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Application for the Conditional Grant of a Liquor Store Licence

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Section 38 - Application for the Conditional Grant of a Liquor Store Licence Premises Name: Wanneroo Cellars Applicant: Parkview Enterprises Pty Ltd Location: Tenancy 6, 957 Wanneroo Road, Wanneroo WA 6065 Licence Type: Liquor Store Licence Prepared by: Office 2, 48 Kishorn Road, Applecross WA 6153 Ph. 08 9316 8699 Fax 08 9316 9699 [email protected] www.hospitalitytotalservices.com.au This Submission is not to be copied in part or its entirety by any person without prior written consent from Hospitality Total Services (Aus.) Pty Ltd. Failure to do so may result in legal action. www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Parkview Enterprises Pty Ltd Table of Contents 1. Introduction 3 2. The Applicant 6 3. Location and Locality 9 4. Venue and Operation 25 5. Legislative Framework – Liquor Control Act 1988 40 6. Public Interest 44 7. Section 38 (4) (a) of the Act – Harm or Ill-health 61 8. Applied Research Section 38 (4) (a) of the Act – Harm or Ill-health 64 9. Community Consultation 73 10. Section 38 (4) (b) of the Act – Impact on Amenity 77 11 Section 38 (4) (c) of the Act – Offence, Annoyance, Disturbance or Inconvenience 91 12. Summary 95 13. Advertising 96 14 Attachments 96 15 Figures 97 2 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Parkview Enterprises Pty Ltd 1. Introduction 1.1 Parkview Enterprises Pty Ltd (the Applicant) is seeking approval from the Director of Liquor Licensing at the Department of Local Government, Sport and Cultural Industries of Western Australia, herein referred to as DLGSC (formerly the Department of Racing Gaming and Liquor or DRGL) for the conditional grant of a Liquor Store Licence. 1.2 This application relates to the premises to be known as Wanneroo Cellars, located at Tenancy 6, 957 Wanneroo Road, Wanneroo WA 6065. 1.3 The Liquor Control Act 1988 (the Act) defines a Liquor Store Licence in Section 3 as a licence granted under section 471 which states as follows; Liquor store licence, effect of (1) Subject to this Act, during permitted hours the licensee of a liquor store licence is authorised to keep open the licensed premises and to sell packaged liquor on and from the premises to any person. (2) The licensee of a liquor store licence is authorised to supply liquor, by way of free sample — (a)for consumption on a part of the licensed premises approved for the purpose by the Director; or (b)for consumption off the premises. [Section 47 amended by No. 12 of 1998 s. 30.] [Heading deleted by No. 73 of 2006 s. 37.] 1.4 Hospitality Total Services (Aus) Pty Ltd (herein referred to HTS) has prepared this Public Interest Assessment (PIA) submission on behalf of the Applicant, addressing the primary and secondary objects of Section 52 and Section 383 and of the Act. 1.5 Section 38 subsection 2 of the Act outlines the matters that the Licensing Authority is to consider when deciding whether or not to grant a licence, stating; “An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest.” 1.6 The PIA Policy4 (last amended 11 January 2017) has been considered whilst preparing this submission and all documentation relating to this application has been submitted in accordance with Section 685 of the Act. 1.7 Mr Arthur Naoum is the Director of Parkview Enterprises Pty Ltd, and has significant experience in the retail liquor market in Western Australia over a period of some 30 years. Mr Naoum has successfully owned and operated liquor stores in the Perth metropolitan area including: Cottesloe Cellars, Cellarbrations at Duncraig, Cellarbrations Morley, Yokine Cellars, and Hillary’s Cellars. 1 http://www.austlii.edu.au/au/legis/wa/consol_act/lca1988197/s47.html 2 http://www.austlii.edu.au/au/legis/wa/consol_act/lca1988197/s5.html 3 http://classic.austlii.edu.au/au/legis/wa/consol_act/lca1988197/s38.html 4 http://www.rgl.wa.gov.au/docs/default-source/rgl/publicinterestassessment.pdf?sfvrsn=8 5 http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/lca1988197/s68.html 3 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Parkview Enterprises Pty Ltd 1.8 The primary consideration of the Applicant is to provide well-managed and controlled premises offering a contemporary range of products, by an independent operator who can cater to the requirements of consumers in the locality. 1.9 Harm Minimisation Strategies have been discussed in detail within this report, (Refer Point 7 - Section 38(4) Harm or Ill -health). Further as a crime prevention consideration, the premises will incorporate substantial CCTV both internally and externally covering all the entry and exit points in accordance with the Director of Liquor Licensing’s Policy on Security at Licensed Premises. 1.10 The experienced Applicant has genuinely considered the potential for undue harm and ill-health that may be caused by the use of alcohol, and will put into place a Harm Minimisation Plan (Attachment 1) to minimise any adverse effects to the locality, should this application be approved. 1.11 Along with the Harm Minimisation Plan and the public interest merits of this application, (subject to approval) the proposed liquor store will; Provide a safe, local, convenient packaged liquor amenity to complement and create a convenient and independent option at the Retail Shopping Precinct at 957 Wanneroo Road as expected at a Neighbourhood Centre in the locality by consumers across the state. Operate a liquor store (approx. 263m2) to offer a selection of products to cater to consumers in the locality and appropriate for inclusion in the diverse amenity available. Provide the option of low-alcohol liquor products (beer, wine and cider) to promote the responsible consumption of liquor. Offer wine tastings and product knowledge and information. Provide a retail environment that supports local WA and Australia Producers of liquor, particularly smaller producers that are not stocked by the large retail chains that dominate the packaged liquor market in Australia and WA. Offer personalised service through product order forms, so that customers can request products not easily available to them. Provide a contemporary standard of packaged liquor amenity by an independent operator. Implement and enforce a strict Harm Minimisation Plan in the interest of the public and to minimise any undue harm due to the misuse of liquor. Aid in the proper development of the liquor industry and have a positive economic impact with the creation of new jobs, increased amenity and superior convenience for local residents and businesses. 1.12 The conditional grant of the Liquor Store Licence for Wanneroo Cellars will cater to the packaged liquor requirements of the residents and visitors to the Wanneroo locality, that wish to patronise an independent Liquor Store. The premises has Planning Approval for the Liquor Store use, issued by local council. 1.13 The proposed Liquor Store will provide an option for consumers travelling north on Wanneroo Road, and for those seeking an alternative to the large, national retail chains that currently dominate the packaged liquor market in the Wanneroo locality. 1.14 The proposed liquor store offer will add to the diversity in the Shopping Precinct that contains a range of commercial and retail amenity to local consumers and those resorting to the locality including (but not limited to): Shining India, Subway, W Noodle and Sushi Restaurant, Wanneroo Super Deli and Lunch Bar, The Cheesecake Shop, 4 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Parkview Enterprises Pty Ltd Party Mix Wanneroo, Nando’s, and Jetts Fitness. 1.15 The application is supported by the Consumer Survey results (Attachment 2), undertaken personally by Mr Naoum, who door knocked homes located in close proximity to the proposed Wanneroo Cellars and had the survey completed by local residents who are most likely to be impacted, and those resorting to the Retail Shopping Precinct at 957 Wanneroo Road. 1.16 To demonstrate a consumer requirement for the proposed liquor store, 256 Consumer Surveys were completed by members of the local community with 94.53% supporting the application in the public interest (Attachment 2). The word cloud generated by the consumer survey comments identified the following requirements of local consumers: 1.17 In addition to the Consumer Survey and Letters of Support, the Applicant has also reviewed the City of Wanneroo – Wanneroo Activity Centre Strategy6, with particular attention to Appendix 4 – Economic, Retail and Employment Strategy (Attachment 4) which states: “The Economic, Retail and Employment Strategy (ERE strategy) provides background economic analysis for consideration in the development of the Wanneroo Town Centre Planning Framework (the Framework). The Framework will establish a desired future state for the Wanneroo Town Centre (the Centre) that will guide long- term development for both residential and non-residential1 uses. Improved place activation The Centre was assessed using the ‘six principles of economic place activation’3. There are opportunities to increase economic activation of the Centre by creating an interspersed network of origins and destinations within the Centre, and increasing the permeability of the Centre to the surrounding residential areas (i.e. increasing walkability). This will encourage visitors to experience other attractive offerings within the Centre and can be further encouraged by introducing an additional anchor tenant(s) in the north of the Centre, ideally with a unique offering that will increase diversity and active use hours within the Centre. The Centre will inevitably mature as the surrounding population grows, presenting both new development and redevelopment opportunities.
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