places_to_see/coral_coast/pages/coral_coast.aspx#/

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2.15 Jurien Bay and the surrounding area is home to Lesueur National Park and Drovers Cave National Park.

2.16 Just offshore, Jurien Marine Park “is unique world-wide for the extensive limestone reef system that runs parallel to this section of the Western Australian coastline. The park extends from Wedge to Greenhead and 5.5 km offshore. The marine waters encompass numerous island nature reserves and important seagrass meadows critical for the survival of many marine and terrestrial plants and animals”23.

2.17 Jurien Marine Park includes rare Australian Sea Lions which can be easily seen just offshore where there are islands that have the privilege and the benefit of being home to breeding colonies. Sea lion charters operate throughout the year from Jurien24.

2.18 The Jurien Bay marina is a major piece of infrastructure. It comprises 69 boat pens, four service jetties, a four-lane modern boat ramp, large carpark, fuel, public beach, fishing processing facilities, marine rescue operations, boat lifting, fish cleaning facilities and toilets. It is managed by the Department of Transport.

2.19 Other infrastructure includes community centre, football oval, sport and recreation centre, golf course, bowling greens, two shopping precincts, police station, caravan park, medical centre, fire station, cemetery, three fuel service stations, senior lifestyle village, school.

2.20 The following images depict some features in the town centre, which are approximately 1-2km away from the applicant’s site:

23 https://parks.dpaw.wa.gov.au/sites/default/files/downloads/parks/Jurien%20Bay%20Marine%20Park%20Visitor% 20guide.pdf

24 http://www.sealioncharters.com.au/

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2.21 The town has been described as follows25:

Jurien Bay has earned a place in the hearts of Perth holidaymakers, as well as fishing, diving and snorkelling enthusiasts. Under sunny skies for the majority of the year, this relaxed fishing town is blessed with long sandy beaches, colourful offshore reefs, amazing marine life and a thriving cray fishing industry.

If you hit the Indian Ocean Drive north of Perth, you can cruise along this scenic drive to Jurien Bay in just 2.5 hours, passing pristine beaches, towering dunes and spring wildflowers.

Sheltered by a string of islands and limestone reefs, the snorkelling and diving here is first rate, with underwater caves and coral gardens covered in colourful sponges waiting to be explored. Protected by the Jurien Bay Marine Park, these habitats are also a haven for the rare Australian sea lion.

Join a fishing charter for close encounters with visiting sea lions, dolphins and, during the migration season from June to December, graceful humpback whales.

If you're in Jurien Bay around August/September time, prepare to be dazzled by another wonder of nature when native flora transforms the Jurien Bay area into a carpet of colour, making it one of the top wildflower hotspots in the world. More than 900 stunning varieties can be found in Lesueur National Park, just a half hour drive east of Jurien Bay.

To the south, Mother Nature has also created one of the most unique lunar-like landscapes on the planet - the Pinnacles of Nambung National Park. Formed over millions of years, thousands of tall limestone spires rise eerily out of the yellow desert sands - an incredible sight to behold at sunrise or sunset.

In the opposite direction, heading north of Jurien Bay, Sandy Cape Recreational Park is the ideal spot to set up camp on the beachfront and indulge in some of Western Australia's best swimming, coastal walks and beach fishing.

Alternatively, if you seek more creature comforts or the convenience of Jurien Bay's facilities, there is a great selection of accommodation in town to suit all tastes and budgets.

2.22 The Shire of Dandaragan’s vision is for “a dynamic, diverse and desirable region delivering sustainable growth and socially connected communities”26. The proposal for Kakka Alley Brewing Co is entirely consistent with this and if approved, will help the Shire to achieve these goals.

2.23 The approval of Kakka Alley Brewing Co will also perfectly align with and support the following published Shire “aspirations” and “priority outcomes”27:

2.23.1 “The Shire will experience broad economic and population growth with decreasing economic barriers, diversified agriculture and fisheries output and vibrant visitor economy”

25 https://www.westernaustralia.com/en/Destination/Jurien_Bay/56b266bd2880253d74c4ee21#/

26 Shire of Dandaragan Strategic Community Plan 2019-2029 - Envision 2029 (DOC 12)

27 Shire of Dandaragan Strategic Community Plan 2019-2029 - Envision 2029 (DOC 12) at pages 15 and 17

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2.23.2 “Our Shire has a contemporary land use planning system that responds to, and creates, economic opportunities… Identify and activate under utilised economic and land assets to promote employment and economic activity”

2.23.3 “The Shire is home to a successful and growing market for domestic and international tourism… Facilitate and support events that promote the region and deliver a positive economic impact…Support the development of new products and services that increase the attraction of the region to the tourism market.”

2.23.4 “Jurien Bay continues to grow as a regional centre that services and delivers benefits throughout the Shire… Leverage public and private sector partnerships to deliver new infrastructure required to achieve sustainable economic and population growth.”

2.24 The Shire is currently preparing the following which is further indication of general development and advancement occurring in the Shire and more particularly, Jurien Bay28:

2.24.1 Jurien Bay and Cervantes Foreshore Masterplans

2.24.2 Economic Development Strategy

2.24.3 Tourism Development Strategy

2.24.4 Jurien Bay Airport Masterplan (already published)29

2.25 In regard to the airport, it is a clear indication of growth and development of the town that it is poised for expansion and improvement including a second runway30:

The Shire of Dandaragan’s vision for the Jurien Bay Airport (the Airport) is of a readily utilised land asset for the sub-regional centre of Jurien Bay and its broader population. The Shire believes that growth of the Airport should follow a clear, strategic and sustainable direction for efficient economic and social development.

…

Primarily there is pressure on the development of the Airport, to attract industry, commercial enterprise and special interest groups. Gaining an understanding of its potential ensures that the Shire has a facility which generates income and maintains liveability for the community.31

…

28 Shire of Dandaragan Annual Report 2018/19 (DOC 13) at page 8

29 DOC 14

30 2020 Jurien Bay Airport Masterplan (DOC 14)

31 2020 Jurien Bay Airport Masterplan (DOC 14) at page 1

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Recommendation: A second runway running east-west is established as a matter of priority.32

…

Recommendation: An Arrival Centre is constructed at the Airport.33

2.26 Development decisions have been increasing within the Shire since 2016/1734.

2.27 The applicant’s site is within one of two light industrial areas in Jurien Bay and is depicted in its current state in the aerial image below:

2.28 The site is surrounded by large commercial and light industrial properties. The following Google Maps aerial image shows the neighbouring sites and surrounding bushland:

32 2020 Jurien Bay Airport Masterplan (DOC 14) at page 5

33 2020 Jurien Bay Airport Masterplan (DOC 14) at page 5

34 Shire of Dandaragan Annual Report 2018/19 (DOC 13) at page 12

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Applicant’s site

2.29 There is only vacant scrub to the rear and other sheds and commercial operations either side of the premises. There is no home, school, medical facility, church, day care centre or other place within the vicinity that may be regarded as sensitive or which may attract people classified as being “at risk” in the liquor jurisdiction35. Kakka Alley Brewing Co will not even be visible from any such place.

2.30 The Locality comprises a range of land-uses including industrial, retail, other commercial, residential, civic and nature reserve. Buildings are mostly one-level.

2.31 The land formation is relatively flat, particularly around the town centre and coastal strip. There is some increase in height in the eastern side of the Locality where the land is either bush or privately fenced rural lots ranging from around two to 12 acres each.

2.32 The residential areas in and around the town centre are to the west and south-west of the applicant’s site. They represent only a small portion of the Locality, covering an estimated 12% of the whole area. They include both old and new subdivisions with an eclectic mix of original beach shacks and new modern two-storey homes.

2.33 Most of the Locality area comprises vacant scrub and bushland.

2.34 These characteristics of the applicant’s site are generally deemed low risk in the licensing jurisdiction. The impact that Kakka Alley Brewing Co could potentially have on people regarded as “at risk” in the PIA Policy is clearly minimal and the very small risks that may exist will be well-managed and mitigated as referred to further on in this document. These propositions are supported by further submissions and evidence set out in subsequent sections of this PIA.

35 As referred to in the PIA Policy

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2.35 Additional particulars regarding the site and the Locality are provided further on in this document.

3 Manner of trade

3.1 Kakka Alley Brewing Co will be a very family-friendly, relaxed licensed venue designed in every way to complement and promote the Locality through beer and cider production, the unique physical premises and other hospitality products and services featuring local elements that will pay homage to Jurien Bay’s rich fishing history and attractions.

3.2 The word “Kakka” in the proposed trading name is a colloquial reference to Western Rock Lobsters (also known as cray fish), particularly those under the legal catch size. Clearly the trading name ties with local industry and attractions as well as the history of the town. There is a street in Jurien Bay not far from the applicant’s site which was once unofficially known as Kakka Alley by local people because cray fishermen used to drive along that street to and from their boats.

3.3 The following are some historic images of aspects of Jurien Bay and the local cray fishing industry which will be displayed at Kakka Alley Brewing Co along with others:

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3.4 Cray fishing is still a major local industry for Jurien Bay. In recent years Jurien has also become a popular tourist destination and so tourism is very much a growing industry in the town. It is a very easy day-trip or weekend destination being located

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only approximately 2.5 hours from Perth and around 2 hours from the northern end of the Mitchel Freeway.

3.5 Kakka Alley Brewing Co will complement and support both of these local industries perfectly by means of the following:

3.5.1 Manufacturing a new locally produced consumable (being beer and cider).

3.5.2 Providing premises where local crayfish and other local seafood will be promoted and available to eat.

3.5.3 Establishing a venue where people can experience these products, observe local artwork and décor fashioned on the local industry and enjoy highly hospitable premises designed to attract and support tourism.

3.6 The Kakka Alley Brewing Co logo is a carefully designed drawing of a cray fish, which has been created with the assistance of a local artist who has drawn a stencil that is being embossed on furniture and other materials for the premises, as depicted to the right. It has been fashioned in a rust colour to match with the rustic, raw and natural colour scheme for the premises.

3.7 The applicant seeks approval for a tavern class of licence pursuant to section 41(1)(a) of the Act which, if granted, will authorise the sale of liquor (whether produced by the licensee or not) for consumption both on and off the premises, without any obligations for liquor to be consumed ancillary to a meal or for patrons to have to be seated whilst drinking. Packaged liquor to be sold for take-away purposes will be limited to beer and cider produced by or under the direction of the applicant as licensee. Despite the small nature of the take-away service, it will be an important feature of the business. Beer and cider sold for consumption on the premises will be restricted to products produced in Western Australia and therefore, mass-produced mainstream beer products manufactured by large national and international conglomerates will not be sold or supplied at Kakka Alley Brewing Co. Those excluded products include, for example, Corona, Emu Export and Carlton Draught.

3.8 The applicant has considered other classes of licence but only a tavern class of licence will enable it to operate in the manner proposed and as outlined in this PIA. Whilst the applicant proposes to focus on the production of its own beer and cider and only wishes to sell its own beer and cider for take-away purposes, in order to ensure that the premises can cater to as wide an audience as possible, in the manner proposed and to accommodate the short period early on in the operation before the licensee’s own beer and cider is ready for sale or supply, a full tavern licence is required to authorise the sale and supply of a wide range of liquor for consumption on the premises. A producer’s class of licence would restrict both the type and volume of liquor that could potentially be sold and how such liquor is sold, supplied and

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consumed. The manner of trade proposed for Kakka Alley Brewing Co outlined throughout this PIA would not be achievable without a tavern class of licence.

3.9 The applicant intends to cater to consumers of wine, champagne, spirits and other Western Australian beers and ciders not produced by itself, even although Kakka Alley Brewing Co beer is to be the main feature of the business.

3.10 There are many examples in Western Australia of micro-breweries with beer- production focuses that operate under a tavern class of licence as proposed by the applicant. The following are a few examples:

3.10.1 Nowhereman Brewing Co (licence no. 602209257216)

3.10.2 Bright Tank Brewing Co (602210421617)

3.10.3 Feral Brewing Company (6020089680)

3.10.4 The Ironbark Brewery (6020108671)

3.10.5 Old Coast Rd Brewery (6020113515)

3.10.6 Matso’s Broome Brewery (6020121534)

3.10.7 Northbridge Brewing Co (6020128422)

3.10.8 Bush Shack Brewery (6020129610)

3.10.9 Cheeky Monkey Brewing Co Pty Ltd (^020141847)

3.10.10 Margaret River Brewhouse (6020147604)

3.10.11 Hill and Ale Brewing (6020148529)

3.10.12 Whitfords Brewing Company (602209564617)

3.10.13 Blasta Brewing Company (602210300217)

3.11 Clearly it is not unusual for the applicant in this case to seek the grant of a tavern class of licence. It is entirely appropriate and in fact essential that Kakka Alley Brewing Co be able to operate under a tavern class of licence as proposed.

The premises (physical aspects)

3.12 As stated previously, the premises will be located within a light industrial area, approximately 5 minutes drive from the Jurien Bay town centre. All other businesses close by are commercial and industrial in nature including Jurien Bay Panel and Paint, Coastal Trimming, Winchester Concrete and Jurien Signs.

3.13 The following are images of street in each direction from where the site is situated:

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3.14 The following aerial map36 shows the general layout of the immediate surrounding area and also indicates some of the existing businesses within an area of roughly a 200-400m radius. The applicant’s site has been identified by a red balloon.

3.15 The image above and a similar aerial photograph provided earlier on in this PIA indicate clearly the commercial and industrial nature of the surrounding area and the fact that the site is some distance from any residential area. It is located near the airstrip which can be seen in the bottom left-hand corner of the image above.

3.16 The production business to be conducted at Kakka Alley Brewing Co and the rustic style of premises will complement the other land uses and businesses surrounding the site and add fresh style and vibrancy to the area, together with choice and

36 https://www.google.com/maps/place/Jurien+Bay+WA+6516/@- 30.2966816,115.0662635,16z/data=!4m5!3m4!1s0x2bd190b6f1378ceb:0x400f6382479e450!8m2!3d- 30.2938314!4d115.1177654

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diversity in licensed services for the town. The indoor component of the premises will comprise the existing shed structure on site which is of a very similar style and colour to that of other sheds nearby. Kakka Alley Brewing Co will fit perfectly into the amenity.

3.17 The following is an extract of the applicant’s site plan. The whole site is proposed to be licensed, including the area labelled for parking in the image below where the parking bays will not be fixed or of a permanent configuration so that from time to time the area labelled for parking may be used for functions and events:

3.18 There is a large shed on the site, labelled “existing shed” on the image above and in DOC 4 which will be modified and finished with a purpose-built fitout. This existing structure is a high quality and modern steel shed which will be the basis of the indoor area.

3.19 The public area of the licensed premises is proposed to be a simple open-plan layout, with seamless connection between both indoor and outdoor areas.

3.20 The premises will comprise of the following main parts:

3.20.1 Beer and cider production facilities which will be visible to patrons.

3.20.2 Indoor bar.

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3.20.3 Indoor dining, drinking and tasting area.

3.20.4 Open air outdoor area with seating and open space where small moveable bars may operate from time to time for special events and functions.

3.20.5 Kitchen.

3.20.6 Coolroom.

3.20.7 Toilets.

3.21 As the current owner and occupier of the premises, the applicant has been able to invest a great deal of time and effort into developing designs and layout.

3.22 The following is an extract of the proposed floor plan for the indoor area:

3.23 The “brewing area” will comprise a significant portion of the shed and be the major feature of the site. The area will be open so as to be visible to patrons. Sometimes there will be brewing underway during public opening times to enable patrons to watch the process as part of the Kakka Alley Brewing Co experience. The following images are generally indicative of the brewing infrastructure that will be installed:

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3.24 There will be handmade timber planter boxes and lots of plants to provide colour, character and additional natural ambience throughout both in indoor and outdoor parts of the whole premises.

3.25 As stated previously, the fitout and décor will include locally made artwork – pictures, sculptures and decorations will be displayed.

3.26 There will be a considerable number of tables and chairs throughout the whole premises, with both high and low tables and chairs. In the cold months, heaters will operate to add warmth and comfortability. Umbrellas will be used as and when appropriate outside, for shade from the sun and shelter from rain.

3.27 Other aspects of the fitout have been referred to earlier on in this PIA.

3.28 There will be ample parking available for patrons both onsite and nearby. There is a lot of street parking. Most other businesses nearby generally do not operate late afternoons, during the evening or on weekends and so the surrounding streets will be quiet and empty during most of Kakka Alley Brewing Co trading hours.

3.29 In keeping with the applicant’s intention to cater for families, play equipment and entertainment for children will be available.

Beer and cider production

3.30 As stated previously, beer and cider produced by or under the direction of the applicant is the main component of the proposal.

3.31 The applicant intends to produce a variety of different types of beers and cider with a capacity of around 1,000 litres and 44 kegs per week. The beer and cider that are produced by, or under the direction of, the applicant will be available for consumption both on and off the premises. A take-away range of these products will be available.

3.32 The types of beer and cider to be produced will vary from time to time as new recipes and new ingredients become available, as the seasons change, in keeping with patron demands and as the applicant collaborates from time to time with other producers to develop innovative products.

3.33 At this stage, the applicant intends to produce the following varieties initially:

3.33.1 Lager

3.33.2 Pale ale

3.33.3 Indian pale ale

3.33.4 Sessional ales

3.33.5 Stout

3.33.6 Cider

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3.34 Various styles of these types will be produced as well as alternatives. The applicant proposes to experiment with different ingredients to develop unique lines. Over time, other varieties are intended to be produced including pilsner, porter, sours, wheat- based and Belgian-style.

3.35 Small volume tastings will be available to enable patrons to experience the full range. Tastings may be accompanied by education and product information whether personally or with written notes.

3.36 As stated previously, only the liquor produced by or under the direction of the applicant will be available in sealed, packaged form, to be taken-away from the premises. The applicant proposes that its take-away liquor service will be available to both the general public and also other licensees.

3.37 The applicant intends to join the Independent Brewers Association (IBA) and seal Kakka Alley Brewing Co products with the IBA seal of certification as appears to the right:

3.38 The important background to and role of the IBA seal is explained as follows:

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3.39 The Kakka Alley Brewing Co packaged beer and cider be ideal souvenirs for tourists to take home, as a truly local representation of the town and reminder of their Jurien experience. The packaged beer and cider will be labelled with Kakka Alley Brewing Co branding, which, as referred to earlier on in this PIA, will epitomise local features.

3.40 The applicant is currently in discussions with manufacturers and installers of brewing equipment and is keen to be operational as soon as practicable. It is intended at this stage that production will start on site within two years.

Other drinks – alcoholic and non-alcoholic

3.41 A range of drinks not produced by, or under the direction of, the applicant will also be available at Kakka Alley Brewing Co, for consumption on the premises only. Those items will include the following:

3.41.1 Beer and cider produced by other microbreweries and small batch producers in Western Australia.

3.41.2 Wine.

3.41.3 Champagne

3.41.4 Spirits.

3.41.5 Cold non-alcoholic drinks.

3.41.6 Tea and coffee.

3.42 The range of liquor not produced by or under the direction of the applicant will be modest. Whilst it is important that there be a choice of such liquor items, the focus of the business is on Kakka Alley Brewing Co products and so other items will be limited in number.

3.43 As stated early on in this PIA, in regard to the beer and cider that will be on offer in this context, the applicant will not provide items that are produced outside of Western Australia or which are mass-produced by large national or international companies. In other words, beer and cider commonly found at most licensed premises and which may be described as mainstream, will not be available at Kakka Alley Brewing Co This key feature of Kakka Alley Brewing Co is one of many that will distinguish it from the few other licensed premises in the Locality and in fact most premises which operate under a tavern licence in this State.

37 https://www.beercartel.com.au/blog/2019-australian-craft-beer-survey-results/

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3.44 The small selection of wine, champagne and spirits available at Kakka Alley Brewing Co will mainly be items produced in Western Australia.

3.45 The range of liquor items available for consumption on the premises which are not produced by, or under the direction of, the applicant will be relatively few in number because these items will be very much incidental to the overall business of Kakka Alley Brewing Co, but they will certainly be carefully selected. These drinks will be matched to the food.

Food service

3.46 The applicant will offer a relatively modest and unsophisticated, but cleverly designed menu of food produced on site and utilising mainly ingredients sourced locally. The menu is intended to offer pizzas, various seafood dishes and other informal items.

3.47 There will be a strong focus on utilising Western Australian produce wherever possible, most notably locally grown and caught seafood, with local crayfish as the speciality.

3.48 The usual food menu will be designed to be relatively simple, but done very well. There will be a choice of small, shared and snack items through to substantial meals.

3.49 Function package options will also be available.

3.50 The applicant’s commitment to locally produced food and liquor is clear from this PIA. The applicant is dedicated to its parochial philosophy designed to see the Jurien Bay and surrounding region promoted to the fullest. Both local people and residents will be able to enjoy a genuine provincial culinary experience.

3.51 The food menu items will be designed to complement the beer and cider produced by or under the direction of the applicant.

Other services 3.52 Service to patrons will be a combination of table service and bar service. Generally, patrons will need to order at the payment counter and in some circumstances drinks and food may be obtained by the patron then, at the point of purchase and in other circumstances staff will take the drinks and food to the patron.

3.53 Patrons will be able to tour the brewing facilities. Educational experiences will be offered and guest brewers will be invited to attend from time to time.

3.54 Tastings will be available to encourage patrons to fully experience and savour the locally produced beer and cider and to compare and contrast it with other drinks.

3.55 Physical and operational aspects to the business will be designed to welcome and cater for people of all ages, persuasions and origins. Local people, families and tourists are all to be accommodated and expected at Kakka Alley Brewing Co.

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3.56 Special events and themed occasions will be conducted by the applicant to enhance the experience at Kakka Alley Brewing Co. For example, a Balinese themed event with authentic Balinese food and decorations.

3.57 The applicant intends to cater for private function bookings including birthdays, sports wind-ups, fishing competition awards ceremonies and anniversaries.

3.58 The applicant intends to partner with other local businesses, particularly tourism operations including Skydive Jurien Bay and Sea Lion Charters Jurien Bay, for example, to create packages for tourists whereby they can experience the services and tours of those other businesses and incorporate a brewery tour plus food and drink at Kakka Alley Brewing Co.

3.59 From time to time and particularly in the summer months, low-key live music will be played at the premises.

3.60 As stated previously, some of the artwork on display at Kakka Alley Brewing Co will be available for the public to purchase.

3.61 Kakka Alley Brewing Co merchandise will also be on sale including clothing, stubby- holders and other items. These will make excellent souvenirs and gifts and will promote the profiles or both Kakka Alley Brewing Co and the Locality.

3.62 As stated previously, the packaged liquor available at Kakka Alley Brewing Co will also provide tourists with an excellent souvenir for themselves or gift experience, as a truly local product capable of commemorating their visit to Jurien Bay. The packaged beer and cider will be labelled with Kakka Alley Brewing Co branding signifying various features of the town.

3.63 The applicant proposes to work closely with the local taxi service to assist with patrons getting to and from the premises without driving themselves or walking, although many people will find the premises is within walking distance of the town centre.

Proposed special conditions 3.64 The applicant seeks approval for the grant of a tavern licence to be endorsed with conditions pursuant to sections 41(1)(a) and 98(1) of the Act.

3.65 The standard permitted trading hours applicable to a tavern class of licence under the Act are sought to be approved. However, actual usual opening times for the public are likely to be much less and generally from mid-afternoon to mid evening during weekdays and from late morning to around 10 or 11pm on weekends. Opening hours are likely to change at different times of the year and in keeping with customer demands. For example, during peak tourist periods around Christmas and Easter, the premises will open more than during quiet winter months.

3.66 The applicant has considered the imposition of special trading conditions on the licence, to reflect the applicant’s bona fides and commitment to its proposal. The applicant has carefully prepared the following proposed conditions with these intentions in mind and to enable the applicant, as licensee, to fulfil the proposed

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manner of trade, meet community expectations and manage risks. Should the licensing authority consider appropriate the applicant would be agreeable to the following being endorsed on the tavern licence:

3.66.1 Only liquor produced by, or under the direction of the licensee, is permitted to be sold or supplied for consumption off the premises as packaged liquor.

3.66.2 In respect of the sale and supply of beer and cider for consumption on the premises, the licensee may only sell and supply such products that are produced in Western Australia.

3.66.3 Food shall be available at all times, except in relation to private functions and events.

3.66.4 The licensee shall not promote or sell drinks which offer liquor by virtue of their emotive titles such as, but not limited to, laybacks, shooters, slammers, test tubes, blasters and Jager Bombs.

3.66.5 Drink options that include low alcohol as well as non-alcoholic drinks shall be available for purchase during all trading hours.

3.66.6 Patrons shall not be permitted to wear clothing or body markings which visibly bear patches or insignia of any known Outlaw Motorcycle Gang.

3.66.7 A closed circuit television system shall be installed at the premises.

Not a traditional tavern 3.67 The licensing authority should be able to readily conclude that, as stated earlier on in this PIA, Kakka Alley Brewing Co will definitely not be anything like a traditional pub- type tavern. The proposed manner of trade, the physical features of the premises and proposed special conditions all confirm this proposition to be the fact.

3.68 Many of the characteristics commonly found at traditional pub-type taverns will not exist at Kakka Alley Brewing Co. For example, the following will not be seen or available:

3.68.1 Cheap mainstream beer produced by large national and international organisations.

3.68.2 Promotions, special-deals and advertising involving cheap mainstream liquor products produced by large national and international organisations.

3.68.3 Large and comprehensive range of all types of liquor.

3.68.4 TAB facility.

3.68.5 Pool tables.

3.68.6 Weekly “skimpies”.

3.68.7 Bottleshop area.

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3.68.8 Large, vertical public bar area.

3.69 As addressed in more detail further on in this document, Kakka Alley Brewing Co will be distinctly different from the few existing licensed venues in Jurien Bay. The major difference will be the dominant purpose of Kakka Alley Brewing Co as a production facility.

Timetable for development 3.70 The applicant is very keen to proceed with the establishment of Kakka Alley Brewing Co outlined in this PIA, soon as possible. As owner of the land, the applicant enjoys full control over the project and is very much ready to proceed.

3.71 The applicant has consulted with various businesses for the supply of materials and systems for Kakka Alley Brewing Co including wastewater treatment systems, waste management, kitchen installation, brewing facilities and other components required for the business. Information and quotes have been obtained in readiness.

3.72 Given the time, effort and resources required for the brewery production infrastructure and brewing process, the applicant proposes to open the business in stages, assuming the licence is granted first and foremost. The first stage will be completed prior to the manufacturing component being finalised, such that all other proposed services will commence to operate initially, followed by the production facilities as soon as possible thereafter.

3.73 The following is an outline of the staged timetable currently proposed:

Stage 1 Within approximately 2-4 Complete the public dining and drinking months of the conditional areas, bar, kitchen and toilets. Commence grant of the licence: trading under the tavern licence with the sale and supply of liquor and food for consumption on the premises only, without beer or cider production by the applicant

Stage 2 Within approximately 6-12 Brewing infrastructure fully installed and months of the conditional production underway. grant of the licence:

Stage 3 Within approximately 12- All facets of the business fully operational 15 months of the and open to the public. conditional grant of the licence:

3.74 Notwithstanding the timetable outlined above, as soon as the tavern licence has been conditionally approved, the applicant intends to take steps required for the installation of brewing facilities and production of beer and cider.

3.75 The acquisition of the production facilities will be a considerable investment of several hundred thousand dollars and so the applicant requires approval of the application before it can commit to the enormous expense.

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3.76 Subject to the timing for the determination of the application and completion of works on site, the applicant hopes to have Kakka Alley Brewing Co fully operational with all components of the business underway by around early 2022.

4 Harm or ill-health – section 38(4)(a)

4.1 The applicant acknowledges that the proposed tavern licence has the potential to cause “harm or ill-health… to people, or any group of people, due to the use of liquor”38 and that one of the primary objects of the Act is to “minimise harm or ill- health caused to people, or any group of people, due to the use of liquor”39.

4.2 The applicant has had regard for “at risk groups and sub-communities” referred to in the PIA Policy, together with other matters related to the question of harm or ill-health, as set out in the following sub-paragraphs.

4.3 These matters are addressed in detail in this section of the PIA. Collectively, they reveal there are no stand-out risk factors associated with the Locality in this case such that the licensing authority should be able to comfortably conclude that there are no concerns surrounding the grant of the proposed tavern licence in terms of harm or ill-health.

4.4 No community health or wellbeing issues have been publicly identified by the Shire40.

4.5 Any potential negative impact of the tavern licence should be considered in light of the fact that the applicant proposes various risk minimising features referred to throughout this PIA, including special conditions.

At risk groups and sub-communities

4.6 The PIA Policy refers to “at risk groups and sub-communities” which may include the following:

4.6.1 Children and young people.

4.6.2 Aboriginal people and communities.

4.6.3 People from regional, rural and remote communities.

4.6.4 Families.

4.6.5 Migrant groups from non-English speaking countries.

4.6.6 People in low socio-economic areas.

38 Section 38(4)(a) of the Act

39 Section 5(10(b) of the Act

40 Shire of Dandaragan Annual Report 2018/19 (DOC 13) – see pages 14 and 15

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4.6.7 Mining communities or communities with a high number of itinerant workers.

4.6.8 Communities that experience high tourist numbers.

4.7 The table below contains some of the 2016 Census statistics41 that are relevant in identifying and assessing the at risk groups and sub-communities living in the Locality with reference to the PIA Policy. However, the statistics related to the whole of Jurien Bay which is an area much wider than the Locality. Isolated statistics for the Locality itself could not be identified. Statistics for the whole of the Shire of Dandaragan and the whole of the State have also been provided to give context.

Census category Jurien Bay Shire of Western Dandaragan Australia

PIA Policy at risk group or sub-community: “Children and young people”

People aged 14 and younger 16.2% 15.3% 19.2%

People aged 19 and younger 20.7% 19.1% 25.3%

Average age of people 48 48 36

PIA Policy at risk group or sub-community: “Aboriginal people and communities”

Aboriginal and Torres Strait Islander people 2.8% 2.4% 3.1%

PIA Policy at risk group or sub-community: “Families”

Couple family without children 52.7% 55.6% 38.5%

Couple family with children 33.0% 32.8% 45.3%

One parent family 13.4% 10.4% 14.5%

Other family 0.8% 1.1% 1.7%

PIA Policy at risk group or sub-community: “Migrant groups from non-English speaking countries”

Australia as country of birth 78.7% 75.9% 60.3%

Top three responses as to ancestry Australian Australian English English English A ustr alian Scottish Scottish Irish

English only language spoken at home 89.4% 87.4% 75.2%

Households where a non-English language 3.5% 3.9% 19.4% is spoken

41 http://www.abs.gov.au/websitedbs/D3310114.nsf/Home/2016%20QuickStats

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Census category Jurien Bay Shire of Western Dandaragan Australia

PIA Policy at risk group or sub-community: “People in low socio-economic areas”

Worked full-time 51.4% 58.3% 57.0%

Worked part-time 34.2% 30.2% 30.0%

Unemployed 6.0% 4.5% 7.8%

Median weekly income – personal $596 $636 $724

Median weekly income – family $1,367 $1,445 $1,910

Median weekly income – household $1,123 $1,189 $1,595

Earning more than $3000 gross weekly 10.0% 11.7% 19.2% income

4.8 The statistics above reveal the following positive circumstances in terms of at risk groups and sub-communities present in the Locality when compared with the State averages:

4.8.1 Jurien Bay has an aging population.

4.8.2 Jurien Bay has a lower proportion of children and young people.

4.8.3 There is a lower proportion of Aboriginal and Torres Strait Islander people living in the Locality.

4.8.4 The number of families with children (- percentage of couple families and one parent families combined) is significantly lower.

4.8.5 The number of migrants from non-English speaking countries appears to be significantly lower.

4.8.6 The unemployment rate is lower than the State rate.

4.9 The PIA Policy also contemplates other at risk groups and sub-communities which cannot be readily identified from Census statistics. Further submissions and information in respect of these other groups are provided below:

4.9.1 As to “people from regional, rural and remote communities”:

(a) As the Locality is situated well outside the Perth metropolitan area boundary, it can be regarded as regional.

(b) However, there are no rural land uses known to be actively operating in the Locality and nor can the Locality be said to be remote given that there are other towns within 50km.

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(c) Jurien Bay is reasonably well developed with two shopping precincts, a modern marina, post office, medical centre, pharmacy, primary school, high school, police, sport and recreational facilities, light industrial businesses and a range of retail.

4.9.2 As to “mining communities or communities with a high number of itinerant workers”:

(a) The Locality does not contain any mine sites, mining camps or identifiable mining-related communities. However, it is acknowledged that some mining related business may be conducted in the Locality.

(b) No itinerant workers have been able to be identified in the Locality. However, it is acknowledged there would be some people employed in the mining industry who live in the Locality and there may also be itinerant workers living in the Locality.

4.9.3 As to “communities that experience high tourist numbers” referred to in the PIA Policy:

(a) The Locality is such a community. “The region is also an attractive travel destination so throughout the year the Shire is actively servicing a significantly higher population that easily doubles in peak seasons”42.

(b) The Locality is known to attract tourists, it has tourism-dedicated businesses within it and the town has an emerging tourism industry.

(c) The Shire of Dandaragan was the second most visited local government authority in the Coral Coast region by intrastate tourists on average for the years 2016-2018.43

42 Shire of Dandaragan Strategic Community Plan 2019-2029 - Envision 2029 (DOC 12) at page 8

43 https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2018/Tourism%20Region%20 Profiles%202018/ACC_2018%20Factsheet.pdf at page 9

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(d) Jurien is home to the highly successful, hugely popular and award-wining Skydive Jurien Bay business. This is a locally owned and operated business with its headquarters in the town centre. It operates two planes and conducts skydiving all-year round. “Jurien Skydive operates over 8000 (jumps per year, catering for between 20-40 people each weekend. This is a major drawcard to the Jurien township, where parachutists contribute to the region’s economy”44. In September 2020, the Australian Parachute Federation held skydiving championships in Jurien hosted by Skydive Jurien Bay. The business’ Facebook page has nearly 42,000 followers and the business clearly attracts a large number of people from all over the world45.

(e) Jurien also boasts a very special experience through sea lion charter operations which have been providing tours just outside the Jurien marina, throughout the whole year. Sea lion sightings are guaranteed46.

(f) There are numerous projects and developments unfolding in Jurien Bay and throughout the region to support the local population as well as the growing number of tourists47. In the last ten years the following has occurred:

44 2020 Jurien Bay Airport Masterplan at page 2 (DOC 14)

45 https://www.facebook.com/skydivejbay/

46 http://www.sealioncharters.com.au/tours and https://www.jurienbayoceanic.com.au/sea-lion-interaction

47 http://mail.jurienbay.net/New_Developments.html

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

(i) The major Indian Ocean Drive project was completed. It has opened up direct road travel between Lancelin and Jurien Bay and created a faster, more scenic and direct route to Jurien Bay from Perth48. The road has recently undergone works to improve and expand it.

(ii) A new large town jetty and playground has been completed.49

(iii) A new commercial complex has been established on Murray Street, known as Jurien Central.

(iv) Jurien Bay Motel Apartments have been established. This is a two-storey accommodation facility.

(v) Construction of a 98-unit retirement village has commenced and been partly completed50.

(vi) Planning approval has been granted for a large 3- storey, mixed use residential and holiday apartment complex just outside the town centre comprising café/bar and function room, tennis court, swimming pool. This is to be known as Ardross Beachridge Resort51.

(vii) Planning approval has been granted for a large, $100 million, 11-storey mixed-use foreshore development near the town jetty, in the town centre. It has been approved for hotel accommodation, retail shops, offices, restaurants, bars, function centre, health club, residential apartments, swimming pool and outdoor cinema52.

(g) In May 2019, Tourism WA published Australia’s Coral Coast 2018 Factsheet which shows the huge number of people visiting the area (which includes the Shire of Dandaragan and Jurien Bay). Relevant extracts are below:53

48 https://www.westernaustralia.com/en/Attraction/Indian_Ocean_Drive/56b26b842880253d74c526ee

49 http://mail.jurienbay.net/New_Developments.html

50 http://mail.jurienbay.net/New_Developments.html

51 http://mail.jurienbay.net/New_Developments.html

52 http://mail.jurienbay.net/New_Developments.html; Shire of Dandaragan recommended approval 28 November 2019 (Minutes available if required). See also https://www.businessnews.com.au/article/100m-resort-proposed-for-Jurien-Bay

53 https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2018/Tourism%20Region%20 Profiles%202018/ACC_2018%20Factsheet.pdf (DOC 11)

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

(h) There is a notable increase in visitors over the three-year period, especially for international visitor nights which have increased quite considerably.

(i) Slightly wider afield but still inclusive of the Locality, it is relevant to consider tourist numbers for the Wheatbelt region where an average of 1.05m people visited each year across the years 2017/18/1954.

(j) Tourists stand to benefit enormously from the establishment of Kakka Alley Brewing Co which will cater for them perfectly through the promotion of local produce and the physical features of the premises designed to reflect the geography and history of the region.

(k) There is nothing about this proposal to suggest that tourists will be put at risk from the tavern licence, or that the local community will be exposed to additional potential risks because it experiences high numbers of tourists. To the contrary, tourists

54 The Wheatbelt Overnight Visitor Factsheet 2017/18/19 (DOC 18): https://www.tourism.wa.gov.au/Publications%20Library /Research%20and%20reports/2019/Ad-hoc/RDC%20Factsheets/The%20Wheatbelt%20RDC%20Factsheets% 20YE%20Dec%2019.pdf

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

and locals are likely to be attracted to the venue for a different and parochial experience.

(l) Kakka Alley Brewing Co will be designed to accommodate tourists for dining, socialising, events and souvenirs. The type of food and liquor to be available at the microbrewery will be exactly what tourists will expect.

(m) There is currently no venue in Jurien Bay which offers a unique experience filled with bespoke local features.

(n) The Shire has published the following55:

The Shire of Dandaragan has an emerging tourist market particularly along the coast with visitor numbers traveling along Indian Ocean Drive increasing year on year with day trippers to the Pinnacles accounting for the largest increase in numbers.

This increase provides the coastal towns of Cervantes and Jurien Bay with the opportunity to develop a tourism development plan to convert the day trip tourists to one or two night short breaks.

The traditional family tourism group that have returned to Cervantes and Jurien year on year over the past twenty years is now transitioning to the children from those groups now bringing their children. We are now starting to see multi-generational family groups visiting the region. These groups are demanding a great variety of product more activities and better amenities.

To satisfy this added demand the Shire is currently undertaking a Tourism Development Strategy to maximise the potential of leveraging these day trippers and the multi- generational groups

Kakka Alley Brewing Co responds directly to these Shire messages and will greatly assist in the provision of important services and facilities to benefit Shire goals.

(o) There are various holiday accommodation venues in Jurien Bay including the caravan park, hotel/motel, holiday apartments and rental properties.

(p) Additional submissions regarding tourism and how Kakka Alley Brewing Co will support and benefit tourists are addressed elsewhere in this PIA.

4.10 As required by the PIA Policy, the applicant has considered whether there are other groups of people who may be vulnerable or at risk more so than the average person who lives in, works in or visits the Locality.

55 https://www.dandaragan.wa.gov.au/services/economic-development/tourism-development.aspx

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

4.11 As stated previously, no schools, hospitals, churches, day care centres or other sensitive type places are located within close vicinity of the microbrewery site and certainly Kakka Alley Brewing Co will not be situated on any particular or known route for people travelling to or from such places.

Social health indicators

4.12 Various factors can indicate the social health of a Locality and the community within it, as referred to in the sub-paragraphs below.

4.13 Health statistics for the Locality itself could not be identified. As very broad and general information, the applicant has had regard for the following statistics relating to the whole of the Wheatbelt region as published in the Wheatbelt Health Profile report56:

4.13.1 “For the period 2011-2015, the main cause of hospitalisation for adults aged 15-64 years was digestive diseases, accounting for 12 per cent of hospitalisations in this age group”57.

4.13.2 “For the period 2011-2015, the hospitalisation rates were significantly higher for alcohol (1.3 times) and tobacco-related (1.2 times) than the State rates”58.

4.13.3 “For the period 2011-2015 the hospitalisation rate of Wheatbelt residents (36,541 per 100,000) was lower (0.9 times) than the State rate”59.

4.13.4 “For the period 2011-2015, the Wheatbelt region’s mortality (death) rate was similar to the State rate… The leading causes of death were ischaemic heart disease, lung cancer, dementia, cerebrovascular disease and COPD”60.

4.13.5 “…two in seven (28%) adults drank alcohol at risk for long-term harm (males 40%)…one in ten (10%) drank alcohol at risk for short-term harm…”61.

4.14 The table below from that report indicates that liquor consumption in the Wheatbelt region is below that of State averages which are positive factors in this case62:

56 Wheatbelt Health Profile, Planning and Evaluation Unit, November 2018, prepared by the WA Country Health Service (DOC 15)

57 At page 5

58 At page 5

59 At page 6

60 At page 6

61 At page 26

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

4.15 The following graph illustrates offence data published by WA Police63 in respect of Jurien Bay. The information provides a limited, high level and general indication of crime in the Locality, however, it is important to highlight that the data is not that of proven crimes and nor is any of it described or explained in terms of connection to the local community. Data as to the rate of alcohol-related crime occurring in Jurien Bay is not publicly available.

4.16 The graph clearly reveals a declining trend in offences since there was a peak in 2015/16.

4.17 The Shire of Dandaragan Socio-Economic Indexes for Areas (SEIFA) measure the relative level of socio-economic disadvantage and/or advantage based on a range of

62 At page 27

63 https://www.police.wa.gov.au/Crime/CrimeStatistics#/start

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Census characteristics. The SEIFA Index of Disadvantage for Shire of Dandaragan in 2016 was 1003 which reflects positively on the health and wellbeing of the community living within the Shire and is a better/higher ranking than many other regional districts including most neighbouring local government areas64.

4.18 The statistics outlined above have not revealed any stand-out risk factors or categories which warrant special consideration in this application.

Strategies to be implemented to minimise harm or ill-health

4.19 There is a range of strategies that the applicant will implement which will minimise the potential for harm or ill-health to occur within the Locality as a result of liquor being served at Kakka Alley Brewing Co. Those strategies include the following:

4.19.1 Creating and maintaining services and facilities of a high quality in all respects, designed to accommodate people of all ages, genders, race and origin.

4.19.2 Maintaining a passive environment both physically and operationally.

4.19.3 Adopting and subsequently operating in accordance with a responsible Management Plan and Code of Conduct (DOC 9).

4.19.4 Adopting and subsequently operating in accordance with professional policies and procedures for good management, including dealing with complaints (DOC 9)

4.19.5 Pricing alcoholic drinks at a level which will not encourage rapid or excessive consumption.

4.19.6 Thoroughly training staff on all compliance matters including responsible service of liquor, as well as customer service.

4.19.7 Offering food and providing other products and services which are separate and distinct from the liquor itself.

4.20 The applicant is acutely aware that people under the age of 18 will likely visit the premises quite often in family groups. No liquor will be sold or supplied to them and other strict policies will apply in respect of juveniles, including the following:

4.20.1 Liquor will not be sold or supplied to anyone who is suspected of trying to obtain liquor for a juvenile.

4.20.2 Entry will be refused to any juvenile who is not appropriately accompanied by a parent or adequate guardian acting in the role of a parent.

64 https://profile.id.com.au/dandaragan/seifa-disadvantage

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

4.20.3 A person who appears to the licensee or staff to be under the age of 25 will have identification checked.

4.21 Importantly, the consumer evidence obtained by the applicant (DOCS 20 - 24) has not revealed any notable concerns from the public in terms of harm or ill-health risks associated with the supply of liquor at Kakka Alley Brewing Co.

5 Impact on amenity – section 38(4)(b)

5.1 The applicant understands that the grant of the tavern licence has the potential to impact on the amenity, quiet or good order of the Locality and has carefully considered, with regard to section 38(4)(b) of the Act whether its proposed business will be likely to lessen the amenity, quiet or good order of the Locality.

5.2 In accordance with the PIA Policy, the applicant has had regard to the following in this context:

5.2.1 What is the nature and character of the local community?

5.2.2 What are the facilities and services of the proposed premises?

5.2.3 How will the proposed premises fit into the amenity of the locality (positively and negatively)?

5.2.4 What will be the positive recreational, cultural, employment or tourism benefits for the community?

5.2.5 How has the consultation with local government regarding the proposed premises been taken into account in establishing a business plan?

5.3 Information, submissions and evidence contained throughout this PIA address these points and other issues under the heading of “impact on amenity” in the PIA Policy, including in particular the following sub-paragraphs.

Nature and character of the local community

5.4 Jurien Bay recorded a population of 1,761 at the time of the 2016 Census65. To understand the type of people who live in the Locality, the following table contains some 2016 Census statistics66 to illustrate the local demographic.

Census category Jurien Bay Shire of Western Dandaragan Australia

Median age 48 48 36

65 https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC50700?opendocument

66 https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC50700?opendocument, https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/LGA52590?opendocument and https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/5?opendocument

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

Census category Jurien Bay Shire of Western Dandaragan Australia

Aged 60+ 32.4% 31.9% 19.3%

Married 53.5% 54.8% 48.8%

Never married 27.7% 28.2% 35.2%

Born in Australia 78.7% 75.9% 60.3%

Language spoken at home Sinhalese (0.5%) Mandarin (0.6%) Mandarin (1.9%) (other than English) – top response

People in the labour force 40.9% 47.4% 50.7%

People in the labour force who 51.4% 58.3% 57.0% work full-time

Occupation – professionals 9.9% 8.7% 20.5%

Occupation – managers 14.4% 25.1% 12.0%

Occupation – technicians and 20.0% 14.6% 16.2% trades workers

Median weekly personal income $596 $636 $724

Earns more than $3,000 gross 10.0% 11.7% 19.2% weekly income

Tenure – own outright 39.5% 42.2% 28.5%

Tenure – own with a mortgage 29.3% 26.8% 39.7%

Median rent $300 $265 $347

Median mortgage repayments $1,863 $1,625 $1,993

5.5 The above statistics reflect that the average resident in the Locality could be described as follows:

5.5.1 Mature aged.

5.5.2 Married.

5.5.3 Not in the workforce.

5.5.4 Owns his/her house outright.

5.6 The information above and set out elsewhere in this PIA contains various indicators of a large retiree population in Jurien Bay. Those indicators include the high average age of residents, the lower portion in the workforce, the fewer couples with children

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

and the higher percentage of people owning their own home. There is also a sizeable retirement living precinct in the town centre known as Jurien Bay Village which is operated by Acacia Living Group67.

5.7 An overview of the Shire of Dandaragan’s coastal population is that it “has experienced significant growth attributed to people retiring to the coast…most age groups below 54 are less than the regional WA average. The Shire’s overall population of older couples without children is 15% which is 6% higher than the state average”68.

5.8 The Shire expects to achieve population growth in coming years at a rate that is above average. The Shire has been planning and strategising accordingly.

How the proposed premises will fit into the amenity 5.9 The applicant’s site operating as a microbrewery, pursuant to a tavern licence, will be able to cater to the requirements of consumers for liquor and related services and support the local tourism industry without causing any negative amenity issues given its location just outside the town centre and within a semi-industrial area.

5.10 The amenity will be much improved by virtue of the character and life that the new business will inject into the area and the well-appointed premises designed around local natural features.

5.11 The consumer evidence gathered by the applicant reveals that the large majority of the public considers that Kakka Alley Brewing Co will make a very positive contribution to the amenity of the area.

5.12 The physical features of the design of the premises, as detailed earlier on in this PIA, will draw on colours and materials from the local surroundings and fit perfectly into the existing amenity.

5.13 The applicant’s site is currently fairly inactive. It is a relatively vanilla property, which is not open to the public and does not offer any notable character. Approval of Kakka Alley Brewing Co will totally change these factors for the better.

5.14 As stated earlier on in this document, there are no neighbouring residents or community groups to be impacted.

5.15 The approval of the tavern licence will most likely have only positive effects from an amenity perspective as the grant will ensure that new services and facilities are provided to the local community in keeping with trends elsewhere. In fact, the approval of Kakka Alley Brewing Co stands to result in very positive outcomes across the board.

67 https://acacialiving.com.au/retirement-villages/jurien-bay-village

68 Shire of Dandaragan Strategic Community Plan 2019-2029 - Envision 2029 (DOC 12) at page 9

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Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.16 98% of people who participated in the applicant’s community consultation exercise (DOC 20 and 21) stated that they consider Kakka Alley Brewing Co will have a positive effect on the town.

5.17 Assessment staff at the Shire of Dandaragan have found as follows69:

The location of the Microbrewery within the [Coalseam Drive Light Industrial Area] results in minimal concern that the development is not compatible with its setting or established amenity of the locality it is situated within - providing the premises undertakes brewing activities on site to comply with the planning scheme. This has been included as a condition of planning approval. The proposed Microbrewery will appear no different to other established lots within the [Coalseam Drive Light Industrial Area].

…

The impact of the development on the community as a whole is viewed a positive one, in that, the development will offer a new land use which currently does not operate in the Shire. Support for new business ventures through the local government planning framework is a strategic action within both the Shire’s Local Planning Strategy and Strategic Community Plan – Envision 2029. Therefore, the development application is recommended for approval with several conditions.

Outlet density 5.18 As required by the PIA Policy, the applicant has identified all of the licensed premises that already exist in the Locality. They are listed in the table below:

No. Licence type Premises name Address

1 Hotel Jurien Bay Hotel Motel Padbury Street, Jurien Bay 2 Tavern Sandpiper Bar & Grill Lot 672 Roberts Road, Jurien Bay 3 Liquor Store BWS – Beer Wine Spirits Jurien Bay Jurien Bay Shopping Centre, 36 Bashford Street, Jurien Bay 4 Club Jurien Bay Bowling Club Inc. Bashford Street, Jurien Bay 5 Club Jurien Bay Country Golf Club Inc. Bashford Street, Jurien Bay 6 Restaurant Meraki Jurien Bay 1/1 Roberts Street, Jurien Bay 7 Producer’s Hill River Mead 145 Wren Way, Jurien Bay 8 Club Restricted Jurien Bay Football Club Inc. Lot 504 Bashford Street, Jurien Bay 9 Small Bar Murray Street Grill Unit 1/12 Murray Street, Jurien Bay

69 Shire of Dandaragan Agenda for Ordinary Council Meeting to be held Thursday 24 September 2020, at pages 15 and 16: https://www.dandaragan.wa.gov.au/Profiles/dandaragan/Assets/ClientData/Documents/Council_Meetings/Agendas/2020/202 00924_24_September_2020_Agenda_and_Attachments.pdf

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.19 The existing hotel, tavern and liquor store are pictured below:

5.20 All of the existing licensed premises are totally and utterly different from the applicant’s proposed operation.

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.21 The directors of the applicant company have personally inspected the existing premises, some of them several times and determined that they offer a range of liquor and related services.

5.22 In terms of assessing existing services, the directors have concentrated mainly on Jurien Bay Hotel Motel, Sandpiper Bar & Grill, Murray Street Grill and BWS. The other licensed premises provide very limited services and facilities, some of which are only available to members and their guests, as is apparent from the classes of licence applicable to those premises.

5.23 The Jurien Bay Hotel Motel and Sandpiper Bar & Grill offer liquor for sale and supply for consumption both on and off the premises, although only the hotel provides a dedicated packaged liquor bottleshop. Sandpiper Bar & Grill has packaged liquor available over the bar counter. The hotel bottleshop provides a modest range of beer, wine and spirits.

5.24 Murray Street Grill provides dining and drinking services for up to 120 people.

5.25 The BWS liquor store outlet offers a wide and large range of packaged liquor.

5.26 None of the existing premises:

5.26.1 sell or supply locally produced beer or cider; or

5.26.2 produces its own liquor; or

5.26.3 is a brewery of any kind; or

5.26.4 is dedicated to local produce, local design and local themes; or

5.26.5 is located in a light industrial area; or

5.26.6 offers the following combination of things:

(a) Dining.

(b) Drinking.

(d) Local craft beer and cider.

(e) Local design and artwork including historical components.

(f) Education.

(g) Entertainment.

(h) Socialising.

(i) Take-away craft beer and cider.

Public Interest Assessment (PIA) Kakka Alley Brewing Co

(j) Industrial area location.

5.27 The consumer evidence in support of the application confirms the public considers that the Kakka Alley Brewing Co proposal is unique and will offer something very different in Jurien Bay and that current licensed premises do not adequately satisfy consumer requirements. Kakka Alley Brewing Co will fill an obvious gap in the Jurien Bay hospitality scene.

5.28 There is in fact no brewery within approximately 185km of Jurien Bay. The nearest one is located far south in Mindarie.

5.29 Even although in the last ten years the local tourism industry has grown considerably, access to the town has been significantly improved with Indian Ocean Drive, visitor numbers have increased and there has been a major focus on and push for tourism, there has only been one new vertical dining and drinking licence granted which was the Murray Street Grill small bar licence approved in 2017. Prior to that, the Sandpiper Bar & Grill tavern licence was granted in 2002.

5.30 Pursuant to section 36B of the Act, the applicant has studied the existing packaged liquor premises70 in the Locality, namely the Jurien Bay Hotel Motel, Sandpiper Bar & Grill and the BWS outlet.

5.31 Whilst those outlets collectively offer a wide range of packaged liquor, they offer very few genuine craft beers independently produced in Western Australia and certainly produced in or near the Locality. For example, no products produced by the following have been found by the directors of the applicant company at existing outlets in any of the several inspections conducted by the directors this year, either as packaged liquor or for consumption on the premises:

5.31.1 Billabong Brewing

5.31.2 Blasta Brewing Co

5.31.3 Brewhouse Margaret River

5.31.4 Bright Tank Brewing Co

5.31.5 Blackwood Valley Brewing Co (The Cidery)

5.31.6 Cowaramup Brewing Company

5.31.7 Elmar’s in the Valley Micro Glass Brewery

5.31.8 Froth Craft

5.31.9 Homestead Brewery

5.31.10 Indian Ocean Brewing Company

70 As defined in section 36B(1) of the Act

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.31.11 Innate Brewers

5.31.12 Jarrah Jacks Brewery

5.31.13 Last Drop Brewery

5.31.14 Lucky Bay Brewing

5.31.15 Margaret River Ale Company

5.31.16 Northbridge Brewing Co

5.31.17 Nowhereman Brewing Co

5.31.18 Otherside Brewing Co

5.31.19 Rocky Ridge Brewing Co

5.31.20 Run a Muk

5.31.21 South Fremantle Brewing

5.31.22 Three Rivers Brewing Company

5.31.23 Thorny Devil

5.31.24 Wedgetail Brewing

5.31.25 Whitelakes Brewing

5.31.26 Bailey Brewing Co

5.31.27 Whalebone Brewing Company

5.32 Some of the local people who have participated in the applicant’s consultation process have confirmed the lack of availability of craft beer in the town now and deficiencies of existing premises by way of the following comments71:

5.32.1 “Bottleshop does have lots of options but no craft home brew beer”: P Mais, 49

5.32.2 Existing venues: “limited choice for boutique beers”: S Brown, 62

5.32.3 “No locally produced craft beer available”: D Finlayson, 46

5.32.4 “The current crop of outlets are all very similar to each other, always looking for diversity”: C Calegari, 52

71 Questionnaires (DOC 21)

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.32.5 “Standard pubs are both same no boutique beer or service…[beer I like to buy] not available at pubs”: M Donelly, 46

5.32.6 “Tavern and pubs have a very different ambience & preference would be brewery”: V Mair, 60

5.32.7 Current licensed venues in Jurien Bay “lack personality – atmosphere”: K Tayler, 56

5.32.8 “Both venues are very traditional and quite boring…we don’t have decent craftbeer (sic) on tap in Jurien Bay”: M Bellemore, 65

5.32.9 “A microbrewery is needed”: R Waterman, 55

5.33 The grant of the Kaka Alley Brewing Co licence will facilitate the expanded promotion, sale and supply of these and other Western Australian beer and cider products into a region which is currently sorely lacking and where the brewers currently have no exposure or representation.

5.34 There is no intention for the liquor that the applicant will produce to be made available at the existing premises. Kakka Alley Brewing Co liquor will only be available at the applicant’s premises and only liquor produced by or under the direction of the applicant will be available in packaged form, for take-away sale.

5.35 The introduction of Kakka Alley Brewing Co into the Locality will add significantly to the options for residents and visitors in terms of licensed hospitality services and local experiences. The microbrewery will complement existing businesses by providing something different, in a different part of town. Existing businesses will very likely benefit from the operation of Kakka Alley Brewing Co which will attract visitors and enhance the growing tourism industry in the town.

Consultation

5.36 The applicant has consulted widely in relation to this proposal.

5.37 Firstly, the applicant consulted with the Shire of Dandaragan and obtained both assistance and in-principle encouragement and support from the Shire to proceed with this application. In fact, a letter of support was obtained from the Shire early on in the process and is listed in the Index (DOC 23).

5.38 The applicant has also consulted with experienced brewers, brewery personnel, local residents, visitors to Jurien Bay and professional advisors.

5.39 As explained previously, the applicant has consulted with the public through conducting a public survey and questionnaire (DOCS 20 and 21). 162 people have participated in the exercises. Details of the proposed operation were provided and the feedback in response has been overwhelmingly positive.

5.40 The average age of participants is 50, signifying a mature catchment which is consistent with the demographic evidence provided earlier on in this PIA.

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.41 The consumer evidence contains support for every aspect of the application.

5.42 100% of respondents stated that they would patronise Kakka Alley Brewing Co.

5.43 Most participants are residents in the Locality or close by whilst some are tourists.

5.44 Many participants went to the trouble of providing personal comments regarding the application including compelling remarks in favour of the grant. Some of those comments include the following72:

5.44.1 “Jurien need’s (sic) tourism diversity and this licence helps with that. This type of business is booming in other parts of the state and Jurien is missing out. It also has a point of difference with other Jurien liquor licence’s (sic)…I am excited at the prospect and enjoy craft beer’s (sic)”: B Glorie, 68

5.44.2 “Jurien Bay & surrounding area has been crying out for a venue like this for many years. It will be great for tourism & create jobs for the local community. I strongly endorse this project”: D Finlayson, 46

5.44.3 “Any business opportunity that creates another tourist option, is family friendly, provides another outlet for locals, serves good food, is reasonably priced and creates jobs has to be good for the town + region”: D Waterman, 53

5.44.4 “Like to try new beers”: Jurien Hardware owner

5.44.5 “Kakka Alley will offer more options…great tourist attraction”: P Mais, 49

5.44.6 “It would be a very welcome alternative venue for Jurien Bay that would importantly attract tourists to our area…It will be a unique venue that can accommodate tourist needs…the town is growing and desperately needs something like Kakka Alley Brewing Co…It would give a perfect opportunity to entertain my customers”: M Bellemore, 65

5.44.7 “The fishing village and cray fishing theme is certainly missed in Jurien Bay”: R Munns, 56

5.44.8 “A local brewing company will be a great addition to the town & offer locals & visitors a good local product experience”: J Turner, 53

5.44.9 “Jurien Bay lacks the variety of food + liquor outlets that southwest towns have. We need this variety to attract + retain visitors/locals”: C Strugnell, 54

5.45 The applicant has also consulted with others in the community and obtained letters of support from some, which have been included in the Applicant’s Case (DOCS 22-24). Those letters provide a clear voice of support for the microbrewery to be established as proposed.

72 Questionnaires (DOC 21)

Public Interest Assessment (PIA) Kakka Alley Brewing Co

5.46 It is relevant that the directors of the applicant company are Jurien Bay locals and have been involved in the local community for many years. They are very motivated to establish a bespoke operation that promotes the flora, fauna, history, character and produce of the region. They are driven to create a venue that is harmonious with the local community and something that fellow residents can be proud of.

5.47 The Shire of Dandaragan has published the following supporting comments that it has received73:

5.47.1 “Strongly supports the proposed development and maintenance of the appropriate mix of recreational and commercial activities for the region, and for the town of Jurien Bay”: Jurien Bay Chamber of Commerce:

5.47.2 “Supports the development on the basis the development provides a further attraction to residents and visitors of the Shire”: general ratepayer

6 Offence, annoyance, disturbance or inconvenience – section 38(4)(c)

6.1 In respect to this issue the applicant has considered “the impact that may be caused to people who reside or work in the vicinity of the proposed licensed premises”74. As the premises is situated within a designated light industrial area it is isolated from the town centre, surrounded by commercial properties.

6.2 The nearest residence is approximately 1.56km (straight line) from the applicant’s site, as depicted in the Google Maps image below:

73 Shire of Dandaragan Agenda for Ordinary Council Meeting to be held Thursday 24 September 2020, at page 18 and 19: https://www.dandaragan.wa.gov.au/Profiles/dandaragan/Assets/ClientData/Documents/Council_Meetings/Agendas/2020/202 00924_24_September_2020_Agenda_and_Attachments.pdf

74 PIA Policy

75 https://www.google.com/maps/place/12+Gypsum+St,+Jurien+Bay+WA+6516/@-30.2959248,115.0594997,16z/ data=!4m5!3m4!1s0x2bd19a3b64fc66b7:0x6137c65b95447b7f!8m2!3d-30.2959295!4d115.0638824

Public Interest Assessment (PIA) Kakka Alley Brewing Co

6.3 The applicant has carefully identified and assessed potential noise and associated issues and determined how its premises will be most unlikely to cause any problems.

6.4 Importantly, the Shire of Dandaragan assessment staff have identified that “[n]oise concerns regarding the licensed area are also negligible considering no established residential locality is in close vicinity of the development”76.

6.5 It is not considered that there are any high risk factors associated with the application. Nonetheless, the applicant proposes to implement the following strategies to “combat offence, disturbance or inconvenience”77 that could potentially occur:

6.5.1 With the exception of events and functions, music at the venue will be played at a moderate level whereby musicians/bands that are especially loud, rowdy or boisterous will not be engaged to perform at Kakka Alley Brewing Co.

6.5.2 A high standard of premises will be maintained so as to command an equal standard of patron behaviour.

6.5.3 Food will be available.

6.5.4 There will be a considerable number of chairs and tables.

6.5.5 The premises will be very well lit. Much of the licensed area will be open- air.

6.5.6 Reduced trading hours so that Kakka Alley Brewing Co will generally not be open to the public during the weekday morning periods when the light industrial area is busiest.

6.5.7 On a regular basis a representative of the licensee will liaise with neighbouring businesses regarding the conduct of business at Kakka Alley Brewing Co to ensure there are no issues.

6.6 The applicant will have a complaints process in place in order to deal with any issues that may arise.

6.7 Ample parking will be readily available in close proximity.

6.8 Circumstances pertaining to the location and proposed manner of trade are such that it can be reasonably expected that the patron noise associated with Kakka Alley Brewing Co will have no negative impact on the amenity of the surrounding area whatsoever.

76 Shire of Dandaragan Agenda for Ordinary Council Meeting to be held Thursday 24 September 2020, at page 16: https://www.dandaragan.wa.gov.au/Profiles/dandaragan/Assets/ClientData/Documents/Council_Meetings/Agendas/2020/202 00924_24_September_2020_Agenda_and_Attachments.pdf

77 PIA Policy

Public Interest Assessment (PIA) Kakka Alley Brewing Co

6.9 In terms of waste disposal, both recycling and garbage will be disposed of within the bins during usual business hours.

7 Tourism, community or cultural matters – section 38(4)(ca)

7.1 The establishment of Kakka Alley Brewing Co and grant of the tavern licence will generate considerable tourism, community and cultural benefits as referred to earlier on in this PIA and in the following sub-paragraphs.

7.2 As has been addressed earlier on in this PIA, Jurien Bay already attracts a lot of tourists. The number of visitors is trending upwards and various new facilities are being established to cater for and accommodate visitors to the town.

7.3 “[T]he Wheatbelt is the second most non-metropolitan region visited, with nearly 700,000 visitors annually”78.

7.4 As stated previously, Jurien Bay forms part of “Australia’s Coral Coast” and its particular section of the region is referred to as the “Turquoise Coast” as a reference to the pristine coastline that the area enjoys. The following has been published in relation to Jurien Bay as part of the Turquoise Coast79:

Jurien Bay is Western Australia’s family favourite and fast emerging as popular short break destination. Jurien offers fantastic swimming, coffee, great beaches and a good range of accommodation options.

Located just 2.5 hours drive north of Perth on the Indian Ocean Drive and only 20 minutes north of Cervantes, Jurien Bay is a top fishing spot with the Jurien Bay Marina providing a safe haven for a large number of crayfishing boats.

It’s not uncommon to spot endangered Australian Sea Lions and these cute creatures are often seen lazing in the sun on the beaches of the Jurien Bay Marine Park. Among the rarest of the world’s sea lion population, Australian sea lions are found only in WA and South Australia. Approximately 21% of the Western Australian population of sea lions live and breed in the Jurien Bay Marine Park. Observe the sea lions in their own natural environment by joining a sea lion tour from Jurien Bay boat harbour or Cervantes. Note: Please remember that the sea lions you encounter are not tame. Do not feed them as it creates a dependency on humans.

Enjoy Jurien Bay from above! The multi award-winning Jurien Bay Skydive runs single, tandem and sports skydiving 7 days a week. Not a diver? You might see the jumpers land right on the beach.

Jurien Bay is an ideal fishing location. Why not enjoy a fishing charter adventure with professionals who have the knowledge and experience of their home waters ensuring you have an unforgettable fishing experience. Fishing charters out of Jurien can tailor a tour to suit your needs. Keep an eye out for rock lobster fishermen as they return with their daily catch.

78 Wheatbelt Development Commission, Wheatbelt Fast Facts (DOC 17) at page 2

79 https://www.australiascoralcoast.com/destination/jurien-bay

Public Interest Assessment (PIA) Kakka Alley Brewing Co

Sandy Cape is a beautiful beach located 13km north of Jurien Bay, which is situated in a small, sheltered bay and offers great swimming, snorkelling, fishing and sandboarding opportunities. Licensed road vehicles are permitted in the Park and can use the beach between the high and low water line. Look for signage before fishing, as there are restrictions in certain places. There are about 80 campsites accessible by 2WD in the main campsite with eco toilets available. Camping is also permitted in the 4WD only areas north and south from Sandy Cape. Camp fees are $20 per night for a maximum 2 adults and 2 children. Fees apply in all camping areas and are to be paid to the camp care taker. Note: Dogs are allowed at Sandy Cape, but need to be on a leash in some areas.

WWII Remains at North Head are accessible by 4WD, following the tracks south from Sandy Cape Information Bay to find the well-preserved remains of a WWII radar installation, with two intact shelters, original foundations and an underground tank. Visitors are encouraged to treat the area and any remaining facilities with the respect owed to an important military heritage site by parking at the designated parking area and walking the 300 metres to the shelters. Camping is not permitted at North Head and some areas are restricted fishing zones so please refer to local signage.

The Turquoise Way Trail is a 13.5km sealed track stretching along the coast from the Jurien Bay Marina to the Hill River Mouth (almost half-way to Cervantes). Hire a bike and follow the trail along the stunning coast and you can see the Hill River estuary from the trail. The Turquoise Way is flat for the northern half of the ride, with a few more undulations in the southern half.

Lesueur National Park is recognised as a global biodiversity hotspot. An 18.5km, one- way, sealed, loop-road allows you to explore the best that the scenic Mount Lesueur National Park has to offer. World renowned for its extremely high native plant diversity, the park contains over 1,100 species amounting to 10% of WA’s known flora. Although stunning all year round, the best time to visit Mt Lesueur is between August and November, when a vast array of weird and wonderful wildflowers burst into bloom.

7.5 Tourism clearly plays an important role in the area. However, as is clear from the above quotes, the tourism experience is based and reliant on the natural characteristics. There is a noticeable void in hospitality, retail and other support services.

7.6 “There is significant potential for growth of the [tourism] industry in the Central Coast region. A number of new businesses have been successfully established here, including Jurien Bay Sky Dive”80.

7.7 The establishment of Kakka Alley Brewing Co will not only cater for tourists, the local community and provide cultural experiences, but will also showcase and promote features of the area.

7.8 Further, Kakka Alley Brewing Co will generate various employment opportunities if the licence is granted. A variety of full time, part time and casual positions will be created.

80 Wheatbelt Development Commission Wheatbelt Snapshot Series: Tourism, version 1 – July 2014 at page 4 https://www.wheatbelt.wa.gov.au/files/8414/0487/1168/Wheatbelt_Snapshot_Series_-_Tourism_08072014_-_Final.pdf

Public Interest Assessment (PIA) Kakka Alley Brewing Co

7.9 It has been authoritively reported by Deloitte that microbreweries provide “an opportunity for local Australian farmers, as a growing craft brewing industry is likely to demand more premium ingredients like malted barley and hops, the key ingredients in beer”81.

7.10 Further Deloitte has found as follows82:

Value-add industries in hospitality and tourism will also feel the benefit of a growing craft beer market in regional Australia. Regional Australia is home to a disproportionate amount of breweries… Consumers want to experience ‘locally’ made produce and, by and large, craft beer entrepreneurs through their passion for the product and local ingredients, develop a strong link through their produce, marketing, and sense of place. With their local focus, craft breweries are fostering the development of job creation and further the establishment of small businesses in the region.

7.11 “Western Australia's future success as a premium tourist destination lies in embracing craft beer, according to Edith Cowan University researchers. The Craft Beer Tourism report has revealed the industry is booming, and ECU researcher Nevil Alexander says it's time the tourism authority recognised how the market could help WA's visitor numbers. ‘There is clearly a desire for craft brewery experiences – the whole industry is evolving, and we need to recognise beer as a tourism asset,’ Mr Alexander said”83.

7.12 In 2015 Tourism WA published a dedicated strategy “to strengthen Western Australia’s position as an internationally-recognised destination where you can savour gourmet produce, fresh seafood, premium wines and boutique beverages (e.g. craft beers, cider and spirits”84. That strategy report also states the following:

Western Australia is a gourmet traveller destination because the State has exceptional produce, and its natural beauty and culture provides the perfect setting for an all- encompassing, extraordinary tourism experience.

This strategy provides a cohesive framework to align the State’s tourism, wine, agricultural and fishing industries, enabling Western Australia to deliver on visitors’ demands to taste authentic local produce in spectacular surroundings.85

Kakka Alley Brewing Co is totally aligned with these strategies.

7.13 The new venue will provide an alternative place for local people to meet, socialise. host events. Kakka Alley Brewing Co will provide an environment filled with local features. Given these facts, the premises will provide an opportunity for community spirit to be fostered.

81 https://www2.deloitte.com/au/en/pages/consumer-business/articles/craft-beer-bucking-the-trend-in-australia.html

82 https://www2.deloitte.com/au/en/pages/consumer-business/articles/craft-beer-bucking-the-trend-in-australia.html

83 https://www.watoday.com.au/national/western-australia/craft-beer-could-be-key-to-wa-tourism-success-ecu-researchers- 20180305-h0x0v8.html

84 Tourism Western Australia Taste 2020 report (DOC 16) at page 3

85 Tourism Western Australia Taste 2020 report (DOC 16) at page 3

Public Interest Assessment (PIA) Kakka Alley Brewing Co

7.14 In this same regard, the public will gain considerable cultural benefits. Visitors will be able to learn about the town through the historical pictures, local produce and local artwork.

7.15 The evidence of community support referred to earlier on in this PIA confirms that the public clearly envisages various benefits to come from the approval of Kakka Alley Brewing Co.

8 Other matters

Security and safety 8.1 The applicant has had regard for matters of safety and security in relation to its business proposal.

8.2 The following will operate at Kakka Alley Brewing Co:

8.2.1 Secure locking systems.

8.2.2 CCTV.

8.2.3 A high level of staff training which will include how to deal with incidents that are or could potentially become, criminal or unsafe.

8.2.4 Maintaining a strict application of harm minimisation principles and policies, for example, staff training and keeping in contact with police.

8.2.5 No cash will be kept on the premises when closed.

8.2.6 The premises will be properly labelled and sign-posted.

8.2.7 The premises will be well lit.

8.3 The high quality, family friendly premises will help make the public feel welcome and would-be criminals or disorderly persons uncomfortable.

Harm minimisation 8.4 The applicant has prepared detailed plans in accordance with the policy of the Director of Liquor Licensing in relation to harm minimisation (DOC 9).

8.5 Every effort will be made by the applicant to conduct business under the licence in a manner that minimises the potential for harm or ill-health to occur as a result of the liquor services operating at the new venue.

8.6 Various policies, practices and procedures will be implemented to facilitate compliance and to create a business that endorses and encourages responsible drinking.

8.7 As referred to previously in this PIA and the accompanying Legal Submissions (DOC 10), there are various features of the proposal which will contribute towards minimising harm.

Public Interest Assessment (PIA) Kakka Alley Brewing Co

8.8 Staff will be trained thoroughly on matters of harm minimisation, responsible service and other matters of compliance, in addition to customer service and neighbour care.

8.9 Strict policies will apply in respect of juveniles as referred to earlier on in this PIA.

8.10 There will be close monitoring of drunkenness on the premises, which will not be tolerated.

Patronage 8.11 The applicant anticipates a very broad customer base, with people of all ages and persuasions attracted to the relaxed and themed atmosphere at Kakka Alley Brewing Co.

8.12 Family groups will be catered for with menus and entertainment available for children.

8.13 The evidence demand from consumers indicates that the premises will be very well patronised, regularly.

8.14 As stated previously, up to 225 patrons will be able to be accommodated at the premises at any one time.

9 Section 36B

9.1 Section 36B of the Act deals with packaged liquor, sold and supplied for take-away purposes for consumption off the premises and it also deals with premises authorised, or proposed to be authorised, to sell and supply packaged liquor.

9.2 A “packaged liquor premises” for the purposes of section 36B is86:

9.2.1 a hotel licence without restriction;

9.2.2 a tavern licence;

9.2.3 a liquor store licence; and

9.2.4 a special facility licence of a prescribed type. No types have been prescribed.

9.3 Therefore, section 36B applies to the present application.

9.4 Section 36B has been said to have been intended to “enable the licensing authority to manage the number of packaged liquor outlets where sufficient outlets already exist within a locality”87.

9.5 Notwithstanding the fact that the Kakka Alley Brewing Co application is caught within the scope of section 36B by virtue of the wide and simple definition of “packaged liquor premises”, it is clear that packaged liquor will only be one, small component of

86 Pursuant to sections 36B(1) and (2)

87 Explanatory Memorandum, Liquor Control Amendment Bill 2018 at page 1

Public Interest Assessment (PIA) Kakka Alley Brewing Co

Kakka Alley Brewing Co. In actual fact, the premises the subject of this application will be, first and foremost, a production facility, with on-site licensed hospitality services. More accurately, Kakka Alley Brewing Co will be a bespoke microbrewery premises with multi-faceted on-site services and a small and very discrete take-away liquor option of just a few exclusive products. It is respectfully submitted that section 36B only applies in this case to a very limited extent and that the requirements of section 36B are easily satisfied.

9.6 The licensing authority has previously determined that a tavern licence application may satisfy section 36B of the Act and be granted where the packaged liquor to be sold and supplied under the licence is so limited88.

9.7 With reference to the outlet density information and evidence provided in this PIA, the following are the relevant “packaged liquor premises” to be considered in the context of this case in terms of section 36B:

9.7.1 Jurien Bay Hotel Motel

9.7.2 Sandpiper Bar & Grill

9.7.3 BWS – Beer Wine Spirits Jurien Bay

9.8 Those few premises are all situated in the town centre, well over a 1km away. None is a brewery of any kind. None sell beer or cider produced in Jurien Bay, let alone anything produced by or under the direction of the applicant. The applicant’s full assessment of those outlets is referred to earlier on in this PIA.

9.9 The evidence of requirements from consumers, as referred to above, is that they require Kakka Alley Brewing Co products for take-away purchase.

9.10 Those products are not currently and will not be available at existing outlets in Jurien Bay. They will be available exclusively for take-away sale in Jurien Bay at Kakka Alley Brewing Co.

9.11 No issue arises in respect of section 36B(3) of the Act in this case. The proposed packaged liquor premises will not comprise a retail area that is of the prescribed size and there is no existing packaged liquor premises within the prescribed distance that is of the prescribed size. Therefore, the application is eligible to be heard and determined.

9.12 Further and more detailed submissions addressing section 36B of the Act are contained in the applicant’s separate Legal Submissions (DOC 10).

10 Sections 5, 33 and 38

10.1 Submissions addressing sections 5, 33, 38 and other relevant provisions in the Act are contained in more detail in the applicant’s Legal Submissions included in the Applicant’s Case (DOC 10).

88 Pirate Life (A881920454/602213750319)

Public Interest Assessment (PIA) Kakka Alley Brewing Co

11 Additional requirements and procedures

11.1 The applicant acknowledges the additional requirements and procedures referred to in the PIA Policy and will comply with those, as may be directed by the licensing authority, including potentially making a hard-copy of this PIA publicly available.

11.2 The applicant also understands in this regard that this PIA may be made available for inspection on the licensing authority’s website during an advertising period.

12 Conclusion

12.1 This document addresses the PIA Policy comprehensively and with specific reference to the application.

12.2 The applicant has provided a detailed proposal including necessary formalities and a large volume of evidence from various sections of the community.

12.3 This PIA deals with all factors relevant to the public interest and careful consideration has clearly been given to all public interest factors. As required, the applicant has identified the relevant at risk groups and sub-communities and also both positive and negative aspects associated with the proposal.

12.4 The large number of positive public interest factors in this case far outweigh the few negatives which, in any event, have been addressed by the applicant in the proposal.

12.5 Given all relevant considerations the application is not complicated in any way and should not attract any controversy.

12.6 There is a large volume of other supporting material in respect of the application, itemised in the Index.

12.7 Further aspects of the public interest and the legal issues associated with the application are addressed in the applicant’s detailed Legal Submissions (DOC 10).

Dated 23 October 2020

______Lavan Lawyers for the applicant Reference: JIP:1165647 [email protected] T: (08) 9288 6946 www.lavan.com.au

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