Public Interest Assessment Submission

Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd

Section 38 - Public Interest Assessment Submission

Application for the Conditional Grant of a Nightclub Licence

Premises: Club Paradiso Address: 160 James Street, Northbridge WA 6003 Applicant: Deva Paradiso Pty Ltd

Prepared by:

2/48 Kishorn Road Applecross, WA 6153 Ph 08 9316 8699 Fax 08 9316 9699 [email protected] www.hospitalitytotalservices.com.au

These PIA submissions 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

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1. Introduction ...... 4

2. Legislative Framework – Liquor Control Act 1988 ...... 9

3. The Applicant ...... 16

4 Venue and Operation ...... 25

5 Location and Locality ...... 42

6 Public Interest ...... 66

7 Research Section 38(4)(a) of the Act – Harm or Ill-health ...... 94

8 Applied Research Section 38(4)(a) of the Act – Harm or Ill- health ...... 98

9 Community Consultation ...... 111

10 Section 38(4)(b) of the Act – impact on amenity ...... 112

11 Section 38(4) (c) of the Act – offence, annoyance, disturbance or inconvenience ...... 127

12. Section 38(4) (c) of the Act – Tourism, or Community or Cultural matters ... 133

13. Summary ...... 147

14. Advertising ...... 149

15. Attachments ...... 151

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1. Introduction 1.1. Deva Paradiso Pty Ltd (the Applicant) is seeking approval from the Director of Liquor Licensing for the conditional grant of a Nightclub Licence, as per Section 42 of the Liquor Control Act 1988 (the Act) with respect to the proposed Club Paradiso, to be located at 160 James Street, Northbridge WA 6003.

1.2. This Public Interest Assessment (PIA) submission has been prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd.

1.3. Section 42 of the Act states: LIQUOR CONTROL ACT 1988 - SECT 41 42 . Nightclub licence, effect and conditions of (1) Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary to continuous entertainment provided live by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the licensee to do so.

(2) For the purpose of determining whether or not entertainment is continuous, no account shall be taken of reasonable intervals between acts, or between the performances of artists, so long as substantial compliance with the requirement for continuity is observed.

(3) Every nightclub licence is subject to the condition that liquor shall not be permitted to be consumed on the licensed premises except at a time when live entertainment is being provided there and liquor may be lawfully sold under the licence, unless an extended trading permit applies.

1.4. Section 38(4) (a, b, c & ca) are addressed in these PIA submissions, and due consideration has also been given to both the primary and secondary objects of Section 5 of the Act.

1.5. All documentation and administrative requirements have been submitted as per Section 68 of the Act.

1.6. The Applicant submits that the Director consider the information contained within these PIA submissions (with Attachments) with respect to Section 33 of the Act that states:

LIQUOR CONTROL ACT 1988 - SECT 33 33 . Powers of licensing authority when deciding applications (1) Subject to this Act, the licensing authority has an absolute discretion to grant or refuse an application under this Act on any ground, or for any reason, that the licensing authority considers in the public interest. (2) An application — (a) may be refused, even if the Applicant meets all the requirements of this Act;

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or (b) may be granted, even if a valid ground of objection is made out, but is required to be dealt with on its merits, after such inquiry as the licensing authority thinks fit.

1.7. Mr. Mario Madaffari is an experienced and successful Licensee in Western Australia and the Northern Territory. His hospitality industry skills have been developed over a period of over 25 years and the valuable experience has rightly earned him (and the premises he operates) a reputation as safe and reputable venues in the hospitality, tourism and liquor industries (Attachment 3).

1.8. In addition to being located in Perth’s premier entertainment precinct, the Applicant is an experienced Licensee and late-night venue operator, and the creator of the NightKey2.0®1 Venue Management system, a system that uses suitable and acceptable photo ID, together with biometric fingerprint scanning and high-quality CCTV to easily identify patrons that either in the venues or seeking to gain access to the venue.

1.9. This attention to the mitigation of potential, undue harm will be a hallmark of the proposed premises. As this is the first time the Applicant has designed their own venue, they are able to design the security system and supporting operational processes from the ground up, and construct the venue to provide a high quality, live music experience while being easily monitored by staff on the ground at the premises, and staff working in the Security Room

1.10. The premises name ‘Club Paradiso’ is indicative of the previous use of the premises as Cinema Paradiso, and also reflects the Italian heritage of the Director of the Applicant Company, Mr. Mario Madaffari. The premises operated under an SFL (Theatre) License and part of the premises previously operated under a Nightclub Licence Rockwells).

1.11. Club Paradiso (subject to approval) will be a mid-sized late night live music venue that appeals to a range of consumers who are not catered to by the existing late night music premises in the Perth CBD (Refer Consumer Questionnaires and Letters of Support).

1.12. The live music industry is recognised by the licensing authority in Western Australia; “In 2005, the Department of Racing Gaming and Liquor undertook a review of the Liquor Control Act 1988. As part of the review, the State Government recognised live music as a vital part of developing a vibrant nightlife in our cities and towns and that live music performance played a major role in developing the State’s reputation as a world-class tourist destination. To contribute to the development of the live music industry in Western Australia, the Liquor Licensing Act was amended to include the live music industry as one of the industries supported by the objects of the Act.” (Attachment 1 – Perth Live Music Venue Review).

1 https://www.nightkey.com.au/

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1.13. The Applicant has engaged the services of experienced hospitality and design consultants to create premises that can operate as multi-use venue, with all areas having the option to operate as standalone performance spaces if and when required.

1.14. As a truly versatile, multi-use premises, the proposed Club Paradiso will include (but not be limited to) the following amenity: • Ground Floor Bar and alfresco area. • Lounge Bar with seating and option to purchase food. • Theatre Chamber for new and emerging artists, up and coming national and international performers. • Main Concert Chamber for popular local, national and international artists. Ability to operate over three levels. • Production Studio with own lounge area and toilet amenity. • All areas have own toilet amenity. • NightKey2.0® Patron Management system, ID and biometric scanning. • High quality CCTV to operate in conjunction with NightKey2.0®. • First Aid Room, staffed by registered nurse during peak periods. • Refreshment Centre for public officers, Nyoongar Outreach officers and Street Chaplains.

1.15. As can be seen by review of the above, the premises will be predominantly an entertainment venue, and a detailed overview of the manner of trade and various spaces within the venue are provided at section 4 of these PIA submissions.

1.16. The Applicant and their representative engaged with Senior members of the licensing authority, the local MLA and also reached out the WA Police LEU, and the Chief Health Officers’ office.

1.17. The Northbridge Entertainment Precinct is also recognized by the City of Perth as an exclusive area that requires its own designation, and is currently undertaking consultation to create the Northbridge Specialised Entertainment Precinct: “The City of Perth is first to do this by looking to establish Northbridge as Western Australia’s first special entertainment precinct through a local planning scheme amendment. The local community will have an opportunity to provide input on the City’s proposed precinct.”2

1.18. The proposed Club Paradiso will also attract more successful musicians, bands and DJ’s to Perth, with the option of a venue that can cater to the number of followers and fans they have, that is not currently available in Perth.

1.19. In recent years, two licensed providers of the Perth late night, live music scene closed their doors; The Bakery and Deville’s Pad. This followed the cessation of live music at Ya Ya’s (Northbridge) in October 2014 and leaving fewer live music venues in the Perth

2 https://www.dplh.wa.gov.au/getmedia/d864de6a-06b2-4d4f-b7e4-36fa135d8a7a/FS-Fact-Sheet-Entertainment- Noise_October

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metropolitan area (Refer Letters of Support).

1.20. Badlands Bar now operates where Deville’s Pad once did, and The Sewing Room on Murray Street provides a quality late-night amenity in Perth, however there has been no development to replace The Bakery or Ya-Ya’s in Northbridge.

1.21. In Fremantle, the long-standing Fly By Night Club has now closed as has Kulcha, upstairs from Dome on the cappuccino strip. These venues were once bastions of live music in Perth’s southern city, and have again been replaced by only a single venue (Freo Social).

1.22. While there have been a few new premises open up that support live music, there are none that provide the type of patron experience, and ability to cater to larger groups that will be available at the proposed Club Paradiso.

1.23. Perth City Link is now a thriving area that contains its own amenity including (but not limited to): • Yagan Square, • Kings Square, and • RAC Arena.

1.24. Club Paradiso (subject to approval) will be located in the Northbridge Entertainment Precinct in close proximity to the new Perth City Link, an exciting collaboration of state, federal and local government agencies combining to provide a new urban regeneration project, join the Perth CBD and Northbridge for the first time in 100 years and create additional opportunities to work, live and socialise in the city.

1.25. The conditional grant of the Nightclub Licence will add diversity to the other licence types like taverns, restaurants and small bars approved across the Perth CBD and Northbridge Entertainment Precinct.

Figure 1: Perth City Link (Source: www.perthcitylink.wa.cov.au)

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1.26. The Perth City Link redevelopment is complemented by the upcoming completion of Elizabeth Quay in the Perth CBD and that includes new hotels, residential apartments, office spaces, retails outlets and a range of food and beverage facilities.

1.26 As per the Director’s Policy on Public Interest Assessments (PIA’s), the Applicant is required to demonstrate that there is a consumer requirement for the proposed premises, and that the application is in the public interest.

1.27 To satisfy this requirement, the Applicant has provided cogent, objective evidence to support the application in the public interest in the form of a Community Consultation with stakeholders, 819 Consumer Questionnaires (Attachment 2) and numerous targeted, high profile letters of support (Attachment 3).

1.28 Further to the above, a comprehensive Consumer Questionnaires was conducted for the purpose of further testing the consumer requirement for Club Paradiso and to demonstrate that the application is in the public interest (Attachment 1). The Consumer Questionnaires results are tabled in more detail, in Point 6 of these PIA submissions.

1.29 Eminent persons involved in the liquor, tourism and hospitality industries have provided written support for the application including important industry stakeholders, organisations representing tourism and hospitality peak bodies.

1.30 The Applicant has designed Club Paradiso to be a flexible and diverse venue with a range of small, medium and large performance spaces to accommodate a variety of performers including providing a space for international and interstate artists who currently have limited options when seeking to cater to audiences between 500 – 800.

1.31 The primary consideration of the Applicant is to provide a well-managed safe and welcoming licensed, live music premises that minimises and mitigates the potential for undue harm or ill-heath to the surrounding locality or to the patrons resorting to the locality with the sale of alcohol ancillary to the provision of live entertainment.

1.32 A robust, comprehensive and site-specific Harm Minimisation Plan (Attachment 4) including; • Code of Conduct, • House Management Policy, • Management Plan, • Staff Induction (commercial in confidence), • Patron Management Plan, • Crowd Controller Communication Procedure, • Complaint Resolution Procedure, and • Staff RSA Handbook. have all been developed to minimise and mitigate the potential, undue negative impacts of Club Paradiso, and additional harm minimisation strategies suggested by relevant authorities have been discussed in detail in these submissions, (Refer Points Section 38(4)

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Harm or Ill -health).

1.33 As a security and crime prevention consideration, Club Paradiso will incorporate substantial CCTV covering all the entry and exit points in accordance with the Director of Liquor Licensing’s Policy on Safety and Security at Licensed Premises3, and employ licensed Crowd Controllers during peak periods and during their late-night trading hours in the public interest.

1.34 The Applicant will also install the NightKey2.0® Patron Management system at the premises, to further assist the Crowd Controllers to identify patrons, detect fraudulent ID, detect ID that has been previously used by another patron, and identify patrons who have been previously banned from the licensed premises.

1.35 During busy periods, dedicated Approved Managers will monitor the Theatre Hall and Concert Chamber.

1.36 The Applicant has considered the Design out Crime Planning Guidelines4 during the design phase of the premises, and the designer has also considered Crime Prevention Through Environmental Design (CPTED) and DDA requirements in all of the spaces to be activated within the premises.

1.37 The refurbished premises will include state-of-the-art acoustic treatments to minimise and mitigate any potential noise impact on neighbouring businesses or residents near the premises. There will no loud noise emissions as a result of the careful design of the premises, selection and placement of speakers

1.38 In addition, Club Paradiso will include a world class PA and sound system to ensure that the quality of music within the premises is of a high standard, well directed and that consumers can enjoy the music without having to raise their voices to be heard.

1.39 The Applicant submits, with respect, that based on this Public Interest Assessment and supporting, factual evidence, the relevant experience of the Applicant and the fact that this application is for a licensed premises which will specifically “facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State;” as per Section 5(2)(a); that this application be conditionally granted in the public interest.

2. Legislative Framework – Liquor Control Act 1988 2.1 The application is in respect to a Nightclub Licence as per Section 42 of the Liquor Control Act 1988;

3 https://www.dlgsc.wa.gov.au/department/publications/publication/safety-and-security-at-licensed-premises-policy 4 https://www.dplh.wa.gov.au/getmedia/87627346-3ade-4e6a-99f0-31365a215f3c/GD_designing_out_crime

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LIQUOR CONTROL ACT 1988 - SECT 42 42 . Nightclub licence, effect and conditions of (1) Subject to this Act the Licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary to continuous entertainment provided live by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the Licensee to do so.

2.2 The Applicant respectfully submits that these extensive PIA submissions satisfies the requirements as defined in Section 38(4)(a)(b)(c) and (ca) (Refer Points 7 – 12) whilst meeting the primary and secondary objects outlined in Section 5 of the Liquor Control Act as demonstrated below:

2.3 The primary objects as set out in Section 5 (1) of the Act are: a) To regulate the sale, supply and consumption of liquor; • The Applicant has developed a detailed, stringent and site-specific Harm Minimisation Plan attached (Attachment 4). • The Applicant is an experienced Licensee operator and understands the need to ensure the safety and health of patrons, staff and those residing or working in the locality. • The Applicant will adopt responsible practices in the sale and supply of alcohol which will be upheld at all times the premises is trading (Attachment 4). • Adherence to RSA policies and initiatives will be a core responsibility of employment. • All staff working at Club Paradiso will hold a current RSA qualification, with a copy kept on the premises at all times and will be recorded in a training register as per the Director’s policy on Mandatory Training5. • All Duty Managers/Supervisors will hold the higher qualification Manage Licensed Premises (MLP1) and support the staff in their daily duties. • The Applicant will also regulate the patrons accessing the venue with the NightKey2.0® Patron Management and ID system6. • High quality CCTV will be employed within the premises (including entrances, exits and

5 https://www.dlgsc.wa.gov.au/department/publications/publication/mandatory-training-and-training-register-policy 6 https://www.nightkey.com.au/

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delivery areas) and will be networked with the NightKey2.0® software so as to be able to identify patrons if and as required. • As stated earlier, the Applicant has engaged the services of a highly skilled hospitality professional with significant experience in managing licensed venues. • The provision of live entertainment will always be the primary focus of the premises. b) To minimise harm or ill-health caused to people, or any group of people, due to the use of liquor; • The Applicant is an experienced licensed operator for over 25 years. Combined with the robust Harm Minimisation Plan (Attachment 4) that will be implemented during all hours of operation, this relevant experience will minimise any potential undue harm or ill- health to patrons and the locality as a result of this application being conditionally granted in the public interest. • As an experienced Licensee, the Applicant will also provide staff with comprehensive in- house training, to be focused on customer service, product knowledge and harm minimisation, including the prevention of undue intoxication and anti-social behaviour. • A select range of bar food items and snacks will be available to purchase at the lounge bar, an important harm minimisation initiative that will have a mitigating impact on potential intoxication. • Low and non-alcoholic beverages will be available and promoted at the premises. • Non-alcoholic beverages and potable free tap water will also available at all times. • The separate spaces and toilets on every level is another harm minimisation strategy that will be implemented (subject to approval), ensuring that patrons are spread out across the venue. • The various areas may have different closing times, depending on the performances being provided and other entertainment at the premises. This will support the slower exit by patrons, and make finding rideshare services easier and more efficient. • Security staff will also monitor and patrol the Mountain Terrace laneway during operation and after the premises closes, to remind patrons of local residents living nearby, and be mindful of the noise levels. c) To cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. • The proposed licensed venue will permit the Applicant to satisfy the needs and expectations of the tourism visitors, local residents, and others resorting to the Perth CBD, as supported by the 819 Consumer Questionnaires (Attachment 2). • The licensed live entertainment premises will provide a contemporary amenity for local residents, tourism visitors and other patrons who will resort to this new premises. • By virtue of the size and design of the premises, Club Paradiso will attract a more diverse range of artists to perform than are currently coming into Perth (Refer Letters of Support). This is due to the capacity of the premises main Concert Chamber that can hold up to 800 patrons at any one time. • The ability to attract more popular national and international performers will aid in the

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development of the tourism and hospitality industry. This is supported by a number of written communications from a range of industry experts and stakeholders (Attachment 3). • After careful deliberation and industry consultation, the Applicant submits that Club Paradiso, operating under a Nightclub Licence by experienced owner/operators will fil a void for a new live music venue in the Northbridge Entertainment Precinct that can attract well-known local, National and international artists, as well as provide a venue that supports up-and-coming bands, musicians and performers a platform to gain exposure to a live audience in the Perth market.

2.4 The secondary objects as set out in Section 5 (1) of the Act are: a) To facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and • The Club Paradiso application relates directly to this object of the Act, and if approved, will actively “facilitate the use and development of licensed facilities, including their use and development for the performance of live original music…”. • Club Paradiso will revitalise an existing building at 160 James Street Northbridge with the premises being developed for the primary purpose of becoming a contemporary, licensed, live music venue in the public interest. • Subject to approval, Deva Paradiso Pty Ltd will have the opportunity to provide patrons with a safe, well-managed licensed premises in which to enjoy a diverse range of live music performances from well-known entertainers, DJ’s, musicians and bands to up and coming local musicians. • Club Paradiso will cater to patrons who wish to attend a mid-sized, licensed, live music premises in the Perth CBD which are now significantly reduced due to the closure of The Bakery and Deville’s Pad, and the cessation of live music performances at Ya Ya’s. • Club Paradiso will engage artists who appeal to a broad range of musical tastes in keeping with the Liquor Control Act’s stated objective of “reflecting the diversity of the requirements of consumers in the State”. • The venue will encourage musical diversity. It will welcome all styles of musical performance from pop, rap and rock bands through to jazz, gospel, blues, country and folk music. In addition, ‘world music’ will also feature at the premises; from reggae in Jamaica, to afro-beat percussion and everything in between. • Electronic Dance Music (EDM) is one of the fastest growing genres in the world of popular music, and will also be a significant focus of the proposed venue. • Importantly it will also cater for non-traditional types of music such as culturally diverse, spoken word, a cappella and other forms of contemporary electronica. • Club Paradiso will have a designated DJ area for this increasingly popular style of live electronic dance music. • “In 2005, the Department of Racing Gaming and Liquor undertook a review of the Liquor Control Act 1988. As part of the review, the State Government recognised live

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music as a vital part of developing a vibrant nightlife in our cities and towns and that live music performance played a major role in developing the State’s reputation as a world-class tourist destination. To contribute to the development of the live music industry in Western Australia, the Liquor Licensing Act was amended to include the live music industry as one of the industries supported by the objects of the Act.” (Attachment 1). • Conditionally granting a Nightclub Licence to Club Paradiso will also meet one of the ‘strategic initiatives’ outlined in the Department of Culture and Arts (DCA) Strategic Plan 2015 – 2017 (Attachment 5 – DCA Strategic Plan). Objective 3 of the DCA Strategic Plan states; ‘Promote a diverse, vibrant and sustainable cultural sector’ with one of the Strategic Initiatives being; ‘Develop policy to increase philanthropic and private sector support of the arts in WA.’. • The Applicant wishes to support live performance in WA through the creation of Club Paradiso and submits that the venue (subject to approval) will assist the DCA (due to the closure of the State Government funded premises The Bakery in Northbridge and the Fly by Night Club in Fremantle) by operating a new, mid-sized live music performance premises in the Perth CBD. • The industry and consumer requirement for a new live music premises in the Perth CBD has been overwhelmingly demonstrated by the 819 Consumer Questionnaires and targeted, high profile letters of support submitted with this application. • There are significant economic and social benefits to the local economy by the live music industry as is demonstrated in these PIA submissions and the Letters of Support. b) To provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; • As a licensed premises there will be a robust, site specific Harm Minimisation Plan which, when combined with experienced management and appropriately trained staff, will ensure that the sale, supply and consumption of alcohol at the proposed Club Paradiso is done so in a safe and responsible manner (Attachment 4). • All Staff who are involved in the sale and supply of liquor will be required to have a current RSA qualification, and Deva Paradiso Pty Ltd will hold periodic ‘refresher’ training to remind staff of their responsibilities under the WA legislation. • The Applicant has designed a comprehensive Staff Induction Manual that will be given to all employees upon the commencement of their employment. This document contains information that is commercial in confidence, however it can be made available to the Director of Liquor Licensing for review so they can understand the detailed nature of the document. • Staff will be monitored and supervised at all times by Approved Manager(s) at the premises, who will hold the higher Manage Licensed Premises (MLP1) qualification. • There will be additional Approved Managers employed at the premises when all spaces are open and operating. • CCTV will be monitored in real time via the Security Room, to ensure that the entire venue is monitored and managed at all times. • The Applicant will employ Crowd Controllers in accordance with the Director’s Policy on

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‘Safety and Security at Licensed Premises’.

c) To provide a flexible system with as little formality or technicality as may be practicable, for the administration of this Act. • The Nightclub Licence is the only Licence type that permits the proposed manner of trade at the proposed Club Paradiso as it will permit patrons to enjoy a live musical performance while they enjoy an alcoholic or non-alcoholic beverage at Club Paradiso (Refer Consumer Questionnaires and Letters of Support).

2.5 Positive Social and Economic Impacts The Applicant notes the positive social and economic impacts of the proposed premises Club Paradiso, should this application be conditionally granted in the public interest: • The premises to be occupied by Club Paradiso is an existing premises on James Street in the Northbridge Entertainment Precinct and will activate a currently unused premises. • Will provide a specialty late night, live music amenity with a range of diverse entertainment to those resorting to the locality for live entertainment. • Will support local artists by providing a mid-sized premises for live musical performance, • Will cater to range of musical tastes by appealing to a wide variety of performers. • Will fill a void in venues that provide a live music space due to the recent closure of The Bakery and Deville’s Pad in the locality. • Will be located in the Perth CBD, an area that is a destination for entertainment activity in the greater Perth locality. • Will activate the area after normal office hours, providing passive surveillance, activation and deterring anti-social behaviour. • Will provide a licensed late night, live music premises in very close proximity for those attending performances at any one of the following entertainment venues including (but not limited to): o RAC Arena o His Majesty’s Theatre o Perth Cultural Centre o State Theatre Centre o The State Library of Western Australia o Western Australian Museum o The Art Gallery of Western Australia o Perth Institute of Contemporary Arts (PICA) • The grant of the application will satisfy the consumer requirement for a live music premises as evidenced by the 819 Consumer Questionnaires demonstrating the growing number of residents, businesses and those in the music industry who have all identified the need for such a mid-sized premises purpose built for live music and performance, • Has the support of elected persons. • Has the strong support of prominent members of the live music industry and musicians

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in Perth, WA and Australia. • Is strongly supported by a range of artist managers that represent well-known local, national and international performers. • Has the support of numerous local businesses in the Northbridge Entertainment Precinct and residents from all over the greater Perth area who support the concept and the live music industry. • Will provide additional employment and training opportunities (up to 20-30 full time, part time and casual positions). • Assist in creating a more robust night time economy in the City of Perth with all the benefits outlined in a number of reports referenced in these PIA submissions. • Will aid in the ongoing development of the tourism, liquor and hospitality industries in the state as outlined in section 5(1)(c) of the Act. • Approval of the application will facilitate the development of licensed venues that support the performance of live original music as outlined in Section 5(2)(a) of the Act. • Will support WA producers of music by providing them a venue that can be used for live musical performances as outlined in a number of letters of support from music industry experts. • Will support a range of industries that are involved in the provision of live music including: sound production, lighting. All of these attributes have been validated throughout these PIA submissions and the attachments.

2.6 Potential Negative Impacts The Applicant notes that any liquor Licence has the potential to have a negative impact on a locality due to the use of liquor, however this does not preclude the application being approved in the public interest as outlined: “The licensing authority should, when determining whether the grant of an application is in the public interest (refer s 38(4)), consider both the positive and negative social, economic and health impacts that the grant of the application will have on the community (refer s 19 of the Interpretation Act 1994 and Parliamentary Debates, WA Parliament, Vol 409, p 6342). In this regard, advancing the objects of the Act as set out in s 5, is a mandatory public interest consideration (refer Palace Securities supra).”7

2.7 The Applicant notes that the following potential, negative impacts: • The premises will operate under a high-risk liquor licence and will potentially operate up until 5.00am Tuesday to Sunday mornings. • Any new licensed premises has the potential to result in an increase in undue harm or ill- health in a locality, however this needs to be weighed and balanced with the positive social and economic impacts of the application, the harm minimisation strategies to be implemented by the Applicant, the manner of trade and target market of the proposed premises.

7Source: Decision Number A000057311

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2.8 The Applicant is aware of the potential for Club Paradiso to have a negative effect on the locality, and has put in place a number of stringent harm minimisation initiatives to mitigate this potential in the interest of patrons, staff, performers, local residents and the public. These have been detailed throughout these PIA submissions.

3. The Applicant 3.1 Mr. Mario Madaffari, the Director of Deva Paradiso Pty Ltd, will oversee the day to day running of the proposed premises and has been committed throughout the DA and Liquor Licence process to ensure that: • The proposed Nightclub Licence is in the public interest as is supported by the 819 Consumer Questionnaires that demonstrate a consumer requirement for the proposed premises. (Attachment 2). • The Applicant has engaged in consultation with relevant stakeholders including (but not limited to) the City of Perth, WA Police Liquor Enforcement Unit, WA Mental Health Commission and the Department of Local Government, Sport and Cultural Industries to outline their proposal and take into consideration any feedback the aforementioned authorities may have. • In addition, the Applicant has also engaged with and listened to local musicians and representative bodies who have outlined their requirements for a new live music space within the Northbridge Entertainment Precinct (Attachment 3). • The premises will encourage and support local up and coming musicians, DJ’s and bands that have difficulty finding an accessible live performance space in Perth. • Serious consideration has been applied to the factors that have the potential to cause potential, undue harm and ill health that may impact the locality as a result of this application being conditionally granted in the public interest, and to minimise and mitigate (where possible) those factors operating the Nightclub Licence (subject to approval) as per Section 42 of the Act.

3.2 Mr. Madaffari is an experienced and successful Licensee in Western Australia and the Northern Territory. His hospitality industry skills have been developed over a period of over 25 years and the valuable experience has rightly earned him (and the premises he operates) a reputation as safe and reputable venues in the hospitality, tourism and liquor industries (Attachment 3).

3.3 Mr. Madaffari believes that a well-managed venue is a safe and successful venue, and notes that this is evidenced by the success of the previous businesses he has taken over that have either been underperforming, in administration, or subject to disciplinary action by a local authority or regulator.

3.4 While many Nightclub owner/Licensees are not hands on operators, the Applicant in this case is a hand on owner/operator and is often on site during the early hours of the morning, monitoring the venues and mentoring staff.

Metropolis Fremantle

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3.5 Mr. Madaffari purchased Metropolis Fremantle in 2000 and operated the premises until it was sold in 2008.

3.6 During his time as the Licensee of Metropolis Fremantle, Mr. Madaffari ensured that live music was a focus of the premises and supported a number of smaller bands and musicians who were just starting their career and assisted them to reach their full potential in the live music industry.

3.7 During his time as the Licensee for Metropolis Fremantle, Mr. Madaffari developed the NightKey2.0®, Biometric ID Scanning System with Mr. David Lawrence (former lawyer) in an effort to identify any patrons who was engaging in anti-social behaviour inside the venue.

3.8 The NightKey2.0® system was a resounding success and was crucial in identifying fake ID’s, ID’s that had been used by more than one person and ID’s that were lost or stolen. It also allowed those identified as troublemakers, or witnesses to any incident to be identified and contacted more easily by the venue and WA Police or other relevant authorities.

Discovery Nightclub Darwin, NT 3.9 Mr. Madaffari purchased the Darwin business after they had been engaging in some decidedly unsavoury practices and been subject to disciplinary action by NT Police and the NT licensing authority.

3.10 Subject to transferring the premises and undertaking significant staff recruitment, retraining and new employment contracts being signed, Mr. Madaffari reopened Discovery Nightclub in 2012, which then went on to become Darwin’s premiere late-night venue, and is renown for being safely operated and well-managed.

3.11 An example of Mr. Madaffari’s experience being considered during matters related to liquor licensing, please find attached a letter from the Director of Liquor Licensing in the Northern Territory (Mr. Phillip Timney) that states: “Thank you for your time yesterday to meet with Doug Bell and myself to discuss a proposal to reduce the crowd controller requirements for the Lost Arc area at the Discovery premises during the quieter days of the week. After giving the matter careful consideration, I have agreed to your request of allowing a six-month trial, commencing on Monday 24 February 2020, of having only one security officer on duty at the Lost Arc for Monday, Tuesday and Wednesday nights.

Considerations in agreeing to reduce the number of crowd controllers include the excellent compliance record of the licensee since taking over the operation of the premises some years ago as well as the fact that patron screening at the premises incorporates the use of the Biometric ID Scanning System. That System is considerably more sophisticated than other ID systems used in licensed premises in the Darwin CBD.” (Attachment 3a)

3.12 As can be seen in the excerpt above, Discovery Nightclub in Darwin was provided with a dispensation in relation to their Crowd Controller requirement, due to the Licensees

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“excellent compliance record” and “patron screening at the premises incorporates the use of the Biometric ID Scanning System”. The Applicant submits that the trial was successful, and the reduced security requirement was permanently implemented on the liquor licence.

Paramount Nightclub Perth 3.13 The Director of the Applicant Company also owns and operates the Paramount Nightclub at 163 James Street in Northbridge. The Paramount premises was leased in 2018, after a comprehensive refurbishment was undertaken in 2016 by then owners Graham Hardie and Bill Oddy.

3.14 The $2 million makeover the Paramount had in 2016 created two new divisions that had their own separate themes. The first was Leopard Lady which is made up of fake fur and private booths. It sits on the ground floor with a new stage area and leopard themed artwork all over the walls. On the upper level you will find Senor Peppers which is a Mexican themed bar, littered with colourful murals, lanterns and cactuses. This was not

3.15 When Mr Madaffari leased Paramount Nightclub in 2018, he immediately made some changes to the operation of the premises including (But not limited to): • Introduced NightKey2.0® ID Scanning, • Increased all staff levels including Bar Staff and Crowd Controllers, • Implemented an intensive training program to ensure all employees understood their rights and responsibilities of working under the new Management/Ownership Structure, • Introduced a comprehensive Induction Manual for all staff so as to ensure that new management’s expectations relating to conduct while at work, behaviour, legislation and more was all understood, and to provide written reference material for staff to refer back to as required, and • Installed a trusted and experienced new Venue Manager to manage the day to day operation of the premises.

3.16 Mr. Madaffari submits that the new operational management style at Paramount has been an overwhelming success and has heralded a new era of safety and patron responsibility at the premises, via the use of NightKey2.0® and robust management practices and operational procedures.

3.17 All relevant staff, management, training and procedural standards and systems will be designed and regularly reviewed to maintain best practice within Club Paradiso, with management undergoing annual, stringent performance reviews as well as all staff having regular performance evaluations and refresher training in all aspects of the operation of the premises including (but not limited to); RSA, product knowledge and service delivery, should this application be conditionally granted in the public interest.

NightKey2.0® ID Scanning and Biometric Patron Management System

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3.18 Mario Madaffari was one half of the partnership that designed the NightKey2.0® Patron Management system. Please find below an overview of NightKey2.0® and a step-by-step guide to how NightKey2.0® will benefit the proposed Club Paradiso:

Figure 2: Outline of the NightKey2.0® Biometric ID Scanning System

Part 1: Terminals NightKey2.0® terminals are portable, robust, and easy to use self-contained units used in the entry process at a venue. Step one: Once an ID has been checked by an authorised member of staff, it is placed on the ID scanner of the terminal for processing. The scan uses optical character recognition (OCR) to read the details on the patron's ID automatically and the content is stored in the venue's database.

Step two: The right index finger of the patron is placed on the biometric reader which collects a scan of the patrons fingerprint and then converts it into a numerical number called a FingerPIN®. The

19 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd fingerprint is automatically deleted once this FingerPIN® has been created. The FingerPIN® is unique to the patron and linked to the ID that has just been scanned.

Step three: A live shot of the patron is taken using a full colour camera which is also part of the terminal. This photo is stored and linked to the ID completing the enrolment process. This photo is perfect when a search is required because it shows exactly how the person looked at entry.

Step four: All the details collected during enrolment are automatically sent to a co-location server using a high speed secure link. This ensures that the copy of the patron ID scanned is not stored on the terminals or at the venue.

Part 2: Manager Software A password protected software program called NightKey2.0® Manager is available to the owner/manager of the venue, and used to manage the access of patrons. With every log into the software an event code is created and stored off site along with all the patron details to ensure at all times there is a record of who is looking at the system. A powerful tool used to see all patrons that are on the system as it happens.

A venue manager can quickly identify patrons by name or live shot taken at time of entry. The manager can see the time each patron entered, and if they're new or a regular. As a result an endless series of actions can be added to a particular patron, such as rewarding a good regular patron or banning a problem one from gaining further access to the venue.

It is simple for venue owners and managers to convey to door staff the exact instructions or action you want in reference to a particular person. The future access of a particular patron is now determined by the owner/manager of the venue and not staff. They simply have to follow instructions indicated to them via the terminal when a patron places his finger on the biometric reader. When someone receives the green screen at the terminal they are allowed to enter. Should a red screen appear, entry is to be denied, making individuals accountable for their previous actions at the venue

Part 3: Data Storage and Management The NightKey2.0® services include not only the supply of the terminals required, but also the secure storage of the data collected from the terminals. In addition NightKey2.0® Manager software is also included to access the data at the venue by way of a secure high speed internet connection.

An important part of the service involves the weekly report to the venue. The report covers such topics as the demographic breakup of the patrons by age, gender, and suburb. This report gives the owner/manager the ability to understand and analyse their business in great detail.

Part 4: The Effects NightKey2.0® has proven to be a cost effective and powerful tool in discouraging and limiting anti- social behaviour. It does this by making patrons accountable for their actions. No longer are patrons able to escape the consequences of their conduct.

Where NightKey2.0® is used as part of a good management structure, and with good CCTV surveillance, patrons learn quickly what is acceptable and unacceptable behaviour. NightKey2.0® highlights the fact that the venue is serious about supplying a safe and secure environment for its patrons.

NightKey2.0® acts as an attraction for honest and responsible patrons out for a good time and a

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deterrent to irresponsible problem patrons. Experience at venues already using NightKey2.0® is that it has a positive effect on business improving the success and long term viability of a venue.

Figure 3: Sample of premises using/have used NightKey2.0® (Source: https://NightKey2.0®.com.au/NightKey2.0®-explained.php)

3.19 Please find below an extract from the WA Today online new site that relates to the 2008 trial of NightKey2.0®: “The information on the license is checked to ensure the person is an adult, that the image on the ID matches to the new photograph and an outline of the fingerprint is linked to the information to create a patron’s "Fingerpin".

Once in the system, patrons allow their finger to be scanned when they enter on another date and are allowed immediate access.

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Amplifier Bar manager Jamie Wooldridge, whose venue is the first to install the patron management system in Perth following trials at Metro Fremantle and Liquid Nightclub in Rockingham, said the system allowed trouble-makers to be flagged.

If someone who engaged in antisocial behaviour ever attempted to re-enter the venue, bouncers would be warned when taking their fingerprint and would block their entry.

"It's devastating to us that we have to install this type of system, but we have our patrons, and our own safety to think of," Wooldridge said.

Wooldridge said the NightKey2.0® system had been trialled over the past few weeks and proved successful, with no violent incidents since its instalment. He believed other entertainment venues would use the system after hearing about its impact.

NightKey2.0® managing director Mario Madaffari said the information collected was stored off site, with staff at the venues only able to access customer's first and last names and date of birth. Addresses were only made accessible to police if necessary.

"After original registration every time you put your finger down the machine only knows your name," Madaffari said.

"It's amazing how the attitude of patrons changes when you know who they are.

"It's about making people accountable for their actions. For far too long the privileges of the majority have been eroded by the actions of a few. Look at the Lock Out proposals. Let's just identify the minority of troublemakers and get them out of venues."

Police Inspector George Putland said any system that helped to reduce violence and identify people that might have been involved in an incident was welcome.

Wooldridge believed the fingerprinting system would scare the types of people who did engage in antisocial behaviour and criminals away from visiting the venue.

"I think in the end people are going to realise that we're not doing this to try get people's information or alienate anyone," Wooldridge said.

"It's for their personal safety and our personal safety and in the end our main aim is just to make this a safer venue."

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Figure 4: Patrons using NightKey2.0® at Discovery Darwin

3.20 Privacy is a very serious consideration for the creators, and a paramount concern for users of the system. Therefore, rather than keeping fingerprints on file, the NightKey2.0® system generates a 300-digit number, that acts as proxy for the fingerprint.

3.21 Using this system, the fingerprint image is destroyed within seconds with the relevant ID information being retained and attached to the 300-digit number. The number cannot be used to re-create the fingerprint; hence the privacy of users is protected at all times.

3.22 The Applicant will install NightKey2.0® at the Club Paradiso premises, subject to this application being granted in the public interest. The Applicant will assist WA Police when and if required, to identify patrons accused or suspected of anti-social and violent behaviour, and that are registered on NightKey2.0®.

3.23 Mr. Madaffari and his brother Mr. Ross Madaffari are both highly experienced licensed venue operators and hold relevant qualifications to be Licensee/Approved Managers in Western Australia.

3.24 Mr. Madaffari believes that his success in operating licensed premises (particularly Nightclub premises) to be a combination of hard work, rigorous training and performance management practices, providing the best, high quality sound systems from local suppliers, outstanding customer service and a commitment to providing a quality safe and controlled

8 https://www.watoday.com.au/national/western-australia/nightclubs-resort-to-fingerprint-scans-20081124-6f0u.html

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licensed environment.

3.25 The Applicant Company will recruit an experienced and reputable Venue Manager to manage the daily operation of the premises, subject to approval in the public interest. This person will be required to spend one (1) week in Darwin at Discovery with Andrew Price, Venue Manager of Discovery Nightclub, and another week at Paramount Perth with Venue Manager Tristan Wroth.

3.26 This will ensure that the person who will be responsible for overseeing the management and operational practices of the proposed premises Club Paradiso understands the high standard of security, patron behaviour and compliance that is required at licensed premises operated by Mr. Madaffari.

3.27 Further, it will provide a real-life perspective on why it is absolutely essential to ensure the implementation of all policies and procedures of the Applicant are followed to the letter.

3.28 The Applicant will be supported in this endeavour by experienced staff who will be recruited on the basis of; • Their experience working in licensed premises, particularly live music licensed premises, • Their attitude and willingness to support the live music industry in Perth WA, • Their understanding of and ability to adhere to the requirements of Liquor Licensing legislation as it applies to Nightclub Licenses in WA, and • A genuine passion for live musical performances and the live music industry.

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4 Venue and Operation 4.1 Club Paradiso will be located at 160 James Street Northbridge and will become an integral part of the redevelopment and night time activation of the Northbridge Entertainment Precinct.

4.2 The Applicant has been advised that part of the premises operated under a Nightclub Licence (Rockwells).

4.3 The entire premises was then home to Cinema Paradiso, a premises dedicated to international films, indie cinema, foreign films and more, operating under a Special Facility (Theatre) Licence.

4.4 The Cinema Paradiso was opened in 1992 by Ron Regan of Entrevision Pty Ltd and was operating as an arthouse cinema until it was closed in March 2020. It was announced by Palace Cinemas in June 2020 they would not be reopening the cinema, and all arthouse movie screenings were moved to the Palace Cinema complex in Raine Square.

4.5 The Applicant has determined that internal works will be required at the premises, with the majority being infill of some spaces to remove the cascading floors that are used in cinemas. Please find below an image of one of the old theatres at Cinema Paradiso:

Figure 5: Old theatre at Cinema Paradiso (Source: http://cinematreasures.org/theaters/53276)

4.6 While the Applicant is willing to embrace the character of the building where possible, they will be fitting out the proposed Club Paradiso to be a contemporary, late night entertainment premises.

4.7 As premises used in the past as nightclub and cinema premises, the building already has

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significant acoustic insulation and sound attenuation, however in the interests of best practice, consideration of neighbouring residents and businesses and to provide the best quality sound in an enclosed environment, the Applicant has commissioned a full Acoustic Assessment be undertaken with the nightclub use and requisite, live entertainment in mind.

Acoustic Assessment 4.8 EcoAcoustics are certified acoustic consultants and all work is conducted to the relevant standards, policies and guidelines. Their equipment is laboratory and field calibrated in accordance with these relevant standards including (but not limited to): AS 1055, AS 1191, AS 1269, AS 2021, AS/NZS 2107, AS 3671, AS/NZS ISO 140, and AS/NZS ISO 717.

“EcoAcoustics is a Perth based consulting company specialising in the field of acoustics, and vibration. We offer services covering the full range of acoustics and vibration, assessments, including monitoring, computational modelling, assessment and development of control solutions. EcoAcoustics strives to deliver a quality service providing our clients with technical excellence and innovative solutions in all projects. The company is independent, 100% Australian, and privately owned.”9

4.9 EcoAcoustics have undertaken a comprehensive Acoustic Assessment of the premises at 160 James Street, Northbridge, and the any changes recommended in the Acoustic Assessment will be made to the building to ensure that there is no negative impact on surrounding residents or businesses including (but not limited to): • having undertaken a comprehensive Environmental Noise Assessment and complying with all findings, • Installing comprehensive sound attenuation treatments, complying with all recommendations of the Acoustic Assessment, • Creating world-class acoustics within the premises to ensure the best sound for performers and patrons alike, • Installing a state-of-the-art PA and sound system for high standard sound quality that allows patrons to talk through the music, instead of shouting over the top of it, • Installing toilets and other facilities to comply with the BCA Guidelines and Standard of Requirements for a premises operating under a Nightclub Licence, and • Provision of quality locking devices on all separate areas of the premises, to ensure that patrons cannot simply wander around when some spaces are not being used, and to deter would-be vandals from damaging the property.

4.10 As per the Environmental Noise Assessment (ENA) conducted by reputable industry experts EcoAcoustics, the results demonstrated that the predicted noise levels at Club Paradiso, given consideration of the acoustic treatments to be installed, will not breach EPA Guidelines at noise sensitive premises located in close proximity to the proposed nightclub;

4.11 The Applicant has enlisted the help of a number of other industry experts to assist them in

9 http://ecoacoustics.com.au/

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the design of the proposed live music premises at the 164 James Street premises including, but not limited to; 1. Hospitality Total Services – Hospitality, Design and Liquor Licensing Management Consultants. 2. Eco Acoustics – Environmental Sound Consultants. 3. DDA, BCA and Fire Safety Consultants – Resolve Nominees

Club Paradiso 4.12 The Club Paradiso premise has been designed with flexibility and diversity at the forefront.

4.13 The Applicant’s concept is based on the provision of a diverse range of music and entertainment to be provided, as well as having food available, an outdoor Alfresco Area, extensive back-of-house areas, multiple toilets on various levels, a Production Studio, Security Room, First Aid Station and much more.

4.14 Accordingly, the premises will be able to accommodate a comprehensive scale of entertainment from high-energy EDM concerts by internationally renowned artists to garage bands getting their first gig on stage.

4.15 The building where the proposed Club Paradiso is to be located is a unique one, as it spread over a number of different levels. Please find below an outline of the levels that will be used (Attachment 6 – Spatial Impressions), how they will be activated, the nature of the entertainment to be provided and other uses as provided:

GROUND FLOOR

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ARRIVAL LOBBY Main control point for all patrons be scanned prior to entering the venue safely and efficiently.

CASUAL LIVE MUSIC BAR A relaxed pub style alfresco bar with open air areas to soak up the Perth climate. A space for live music earlier on in the evening when people want to relax with friends before heading through to main events in the dedicated chambers. The ground floor has break out balcony areas from the Lobby bar (refer to 2.1) and Concert Chamber (refer to 2.3) above that look over the stage and bar below.

STORAGE The ground floor Storage area allows back of house access from the Front Bar and additional storage from the delivery bay.

STAFF AREA Dedicated Staff lockers with rear access provide staff with a safe and segregated area.

DELIVERY BAY The ground floor delivery bay allows direct delivery and retrieval of stock and wastage during normal business hours to minimise impact on the vicinity.

GROUND FLOOR TOILETS The refurbished ground floor toilets allow for convenient access directly from the Casual Live Music Bar.

PRODUCTION STUDIO ENTRY A private entry to the Production Studio (refer to 2.2) allows for performers and producers to come and go will using the space independently.

MOBILE REFRESHMENT STATION A mobile complimentary refreshment station able to be moved onto the street for Friday and Saturday for Street Chaplin, Emergency Personnel, Security and Police officers, as well as essential first aid equipment.

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FIRST FLOOR

LOBBY Once patrons have passed through the Security and ID checkpoint the Lobby connects to the Cloak Room and first floor toilets, and leads into the Lobby Bar. The Lobby provides universal access from Mountain Terrace to all areas, with lift access to the upper levels. The refurbished Lobby Toilets are conveniently located for the Theatre Chamber and Lobby Bar.

LOBBY BAR The Lobby Bar is central to all areas of the nightclub. It is a transition point overlooking the Casual Live Music Bar below, where tickets can be collected and the Theatre Chamber accessed, and the entry to The Main Concert Chamber. Live performers, or visual screens streaming performances from all over the world will be provided in the Lobby Bar to entertain patrons.

CENTRAL STORAGE The Central Storage and back of house area holds all the stock and wastage moving through the main upper level areas. The main delivery entrance from the back alley allows stock, live acts, and their equipment to access key areas via the back of house. Wastage will be processed and stored internally onsite and collected during daytime hours to eliminate and impact on the vicinity.

THEATRE CHAMBER The Theatre Performance Chamber offers a versatile space that can be used for a variety of acts and performances. Cleared out for a medium sized concert, or with seating for a

29 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd comedy or theatrical performance.

NURSES ROOM The backstage Nurses Room can be used as a safe place for patrons who need assistance, want to feel safe waiting for transport, are looking after a friend or may need medical assistance. The emergency access door allows a private entry to be used for performers to enter the space from the alley way with equipment with ease and should any emergency occur. This unique initiative will assist the operator to effectively manage risk safely and effectively, within a secure and controlled environment.

SECOND FLOOR

LOUNGE BAR/DINING The Lounge Bar is a casual area that provides a more relaxed space for patrons to meet before or after a Performance or pick up something to eat while at the venue. Providing a menu to suit the acts and events, the commercial kitchen and bar area will offer an alternate amenity for patrons within the venue, as well as a responsible service initiative to assist in minimising harm. The space can also operate independently subject to patrons needs, with universal access and dedicated toilets, and is able to provide a diverse range of offerings, including but not limited too: • Solo performances (e.g. acoustic, Jazz, Stand Up etc.) • VIP events, album launches, corporate functions with live entertainment.

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• Tapas and catering, for spaces in the venue, late night supper menu, cocktails, product promotions.

PRODUCTION STUDIO Local talent incubator –Local muso’s and performers can move from the garage to an equipped space that provides opportunity for local talent that they currently may not have access too. The Studio is equipped with the equipment required to produce music, video, and content for live streaming or recording professionally. With its own entrance and facilities the Production Studio can be accessed independently or connected to the nightclub space as required. The production studio balcony provides space overlooking James Street for Guest Star appearances, and a digital screen for live and recorded digital advertising of events and concerts coming up. The production studio has its own change room and toilet and lounge area for Artists to use.

CONCERT CHAMBER The Concert Chamber has been designed to cater to the gap in the WA entertainment industry, to attract national and international acts to Perth that currently visit the east coast, but do not have a venue big enough or operated well enough for them to come and perform here currently. The space includes removeable screens to partition the space as required to maintain the ambience based on the number of patrons attending. The backstage area can be separately accessed from the rear of the building if required for performers. The stage and levels will be safely designed to maximise visual connection with performers from anywhere in the Concert Chamber.

CONCERT MEZZANINE The Concert Mezzanine provides a break out area overlooking the Casual Live Music Bar while remaining in the ticketed area.

CONCERT TOILETS The Concert Toilets are dedicated facilities that cater for the Concert Space patrons. The adjacent lift makes each tier of the concert chamber easily accessible for patrons, stock and staff to move safely and with ease.

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THIRD FLOOR

SECURITY MONITOR ROOM The Security Monitoring Room allows Security and Management personnel to observe and oversee Patrons in a dedicated space with quick access to the lift. All security monitoring, coordinating, revision and analysis will be conducted here incorporating the Night Key technology.

CONCERT TIER 2 Concert Tier 2 has a dedicated bar service to the rear and an Amphitheatre design to maximise patrons view of the stage below and from above. The stage can be directly accessed from Tier 2 to the stairs on stage left, with the ramp connecting the Concert Top Bar to also be used as a VIP area for performers to meet with their fans. The tiered floors can also be closed for smaller performances.

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FOURTH FLOOR

CONCERT TOP BAR A split level allowing clear visual over from the Concert Control Room (See 5.1) down to the stage. The Concert Top Bar can be used as an additional bar accessed from Concert Tier 3 (refer to 5.2) or closed off for VIP functions. The ramp down to Concert Tier 2 connects the space for universal access via the lift. The split level looks down to the stage below, creating a clear view of the entertainment.

THEATRE CONTROL ROOM The Theatre Control Room will allow film and audio recording of live acts in the Theatre Chamber, with live streaming capability

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FIFTH FLOOR

CONCERT CONTROL ROOM All sound and visual aspects of the Concert Chamber can be controlled from the Control Room to maximise the patron experience. The levels and design of the tiers and levels leading down to the stage allow for a clear line of site from the control room to the stage.

CONCERT TIER 3 (L+R) The left and right wings are tapered to allow patrons to look down on the stage and entertainment below.

CONCERT UPPER TOILETS & SERVICES The toilets allow for the total patron capacity to be accommodated for

4.16 The 2006 Designing out Crime Planning Guidelines10 have been considered in the design phase of the proposed premises, to provide additional safety and security for patrons and make monitoring and management of patrons easier for staff and management.

4.17 The entrance to Club Paradiso will be located on James Street, in the heart of the Northbridge Entertainment Precinct. As reflected on the plans submitted with the application, the Production Studio has a separate entrance, there is a disabled access entry

10 https://www.dplh.wa.gov.au/getmedia/87627346-3ade-4e6a-99f0-31365a215f3c/GD_designing_out_crime

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on Mountain Terrace, and a musicians/performers entrance at the rear of the premises.

4.18 Any patrons queuing for Club Paradiso will take place on James Street. As the current owner/operator of The Paramount on James Street (over the road), the Applicant has specific experience in managing queuing patrons, particularly given the high patronage when Nightclubs re-opened in June 2020; “The lines at Northbridge’s Paramount nightclub and Magnet House nightclub on Murray Street in the city snaked down the street as punters waited patiently to get in.”11

4.19 Please find below an image of patrons queuing outside Paramount Nightclub on James Street, and the Applicant’s use of barriers to maintain and control the queue:

Figure 6: Patrons lining up to enter Paramount in June 2020 when Nightclubs were permitted to re-open (Source: https://thewest.com.au/news/coronavirus/revellers-hit-perth-nightclubs-the-minute-coronavirus- restrictions-relax-ng-b881591324z)

4.20 The NightKey2.0® Patron Management system to be installed at the premises will also assist in minimising the time of patrons queuing at Club Paradiso, as repeat patrons need only provide a fingerprint for entry.

4.21 Patrons departing Club Paradiso will be encouraged to leave via James Street where the access to the Perth Train Station and Busport are located at Perth City Link.

11 https://thewest.com.au/news/coronavirus/revellers-hit-perth-nightclubs-the-minute-coronavirus-restrictions-relax- ng-b881591324z

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4.22 Further, James Street is the street where many patrons would be booking their Rideshare services from, and the secure taxi rank is located around the corner, next to Rosie O’Grady’s.

4.23 The primary focus of the proposed premises will be on the provision of live music, complemented by a range of other amenity as outlined in the overview above.

4.24 However, live music will not be the only amenity available at the proposed Club Paradiso premises. As outlined above, the design of the premises will be contemporary, and take into consideration a range of concerns that the licensing authority has previously stated with respect to late-night licensed premises, including those operated under a Nightclub Licence, and other licence types that operate Extended Trading Permits past 12 midnight.

4.25 While the availability of food is not a requirement under a Nightclub Licence, the Applicant is cognizant of the harm minimisation benefits of providing food at licensed premises, however notes that they wish to create a licensed, late night live music venue, not a premises where patrons resort to for food.

4.26 Northbridge contains a large number of restaurants, small bars, taverns and café/food businesses that can cater to those wanting a meal before, during or after their experience at Club Paradiso (subject to approval).

4.27 The Applicant notes that patrons seeking to watch a live music performance later at night will (generally) have a meal before they come to the premises, and the option remains for patrons to leave Club Paradiso for the purpose of consuming food. Ticket holders for specific events will not be required to line up again for re-entry to the premises should they need to leave the licensed premises.

4.28 Staff at the venue will regularly clear empty glasses and other containers from the patron area. This will ensure that staff can better monitor patron consumption and behaviour.

4.29 Live music events bring patrons from all over the greater Perth metropolitan area due to the significant decrease in live music venues in Perth’s outer suburbs as demonstrated in the Perth Live Music Venue Review (Attachment 1) “A comparison of the two databases shows a decrease in the overall number of venues from 138 in 2008 to 111 in 2015. There was a decline in live music venues in the outer metropolitan suburbs of Perth, where there are approximately 21 fewer venues than there were in 2008.”

Tourism 4.30 Tourism visitation for events is an important element in Tourism WA’s marketing strategy: “Events are critical to tourism as they provide a time-specific reason for people to visit, and therefore drive visitation to the State. They also provide valuable media exposure in key domestic and international markets and create brand awareness opportunities for Western Australia. In addition, they utilise venue infrastructure, add social vibrancy and encourage

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community participation.

Tourism WA actively bids for major international events which will attract significant numbers of international and interstate visitors, have a positive economic impact for Western Australia, and showcase the State.

We have also been given $19 million over three years to activate the new 60,000-seat Perth Stadium by securing major blockbuster events. The new stadium is set to open in early 2018 and will provide even more opportunities for international events and associated visitation and exposure for Western Australia.

Tourism WA provides funding for major and regional events through three event funding schemes - Major Event Funding, Regional Events Program and Regional Events Scheme. For more details on these visit Event sponsorship.

In addition we run an events marketing campaign every year across both paid and owned media channels. The aim of the campaign is to communicate the wide variety of events happening across the State at any one time and to drive attendance.”12

4.31 The above is further supported by Tourism WA’s report into Perth Entertainment Precincts Report (Attachment 7) that found the following with respect to the Northbridge Entertainment Precinct: • The range of venues and activities on offer is the most critical factor driving both precinct visitation and overall opinion. • Vibrancy is primarily a driver of delight. Although its absence will frustrate people to some extent, offering a lively precinct is the most prominent way to delight people. • Offering a good range of venues & activities is the key at all levels – fundamentally this gives people a reason to visit and is the attribute most influential in shaping precinct attitudes. • Safety is a hygiene factor – Its absence frustrates, its presence does not act as a delighter, rather it just eliminates any frustration. • Precinct access (by public transport/taxi/Uber) is primarily a visitation enabler. It has relatively little impact on the overall opinion of a precinct.

4.32 As outlined in the report, Northbridge was rated third of the nine, identified Entertainment Precincts in greater Perth. It scored highest for ‘nightclubs’ which is reasonable given that the highest concentration of nightclub premises are located in the Northbridge suburb.

4.33 The profile of the Northbridge Entertainment Precinct demonstrates that: • 69% of respondents visited Northbridge at night. • 22% of visitors to Northbridge do so for the purpose of patronising a Nightclub premises.

12 https://www.tourism.wa.gov.au/About%20Us/Our%20organisation/Our-role/Pages/Events.aspx#/

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• 27% of patrons indicated that they patronised a Nightclub last time they visited Northbridge. • 68% perceived that Northbridge was vibrant and lively. • 68% also perceived it was readily available by public transport. • Importantly, 80% stated they either ‘Might’ or ‘Definitely will’ visit Northbridge again in the next 6 months.

4.34 Club Paradiso’s proposed location will be in very close proximity to a number of public transport options, providing a safe means for patrons to get home or to their hotel.

Value of Live Music venues 4.35 The approval of the application by Club Paradiso will help to fill the live music void left by the closure of The Bakery and Deville’s Pad and the cessation of live music at Ya Ya’s in Northbridge.

4.36 Without a new, mid-sized premises that can accommodate a diverse range of artists, the Applicant submits that smaller and up and coming local bands and musicians will have fewer opportunities to play in front of live audiences (Refer Letters of Support).

4.37 The size of the proposed Club Paradiso is ideal for both smaller, more intimate performances, and for larger, well-known national and international touring acts.

4.38 For this reason, the range of spaces within the proposed premises will be ideal for acoustic performances and groups of young musicians where individuals and bands starting out can play a short set of songs to introduce themselves to the Perth music scene and potential fans and followers.

4.39 The Applicant also notes that there are cultural and social benefits to live music as indicated in the ‘The Economic and Cultural Value of Live Music in Australian 2014’ (Attachment 8) that demonstrates the important economic and cultural benefits of live music;

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Figure 7: Excerpt from The Economic and Cultural Value of Live Music in Australia (Source: Attachment 8)

4.40 “The benefits of live music participation are not limited to young people or students. Live music performance has been shown to alleviate apathy and improve quality of life among dementia subjects (Holmes, Knights, Dean, Hodkinson & Hopkins 2006) and an experiment into the effects of the participation of seniors in an ongoing chorale group observed that positive outcomes occur when older individuals are in situations that provide meaningful social engagement with others (G.D.Cohen et al. 2006).”

Figure 8: Excerpt from The Economic and Cultural Value of Live Music in Australia (Source: Attachment 8)

4.41 The report also outlines the economic benefits of live music venues and states: “Our research has identified that live music spending in Australia delivers at least a 3:1 benefit-to- cost ratio. This means that for every dollar spent on live music in Australia, $3.00 worth of benefits are returned to the wider Australian community. We conservatively value this contribution at approximately $15.7 billion for 2014.

This figure is larger than previous valuations of the Australian live music industries due to

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our more detailed model of consumer spending and a more complete accounting of the various ways live music benefits the community.

A key finding of our research is that producer accounts of live music spending, such as ticket, food and alcohol sales, represent less than half of actual spending on live music attendance. Valuations of the live music sector that rely on producer data, by extension, are likely to underrepresent the sector’s economic inputs and outputs. Similarly, accounts of the live music industry that do not consider civic and individual benefits that flow from live music activity are likely to under-value the contribution that live music makes to our community.”

4.42 The 2014 report identified above is further supported by a report undertaken by reputable accounting firm Ernst & Young (Attachment 9) that looked at the economic contribution of live music venues in Australia and found: “In terms of its economic importance, the venue-based live music industry1 in Australia generated revenues of $1.21 billion during 2009/10 financial year (i.e. “industry output”). The revenue of the venue-based live music industry is driven by patron spend at live music performances, of which 16.7% was generated from ticket sales to live music performances, with the remaining 83.3% from patron spend on food and beverage. These revenues were generated from an estimated 41.97 million patrons attending a total of approximately 328,000 venue-based live music performances at 3,904 live music venues across Australia. Total profits and wages generated by the industry (i.e. the “industry value add”), amounted to $651.9 million, while overall, the venue-based live music industry supports employment of approximately 14,866 full time equivalent positions.” Given the report was written almost a decade ago, the Applicant submits that number has grown.

4.43 The report also contains additional statistics with respect to the economic contribution of live music venues in Australia and specifically noted: • The most popular genre of live music staged at the venues surveyed was rock/pop, accounting for 38.5% of respondents, followed by “all styles” with 31.4% and blues/roots/country with 13.9%. • It is estimated that 3,904 live music venues in Australia staged approximately 328,000 live performances in the 2009/10 financial year, equating to approximately 6,300 performances per week. This equates to 84 performances per live music venue per year (or 1.6 per week), of which 14 were ticketed performances and 70 were nonticketed. • With regard to the nights of the week that live music is staged, the most popular nights are Friday (77.3%) and Saturday (75.1%) nights. • 36.6% of venues book the services of artists/musicians directly (i.e. in-house) compared to using the services of an agent (22.4%), while 38.5% of venues use a combination of both. • The venues surveyed were also asked what they saw was the barriers to owning/operating a live music venue. The impact of the current regulatory environment for live music venues (69.1%) and the cost of talent (61.7%) are clearly the biggest issues facing the industry. Of the 12.8% of respondents that selected “other”, the most common reasons given were music licence fees and the cost of security.

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• Venue-based live music acts as an incubator for emerging artists/performers. The ability to perform and trial new material with smaller audiences assists artists’ with their development. While new technologies are providing different ways for artists’ to reach audiences, live performance is critical for artists’ technical and creative development, income generation and networking with fans and industry. Venue-based live performance is often the first step in furthering an artist’s international career4.

4.44 A survey undertaken by the Perth Venue Action (PVA) group (Attachment 10) in April/May 2015 demonstrated the following: • Average patrons surveyed was between 25 –34 years old with a full time job; • Over 90% of voters value the artist above other factors when choosing a live music venue; • Access to public transport was more popular than access to parking facilities; • 52.4% of patrons surveyed indicated they attended 1-3 live music gigs per month; • Perth music lovers appreciate a wide variety of live music genre’s however Indie/Alternative and Rock were chosen as the favourite genre to see live; • Patrons spend an average of $240 per month attending live music events; and • The majority of patrons surveyed indicated that they also enjoyed visiting local late night live music premises and small bars when not attending live music performances.

4.45 The Perth Venue Action patron survey also demonstrated that;

Figure 9: Excerpt from Perth Music Venue Survey report (Source: Attachment 10)

4.46 It is the most recent report of its kind to look exclusively at the Perth and WA live music industry.

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5 Location and Locality 5.1 As per the application of the Public Interest Policy “Specification of Locality” (which determines the “locality” affected by an application under the Liquor Control Act 1988) the map below indicates the 2km radius that forms the locality surrounding Club Paradiso where the proposed Nightclub Licence (subject to approval) will be operated.

Figure 10: 2km radius surrounding proposed Club Paradiso (Source: https://www.zeemaps.com)

5.2 The suburbs that make up the defined locality in which Club Paradiso is located are: • Perth • East Perth • West Perth • Northbridge • Highgate

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Demographics of the Locality 5.3 The ABS 2016 Census Data13 reveals that there were 34,116 persons typically resident in the locality on census night.

Suburbs Population Population Indigenous Australian Speak under 14 Person Born English at yrs. Home Northbridge 1307 41 11 301 471 Perth 11425 796 110 3965 5800 West Perth 5608 343 29 2138 3155 Leederville 3158 368 20 1783 2337 Highgate 2022 179 16 1054 1403 East Perth 10596 2628 73 3195 5044 Totals 34116 2355 259 12436 18210 Locality % 6.9% 0.76% 36.45% 53.38% WA Totals 2474410 476686 75978 1492842 1861041 WA % 19.26% 3.07% 60.33% 75.21% Greater Perth 1943858 370327 31214 1113277 1428821 Totals Greater Perth % 19.05% 1.61% 57.27% 73.50% Figure 11: Population Statistics for 'defined' locality (Source: www.abs.gov.au)

5.4 There is a significantly lower percentage of residents who identify themselves as Indigenous Persons in the locality (0.76%) than the WA State average (3.07%) and who are deemed an ‘At Risk’ group as identified under the Drug and Alcohol Interagency Framework for Western Australia 2011-201514.

5.5 The median age of persons typically resident within the locality is 33 years, lower than the Western Australian state average of 36 years.

5.6 According to the statistics available the majority of the population within the defined locality are within the 25-29 year age group and represented 19.6% of the population in the locality.

5.7 The median incomes are generally higher in the locality than WA across Individual and Family incomes. Median Individual Income was $1005.33 per week compared to $724.00 for WA and Median Family Income was $2325.33 per week compared to WA’s Median of $1910.00 per week. Median Household Income in the locality was also higher at $1863.33 per week compared to $1595.00 for WA.

13 www.abs.gov.au 14 https://www.mhc.wa.gov.au/media/1721/drug-and-alcohol-interagency-strategic-framework-for-western- australia-2011-15.pdf

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5.8 Based on these statistics, the locality is considered to be a medium to high socio-economic region in Western Australia.

5.9 A review of the SEIFA Index of Relative Socio–Economic Disadvantage “City of Perth’s small areas and benchmark areas” indicates that the City of Perth has a low degree of disadvantage, with a score of 1049. This can be compared to Greater Perth which has a score of 1025, WA with it’s score of 1015 and Australia that had a SEIFA score of 1001.9 as can be seen in the figure below:

Figure 12: SEIFA data for the City of Perth LGA and comparison areas (Source: https://profile.id.com.au/perth/seifa-disadvantage-small-area)

5.10 36.45% within the locality were Australian Born which is significantly lower than the Western Australia average of 60.33%.

5.11 53.38% of the locality population indicated that English was the only language spoken at home, which is again lower than the WA State average of 75.21%.

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Population Characteristics of the Locality 5.12 Please see below the demographic statistics relating to age, gender and income; comparing the locality to the Western Australian rates;

Locality Western Australia Total Population 34116 2474410 % Males 51.9% 50.00% % Females 48.1% 50.00% Median age 33 36 Largest age group 25-29 30-34 Largest age group% 19.6% 7.90% Median Individual Income $1005.33 $724.00 Median Household income $1863.33 $1,595.00 Median Family income $2325.33 $1,910.00 Figure 13: Demographic data for the locality (Source: www.abs.gov.au)

5.13 As reflected in the data above, the locality is younger and has higher incomes than the WA averages, and the Applicant submits that this demographic are likely to patronise live music venues.

5.14 The Applicant submits that given the proposed location of the premises in an existing building on James Street in Northbridge, Club Paradiso will fulfil the requirements of the City of Perth Northbridge Precinct (where 160 James Street is located) in relation to the Precinct Plan No 1 as previously stated in these PIA submissions.

5.15 Club Paradiso (subject to approval) will be located in the Northbridge Entertainment Precinct in the City of Perth, that has recently seen a number of large scale infrastructure projects and developments commence or come to fruition including Perth City Link, Elizabeth Quay and the new Perth Stadium to name a few.

The City of Perth 5.16 The premises will be located in the City of Perth local government area (LGA). Accordingly, the Applicant has applied to the City of Perth for the use at the premises to change from ‘Cinema Use’ to ‘Entertainment Use’.

5.17 The City of Perth is an important LGA in Western Australia, as it is the home to the largest concentration of the civic, administrative, government, commercial, retail dining, entertainment and cultural amenity in the State. For many years the City of Perth was not a popular residential area for many years, however that has begun to change over the past decade, with more and more residential development in the LGA.

5.18 Please find below a table showing the increase in the City of Perth population over the past 4 census counts, compared with the growth in the overall WA population:

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Perth LGA % change WA State % change 2001 11180 - 1900000 - 2006 11573 3.5% 1959088 3.12% 2011 16714 44.42% 2239170 14.30% 2016 21797 30.42% 2474410 10.51% 2020 32233 47.88% 2656000 7.34% 2041 f/cast 49107 52.35% N/A N/A

5.19 The above statistics were sourced from the Australian Bureau of Statistics website15. The data available demonstrates that the demonstrated residential population growth this is forecast to continue exponentially over the next 10-20 years in the City of Perth LGA:

Figure 14: Population forecast for the City of Perth (Source: https://forecast.id.com.au/perth)

5.20 Along with the high number of residents and workers that resort to the City of Perth, the City is also the home to the highest percentage of accommodation premises in WA.

5.21 This make the city of Perth a strong pull factor for tourism visitors, with the WA Fast Facts (Year ending June 2020) that states: “In YE June 2020, 20.0 million daytrips were taken within the State and 10.1 million overnight (domestic and international) visitors came to or travelled within WA. Together, these visitors spent $9.0 billion in the State. The closure of Australia’s international border on 20 March has meant almost no international visitors came to WA for more than three months in 2019/20”

5.22 The Applicant notes that the report (Attachment 14) also demonstrates that 62% of all

15 https://www.abs.gov.au/statistics/people/population/national-state-and-territory-population/latest-release

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visitors to WA visited Destination Perth (Perth CBD and surrounding areas), giving Perth the highest tourism visitation of anywhere in the State.

Citiplace Precinct 1 – The Northbridge Precinct 5.23 Club Paradiso will be located in an existing building in the Northbridge Precinct of the City of Perth, which has Entertainment as a permitted ‘use’ of premises in that location.

5.24 The Northbridge Precinct is known as Precinct #1in the City of Perth’s Precinct Plan that states: “The Northbridge Precinct will continue to evolve as a diverse, interesting and dynamic inner city precinct and will be promoted as an attractive destination for the local population and interstate and overseas visitors. This Precinct will remain Perth’s primary entertainment and night life area and provide a variety of residential and visitor accommodation and commercial services. It will be a unique area in terms of uses and character and the social and cultural diversity that clearly distinguishes the Precinct will be fostered.” (Attachment 11)

5.25 As can be seen below, the Northbridge Precinct is located at the northern end of the City of Perth local government area (LGA), and

Figure 15: Northbridge Precinct location and area (Source: Attachment 11)

5.26 The Northbridge Precinct Plan also states: “A mixture of compatible, complementary activities is essential to maintain the diversity of activity in this Precinct. East of Russell Square, entertainment activities will predominate. However, a rich mix of other commercial uses, including short stay accommodation such as hotels and serviced apartments will be encouraged.” and “Al fresco dining and outdoor activities such as entertainment, markets and festivals will be encouraged where practicable.”

5.27 It notes that east of Russell Square is the designated area for commercial mixed-use and

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entertainment premises, and specifically mentioned James Street as being important to the character of the Northbridge Precinct: ”New development will continue to have regard to the scale and character of existing streetscapes such as William and James Streets, and key buildings such as the Aberdeen Hotel.”

5.28 The Applicant submits that there will be minimal changes to the exterior of the building on James Street, and that the design of the premises has at all times considered the existing streetscape and harm minimisation as being important elements of the design.

Northbridge Special Entertainment Precinct 5.29 Along with the designation of the Northbridge Precinct as Perth’s biggest entertainment destination, the City of Perth have also been working on assigning Northbridge as a Special Entertainment Precinct to: “support entertainment venues that play live and/or amplified music and to reduce conflict between these uses and new noise sensitive uses (such as residential apartments and short stay accommodation).”16

5.30 As noted by the Department of Lands, Planning and Heritage (DPLH), the Northbridge Precinct is considered an entertainment destination, and subject to approval of Northbridge as a Special Entertainment Precinct, the following would apply: “Special Entertainment Precincts provides guidance to local governments on the establishment of special entertainment precincts and minimum requirements for scheme provisions. Given the complex nature of entertainment noise in Northbridge, when finalised, the final position statement will have regard to the feedback from public consultation, the proposed City of Perth Northbridge amendment and engagement with industry and environmental stakeholders.17”

5.31 The DPLH website states the following with respect to Special Entertainment Precincts: “What is a special entertainment precinct? A special entertainment precinct is an area with a diverse mix of land uses (both residential and commercial) including entertainment venues which contribute to an active night-time economy.”

5.32 Further, the DPLH consultation highlights the need for the precinct to operate under different regulatory standards to other areas, given the high ratio of entertainment venues and the importance of the night time economy to the overall contribution to the City of Perth (emphasis added): “The establishment of a special entertainment precinct can be considered where a diverse mix of existing or planned land uses, including entertainment venues, contribute to an active night time economy. Establishment may be appropriate where it can be demonstrated that the precinct has strategic importance to the area in which it operates, particularly with regard to its tourism, cultural and commercial value.

16https://www.google.com/search?q=northbridge+entertainment+precinct&rlz=1C1GCEU_enAU923AU923&oq=north bridge+entertainment+precinct&aqs=chrome..69i57j0i22i30j69i59j69i60j69i61.7295j0j7&sourceid=chrome&ie=UTF-8 17 https://www.dplh.wa.gov.au/special-entertainment-precincts

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A special entertainment precinct is established through the designation of a SCA in a local planning scheme, improvement scheme or redevelopment scheme. The primary function of the SCA is to manage existing and/or potential land use conflicts associated with entertainment venues and noise-sensitive uses.

The relevant local government or responsible authority is to identify the case for a special entertainment precinct SCA and define its boundary. Examples of materials which may be provided to support the establishment of the SCA include: • a robust problem definition statement, including current noise levels and any entertainment noise-related complaints • evidence of consultation with the local community and adjoining/impacted local governments • demonstration of a significant night-time economy supported by an economic assessment • evidence of an established strategic vision for the precinct, including the existing and/or intended land use mix and the potential for future entertainment venue development • specific performance criteria, development requirements and/ or guidance to be applied to development through a local planning scheme, redevelopment scheme or local planning policy.

The establishment of the SCA requires early consultation with the Western Australian Planning Commission and the Department of Water and Environmental.”18*

5.33 The information provided by the DPLH acknowledges the importance of entertainment venues as part of the night time economy, and particularly after the COVID pandemic, as the entertainment industry – ostensibly shut down for months across the globe – seeks to re-establish itself.

18 https://www.dplh.wa.gov.au/getmedia/2b1ca71a-363d-417e-b147-3d05b2ea1979/POS-Draft-Position-Statement- Special-Entertainment-Precincts * SCA = Special Control Area

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Figure 16: Excerpts relating to the Northbridge Special Entertainment Precinct (Source: https://storymaps.arcgis.com/stories/a22f311d481c4c328e01ab160f6642f4)

5.34 The Applicant submits that based on the existing designation of Northbridge as an Entertainment Precinct by Tourism WA, and the proposal to further differentiate Northbridge as a Special Entertainment Precinct by the DPLH, that the licensing authority

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have special regard to this application, to ensure that the importance of entertainment and the night time economy is given its due weight in the public interest.

5.35 The use of the premises as a Nightclub providing a range of live music entertainment is complimented by the letter of support from the MLA for Perth, Mr. John Newton Carey who was consulted about the proposed Club Paradiso and provided a letter that states: “ The Northbridge Entertainment Precinct is an important part of our city, and it is vital that we continue to grow and support young and emerging artists, with a range of venues that enables them to perform for a home crowd. In addition, there is a gap in the local Perth live music market, with most venues accommodating approximately 300 – 400 persons, and then we have very large venues such as RAC Arena and OPTUS Stadium.

The proposed Club Paradiso will provide a mid-level performance space that can accommodate both national and international acts, including DJ’s, whose popularity has grown exponentially over the past decade.

In addition, I have reviewed the plans for the proposed premises, and I note the inclusion of a Production Studio that can assist local artists and producers of music to learn and refine their skills, as well as providing a low-cost production option for small bands and artists to record their music for possible future distribution.”

Noise Management in the City of Perth 5.36 The City of Perth’s Noise Management document (Attachment 12 – CoP Noise Management) states: “One of the many attractions to living in the city is the diversity of activity a city generates. However, this can also result in noise levels that are higher than those experienced in a suburban environment.

Explore the neighbourhood and familiarise yourself with potential noise sources. This can include potential construction sites, which produce a considerable amount of daytime noise and can last for a number of years, or types of commercial activities that operate 24 hours per day. Locate clubs, hotels and bars to investigate their hours of operations and noise levels.

Be mindful that all roads have the potential to carry traffic and that it may take only one vehicle to disturb sleep. Consider how busy traffic is in the area at various times of the day, whether it will increase in future and whether these levels of traffic noise are likely to impact you.

Talk to other residents in the area where you are thinking of moving to about their experience of noise.”19

5.37 The LGA also refers to ‘Typical City Noise Sources’ and refers to Licensed Premises,

19 https://www.perth.wa.gov.au/live-and-work/residents/noise-complaints

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Commercial activities, Construction sites, Refuse Collection, Traffic, Outdoor Events and Concerts, Community Events, Audible Security Alarms and Air Conditioning and Ventilation Equipment as some of the factors that can have higher noise impacts for those living in the Perth CBD.

5.38 The City of Perth Noise Control and Management document outlines that the Environmental Protection (Noise) Regulations 1997 is the defining Act under which noise is measured in Western Australia: “Noise in Western Australia is governed by the Environmental Protection (Noise) Regulations 1997 (Noise Regulations). Its aim is to protect people from unnecessary disturbance from noise, defined under the Act to include any vibration of any frequency, whether transmitted through air or any other physical medium.

The regulations address: • Noise passing from one premises to another. • Noise from public places as it aÖects adjacent premises. • Acceptable noise levels in relation to land use.

The regulations don’t deal with: • Noise within one premises. • Noise from traffic on roads or trains (except model trains). • Noise from aircrafts (except model planes) and noise from safety warning devices.

There is no single government authority in Australia with overall responsibility for controlling or reducing noise pollution. The Federal Government takes responsibility in areas such as aircraft noise and emission standards for new motor vehicles, while each state's environmental protection agency regulates its environmental noise.”

5.39 Please see below for the City of Perth information on Licensed Premises and Entertainment Venues in relation to Noise Management: “The city has a rich and vibrant night life. Noise associated with its many clubs, bars and nightclubs can sometimes reach levels that could be considered offensive or a nuisance. This could be from music, patrons, deliveries, or other related activities. All liquor licensed premises are obliged to respond quickly and positively to resolve complaints received from neighbours.

The City’s Environmental Health Services Unit monitors noise from licensed premises and will investigate noise complaints associated with entertainment venues. The Liquor Control Act 1988 also contains provisions that allow action to be taken for unreasonable noise.”

5.40 Subject to approval, the Applicant will implement a Complaint Resolution Procedure (Attachment 4) that will be used to ensure that any valid complaint relating to the operation of the premises is addressed quickly and effectively.

5.41 The closure of Kulcha in Fremantle in 2014, and The Bakery (2015) in Northbridge left a

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significant gap in the live music venue market for Culturally and Linguistically Diverse (CaLD) musicians and performers. Club Paradiso is ready, willing and able to provide a space for these artists should this application be approved, and will work with the Multicultural Arts of WA Inc. towards providing the performance space at Club Paradiso (subject to approval) for world music acts.

5.42 The Applicant intends to provide the option for World Music performers to perform live in the Theatre Room and the Concert Chamber.

5.43 Substantial time and resources have been invested into the proposed new facilities at Club Paradiso positively adding to the revitalisation and amenity of Perth. The premises will also comply with the rigorous Sound Attenuation standards to comply with EPA guidelines.

5.44 The Applicant submits that the Perth City Link, Elizabeth Quay and other developments are slowly transforming Perth, and that Club Paradiso, operating under a Nightclub Licence, and operated by experienced and reputable Licensees will be a welcome and vibrant addition to our developing capital city.

5.45 These major developments, in conjunction with the closure of the aforementioned live music venues in the greater Perth locality, will ensure that a new live music venue such as Club Paradiso will aid in the development of the liquor, hospitality and tourism industries with a number of those visiting the Northbridge Entertainment Precinct due to the new developments and reactivated city locality. It will provide the required late night, live music amenity that many consumers are seeking after they have enjoyed a meal and/or a show in the CBD (Refer Consumer Questionnaires).

5.46 The Perth City Link, a project that has revitalised the space left empty by the sinking of the Fremantle rail line and the Perth bus station, to bring together the Perth CBD and the Northbridge entertainment precinct for the first time in more than 100 years.

5.47 Reconnecting the City Perth’s city centre and Northbridge were divided in 1881 by the Fremantle-Perth-Guildford rail lines. When the gold rush hit in the 1890s, this divide was increased further as the central railway precinct grew, perpetuated by the huge demand for passenger and freight transportation.

Over time, much debate has arisen over how and when to remove this inner city barrier. The Perth City Link project will deliver this long-awaited reconnection.

Five new cross-city connections will be created by sinking the Wellington Street Bus Station and the Fremantle rail line from the Horseshoe Bridge to King/Lake Streets, as this will prepare the site for redevelopment.

The proposed new connections include the Milligan Street, Queen Street and King-Lake

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Street extensions, which will provide vehicle access through the area. Paths extending Shafto Lane to Roe Street and connecting William Street will enable pedestrians to cross through the city with ease.

These increased linkages will also improve accessibility to the foreshore and surrounding streets. They will encourage connectivity and movement throughout the area and provide a more amenable city journey.

The project’s objectives are to: 1. Provide a focus for public life, with the creation of an improved and new public realm. 2. Optimise the appeal of the city centre and Northbridge and forge a connection of the two areas. 3. Create better connectivity and access to public transport. 4. Assist in supporting the revitalisation of the Perth Cultural Centre. 5. Capitalise on the potential transit-oriented development benefits by its direct relationship with major transit systems. 6. Provide opportunity and support for private investment, to create wider-spread economic benefits and drive the continued revitalisation of the city centre. 7. Ensure that public investment is designed and implemented holistically to generate the improvement of social, economic, environmental and cultural conditions in the city centre. 8. Provide housing with a diversity of dwelling types and sizes, and 10 to 15% affordable dwellings, to increase the opportunity for a variety of family types to live in the city centre. (Source: www.MRA.wa.gov.au)

5.48 The Perth CBD has also recently welcomed the opening of the long awaited Elizabeth Quay, to re-engage the Perth CBD with the Swan River;

Figure 17: Information relating to Elizabeth Quay

5.49 Elizabeth Quay has re-introduced Perth locals and those visiting WA’s capitol city to the Swan River. For many years all the action in the Perth CBD was centered around the Wellington Street to St Georges Terrace area, with The Esplanade coming into its own for the annual Australia Day Skyshow.

5.50 The development of Elizabeth Quay, new International Hotels and prestigious food and

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beverage precincts has transformed this beloved waterway into something the whole family can enjoy.

Figure 18: Image of Elizabeth Quay with the Ritz-Carlton and DoubleTree by Hilton Hotels completed

5.51 The new OPTUS Stadium in the Perth suburb of Burswood finished construction in late 2017, and opened to the public in January 2018. After almost two years of operation the stadium has: • Been the location of 100 major events, • Hosted more than 4.1million visitors • Received 50 awards, with the most notable being the “Project of the Year” at the The StadiumBusiness Awards in London and the ‘Most Beautiful Sports Facility’ in the World at the Prix Versailles 2019 international architecture awards, • Supported local WA businesses with over 85% of suppliers to the stadium being WA companies and businesses, and • Generated jobs for more than 6,300 staff20.

20 https://optusstadium.com.au/the-stadium/news/optus-stadium-celebrates-100-events

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Figure 19: Image of OPTUS Stadium - lit up for Breast Cancer Awareness week (Source: https://www.facebook.com/OptusStadium/photos/1068259223634449)

5.52 OPTUS Stadium has attracted a range of events that could not be hosted in Perth prior to construction and attracted big-name sports and entertainment events that previously were never considered for the Perth market. These large-scale events including (but are not limited to): • Three (3) AFL seasons and hosted more than 2.5 million fans, • A State of Origin game that hosted 59,721 attendees’, • Chelsea v Perth Glory Soccer game with 55,522 fans, • Australia vs India Test Match bringing in 81,104 fans over 4 days, • Australia vs England One-Day International with 53,781 in attendance, • Ed Sheeran (two nights) performed before 120,979 fans, and • Music superstar Taylor Swift who performed a concert for 48,405 fans.

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Figure 20: Perth Stadium capacity information (Source: www.perthstadium.com.au)

5.53 The City of Perth is the home of WA’s artistic and cultural activities. The Applicant is aware that the Perth Cultural Centre, the WA State Theatre, the Art Gallery of WA and a number of key cultural venues are all located within the defined locality, and the Applicant believes that the proposed Club Paradiso will provide a venue that complements this vibrant cultural precinct.

5.54 The Applicant notes that the proposed Club Paradiso will have the ability to provide a complementary, late night, live music premises for those patrons who attend the following entertainment venues in the Perth CBD, and who enjoy a live music experience; o Perth Arena Since opening, the 15,000 capacity venue has hosted numerous major events, playing host to world famous superstars, including Prince, The Killers, Beyoncé, Kendrick Lamar, Fleetwood Mac, The Rolling Stones, Ed Sheeran, KISS, Celine Dion and Katy Perry. RAC Arena has also given our sporting favourites an opportunity to thrive and excel. The venue has previously hosted the Hopman Cup with record attendance and stellar players, such as Roger Federer, Andy Murray, Serena and Venus Williams, Novak Djokovic as well as Ana Ivanovic.

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The Perth Wildcats have scaled new heights on and off the court by regularly playing in front of more than 12,000 people, transforming the CBD into a sea of red during their home games. (Source: https://www.racarena.com.au/about-us) o His Majesty’s Theatre The home to West Australian Ballet and the West Australian Opera, His Majesty’s Theatre has a full events calendar throughout the year and has performances that finish late at night. o Perth Cultural Centre Perth Cultural Centre has become a popular meeting place for locals and visitors. Sitting between the city centre and Northbridge, it’s the cultural heart of the city with a vibrant mix of arts, music, food, entertainment and festivals. (Source: www.mra.wa.gov.au ) As the Locality includes the Perth Cultural Centre and the proposed Club Paradiso will be are located within close proximity to it, it is necessary to scrutinise the various venues that make up the Perth Cultural Centre, and consider the number of people that patronise the precinct seeking cultural performances. The Perth Cultural Centre is made up of the following: o State Theatre Centre Located on the corner of Roe and William Streets in Northbridge the State Theatre Centre of Western Australia opened in 2011 and features the 575-seat Heath Ledger Theatre and the 234-seat flexible Studio Underground. Also included in the Centre is The Courtyard, a multi- purpose outdoor events space, two rehearsal rooms and two flexible- use private suites. (Source: www.ptt.wa.gov.au) The State Theatre Centre is a spectacular new building which opened in January 2011 and is now the State’s premier destination for the performing arts and is home to the Black Swan Theatre Company and the Perth Theatre Company. When fully booked, the State Theatre Centre can seat more than 800 patrons a day/night and often has more than one showing per day. o The State Library of Western Australia The year 2015 marked 30 years since the State Library moved into the purpose built Alexander Library Building. In that time technological innovation has resulted in significant changes to the way the community accesses information. Technology has created the opportunity for Western Australian documentary materials and heritage collections to be provided to clients, unrestrained by physical limitations or geographical location. These innovations have also changed the way in which the community interacts with State Library resources and staff, as well as the technical requirements for maintaining and conserving our valuable collections. (Source: www.slwa.wa.gov.au ) o NEW Western Australian Museum – Boola Bardip The Western Australian Museum is the State’s premier cultural organisation, housing WA’s scientific and cultural collection. For over 120 years the Museum has been making the State's natural and social heritage accessible and engaging through research, exhibitions and public programs.

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Today, the Museum has seven public locations across our State – and a Collections and Research Centre that houses more than eight million objects. The new WA Museum Boola Bardip opens in the Perth Cultural Centre on Saturday 21 November with nine-days of celebration. (Source: www.museum.wa.gov.au)

o The Art Gallery of Western Australia The Art Gallery of Western Australia, founded in 1895, occupies a precinct of three heritage buildings on the south-eastern corner of the Perth Cultural Centre. The Gallery houses the State Art Collection, which includes one of the world’s finest collections of Indigenous art, the pre-eminent collection of Western Australian art and design, as well as Australian and International art and design. (Source: www.artgallery.wa.gov.au)

o Perth Institute of Contemporary Arts Housed in a large and striking heritage building in the heart of Perth, Western Australia, PICA is the city’s focal point for those wishing to experience the best of Australian and international visual, performance and interdisciplinary art. PICA is both a producing and presenting institution that runs a year round program of changing exhibitions, seasons in contemporary dance, theatre and performance, artistic residencies and interdisciplinary projects. It boasts one of the largest and most breath-taking exhibition spaces in Australia and has become known for the leading role it plays in the presentation of significant new work. (Source: www.pica.org.au)

“Perth is a thriving hub of business and economic activity, with opportunities arising out of a booming economy which has been fuelled by record levels of resource investment and high commodity prices. West Australia is a global business destination with access to growing Asian economies such as China, Japan and India. Greater Perth is well equipped with facilities to cater to this with extensive IT, communication and health infrastructure in place. Greater Perth offers a lifestyle that is second to none. In 2012, Perth was rated as one of the top 10 most ‘liveable’ cities. Australian cities continue to thrive in terms of liveability; not only do they benefit from the natural advantages of low population density, but they have continued to improve with some high profile infrastructure investments.” (Source: www.theaustralian.com.au).

5.55 The Applicant notes that the proposed premises Club Paradiso will be located in the centre of many of the cultural and entertainment activity centre of the Perth CBD and as such, will be a welcome amenity for those wishing to enjoy live music in a safe, well managed and controlled licensed premises that operates as a late-night licensed premises.

Economic Considerations 5.56 Along with being the entertainment capital of the State, the City of Perth also has the highest concentration of employment opportunities in the greater Perth region, as can be seen in the graph below:

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Figure 21: Jobs in the City of Perth locality (Source: https://profile.id.com.au/perth/workers)

5.57 Along with providing a large number of jobs (and therefore workers) that come into the Perth CBD daily, there are also those who resort to the Perth CBD for shopping, dining, entertainment, and to visit the commercial, civic and administrative organisations and amenity that are located there.

5.58 When considering the economic merits of the application, the decision maker must also weigh and balance the significant contribution of the night time economy.

5.59 A 2019 report: Measuring the Australian Night Time Economy21 outlines the benefits of a strong night time economy in Australian capital cities: “Cities are becoming increasingly interested in supporting the development of their Night Time Economies (NTEs), not only in Australia but globally. Examples of this can be seen across the world in cities such as New York1, London2, Toronto3, Cali4, Beijing5 and Tokyo6.

The NTE is not only a growth sector in Australia, but one which is also highly complex. It encompasses a variety of business activities, which service a wide range of consumer needs on any given night. These may include, for example, shift workers traveling for work or working into the evening in industries such as health, security or hospitality; people wanting to enjoy new experiences or have a night out with friends or family; those hoping to expand their social networks and meet new people and those who may seek a quiet night in with a

21 https://www.lordmayors.org/wp-content/uploads/2019/09/Measuring-the-Australian- NTE_2018_FINAL_OnlineVersion_2019-09-02.pdf

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bottle of wine and a take-away. Rapidly evolving social trends are likely to be impacting on cities’ NTEs. For example, consumption of alcohol in Australia has recently fallen to the lowest levels since the 1960s7 , people aged between 18 and 24 are drinking less frequently than those in older age categories8 and the range of nonalcoholic after dark activities appears to be expanding.

Knowledge of the scale and mix of an NTE is becoming increasingly important for policy makers working across a variety of agendas, including public health, economics, community safety, crime prevention, planning, transport and creative and leisure industries. This knowledge is needed to help facilitate policies to promote vibrant but safe NTEs which cater for diverse audiences.

This report continues this research with a summary of key findings relating to Core NTE performance over the 2017 and 2018 financial years. This is presented at federal and state / territory level, followed by an executive summary for each current LGA member of the LGSCN.”

5.60 The information in the report demonstrates that in 2018, there were 108,061 ‘Core NTE establishments’ in Australia, employing more than 1,110,000 workers and recording sales turnover of over $134billion:

Figure 22: Diagram showing value of Australia's NTE (Source: Report Measuring the Australian NTE 2018)

5.61 In addition, the report breaks down the contribution of the Night Time Economy to various

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states and their LGA’s, with the City of Perth being the only LGA considered in Western Australia.

5.62 Accordingly, please find below relevant objective evidence relating to the Night Time Economy in the City of Perth from the report: “The mix of activities within Western Australia’s Core NTE is slightly different to that of Australia, with Food being slightly more prominent (64% of establishments compared to 63% nationally), which is also the case for the Drink sub-sector (10% of Core NTE establishments compared to 8% in Australia).

Conversely, Entertainment in Western Australia represents a smaller proportion (27%) of Core NTE to that of Australia (29%).

While Food and Drink are slightly stronger in Western Australia, their growth rates are markedly different; with Drink establishments declining by -1.8% since 2017 (almost returning to 2016 levels) and Food establishments increasing by +1.6%. This has had follow on effects to both employment (-2.5% and +0.5% respectively) and turnover (+1.5% and +4.3%). The key driver behind Core NTE employment growth in Western Australia is Entertainment, which has grown by +3.6% in the last year. This seems to mirror trends witnessed in other states, which have shown an increased prevalence of Entertainment activities.

In summary, growth in Western Australia has slowed a little in 2018 following its strong performance over the 2016 to 2017 period, but it is still increasing. This is particularly true in Food, which has increased modestly, and Entertainment which has shown particularly strong employment growth over the last year. Drink activities have declined slightly suggesting a potential shift in Core NTE activities that should be monitored.”

5.63 The Applicant submits that the growth in Entertainment may be due to the opening of OPTUS Stadium in early 2018, which had a significant, direct positive impact on the City of Perth Night Time Economy, and also have a positive economic influence indirectly on other businesses.

5.64 Please find below the breakdown of the elements of the Night Time Economy in the City of Perth:

5.65 The report outlines that currently, Western Australia has a lower proportion of Entertainment establishments compared to Australia and states: “While Food and Drink are slightly stronger in Western Australia, their growth rates are markedly different; with Drink establishments declining by -1.8% since 2017 (almost returning to 2016 levels) and Food establishments increasing by +1.6%. This has had follow on effects to both employment (- 2.5% and +0.5% respectively) and turnover (+1.5% and +4.3%).

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The key driver behind Core NTE employment growth in Western Australia is Entertainment, which has grown by +3.6% in the last year. This seems to mirror trends witnessed in other states, which have shown an increased prevalence of Entertainment activities.”22

5.66 The growing popularity of Entertainment venues cannot be understated. Small Bars, Taverns and Hotels are now incorporating new entertainment elements into their offering, whether it be bowling lanes, e-games, live music, quiz nights or old school arcade games, to the advent of new premises like Maniax (Axe Throwing), Holey Moley (mini golf) and Escape Rooms.

5.67 As the City of Perth contains the largest concentration of entertainment premises, it is logical that the City would be the beneficiary of the bulk of Entertainment spending:

Figure 23: Excerpt relating to the NTE for the City of Perth (Source: Page 59, Footnote 20)

5.68 As can be seen in the figure above, the City of Perth is responsible for the bulk of spending

22 Page 54 of report: Measuring Australia’s Night Time Economy (Footnote 20)

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across the three measures in the report being ‘Establishments’, ‘Employment’ and ‘Turnover’.

5.69 The Night Time Economy is an important factor in the overall viability of capitol city and entertainment precincts, and Nightclub premises have a significant role to play in the activation of precincts after 12 midnight in these areas.

5.70 WA has recently amended the WA Liquor Control Act to include the new Small Bar category has resulted in a large number of new, small bar premises in the Perth CBD, Northbridge and suburban areas, particularly entertainment precincts.

5.71 This is complemented by the continued approval of Tavern Restricted, Hotel Restricted and other license types in the 2019/20 financial year, that has seen the hospitality and accommodation amenity in Perth continue to grow. Please find below an excerpt from the DLGSC Annual Report 2019-20 outlining the number of liquor licensing applications that were determined in the 2019-20 financial year:

Figure 24: Excerpt from DLGSC Annual Report 2019-20 (Source: https://www.dlgsc.wa.gov.au/docs/default-source/the-department-document/department-local- government-sport-and-cultural-industries-annual-report-2019-20.pdf?sfvrsn=5893dfef_2)

5.72 The Applicant notes that none of the above determined applications relate to a Nightclub Licensed premises, and that Nightclub premises are the slowest growing of all licensed premises in Western Australia.

5.73 As can be seen on review of the above, there has been only one (1) Nightclub Licence approved in the past 10 years, for The Sewing Room, that is located in Murray Street and also supports the provision of live music in a late-night, licensed premises. The Applicant submits that there is no evidence in the public realm that the approval of a Nightclub Licence for The Sewing Room resulted in any increase in potential, undue harm or ill-health in the locality in which it operates.

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5.74 The DLGSC Annual report 2019-202023 also makes comment on its contribution to supporting live music, another indication of the importance of this genre of entertainment to the social and cultural fabric of our State: “The department delivered on the State Government’s election commitment to the Contemporary Music Fund for its first year in 2019-20. Forty-one successful applicants were provided funding for recording, professional development, and touring. This initiative is just another example of the support necessary to create our diverse and awesome music industry in Western Australia.

This year saw the fantastic refurbishment of His Majesty’s Theatre. The $6.5 million investment in this beautiful building included the installation of a custom-designed orchestra pit lift, new stairways, and a new box office. The refurbishment has allowed Western Australians to retain this incredible building for longer, in a magnificent state. I’m proud of the space this has created for performers, and for the community.

The State Government’s election commitment to “Elevate” is well underway, with construction of the external lift and bridge to the rooftop bar of the Art Gallery of Western Australia scheduled for completion by December 2020. This has been a challenging and exciting project for the department. In addition, the new museum, with an investment from Government of $400 million, is due to open to the public in November 2020 — this will be a long-awaited project for the entire Western Australian community no doubt!”

5.75 As stated above, the DLGSC consider live music and the promotion and support of the same to be important State Government initiatives and have devoted government resources to this funding. Further, the State has also supported the creation and licensing of the new Rooftop Bar (Elevate) at the Art Gallery of WA24, that can host up to 500 persons in the busy Perth Cultural Centre.

5.76 The Applicant submits that venues such as Club Paradiso will provide another avenue for musicians to record, develop and perform as well as provide a state-of-the-art venue with superior sound and the ability to live stream their performance to a global audience.

23 https://www.dlgsc.wa.gov.au/docs/default-source/the-department-document/department-local-government-sport- and-cultural-industries-annual-report-2019-20.pdf?sfvrsn=5893dfef_2 24 https://artgallery.wa.gov.au/elevate-agwa-rooftop

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6 Public Interest 6.1 The Applicant submits (with respect) that the conditional grant of a Nightclub Licence to the quality, experienced operator of Club Paradiso, will be in the public interest, and is supported by the 819 Consumer Questionnaires and numerous targeted letters of support submitted with the application.

6.2 The Consumer Questionnaires (Attachment 2) were completed by 819 respondents and the results have been summarised below:

Q1. Please tick the one that best describes you; 14.09% indicated Live in or close to the Perth CBD. 20.83% indicated Live elsewhere in the City of Perth. 65.07% indicated Live outside the City of Perth but travel to the Northbridge Entertainment Precinct for live music performances and events.

Q2. Please select the option below that best describes your visitation to the Northbridge Entertainment Precinct: 55.69% indicated Regularly visits the Northbridge Entertainment Precinct for live music entertainment. 35.25% indicated Occasionally visits the Northbridge Entertainment Precinct for live music entertainment. 6.49% indicated Do not go to the Northbridge Entertainment Precinct, but would if Club Paradiso application is approved. 2.57% indicated I have limited interest in live music entertainment. The above responses indicate that over 80% of respondents travel into the Northbridge Entertainment Precinct for live music entertainment.

Q3. My age group is; 80.59% indicated 18 - 25 16.85% indicated 26 - 40 1.83% indicated 41 - 55 0.73% indicated 56+

Q4. When looking for a late night entertainment premises, what do you look for? (Please tick all applicable). 74.75% indicated Late night live music premises. 75.74% indicated Safe and secure licensed premises. 36.27% indicated ID Scanning on entry. 40.56% indicated Availability of public transport options. 56.62% indicated Supports local, national and international acts. 60.17% indicated Located in the Northbridge Entertainment Precinct. 38.48% indicated Availability of food.

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86.89% indicated Availability of alcohol. When asked to comment on the above question, respondents left the following (but not limited to) responses: Knowing that there’s enough toilets on premises

Good DJs

Cleanliness and reputation respectful and safe atmosphere

LGBT Friendly Venues

Good and diverse music No harrassment from other patrons or staff

Good atmosphere

Security guards

High Sound Quality

Short queue time open till 5 and lgbt friendly shorter or fast tracked lines

0 harassment policy and active staff training on how to respond to situations like that

Riddim and drum n bass. Any sort of EDM

Free/low entry cost

Space, smaller clubs are unpleasant. Clubs with several “rooms”/dance floors, seating areas fees less intimate with strangers

Cheap cloak room/coat check, open until very late, good DJs, clean and classy

Good vibes

Good music and good vibes in general

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Good music, a thumping bassline

Something open late, known djs or performers not generic djs

GOOD DJ WITH MORE THEN ONE MUSIC OPTION

Production quality and Venue facilities, look at Technical Alliances venues

Safety of well-being

Good and quality production

Opened late

Play good music (rnb) aesthetically pleasing, multi-coloured lights, smoke machines near stages different theme nights, rap genre rooms, pop room etc

Space to dance and talk, not super dark and night clubby

Good music that is relevant and changes every week

Somewhere with a good and fun vibe. Something a little higher end.

How patrons are dressed and presented The venue has to have nights where different genres acts play like hip hop rnb or dnb Good nightclub music that caters to wide range of music tastes (e.g. where a club usually plays club RnB, but will also be open to playing pop, DnB, hardstyle, etc.)

Good and unique artists on frequently

Good speakers and stage production

Run by trusted owners who have real experience with proven success and safety outcomes. A nurse on site is proof that these operators take safety seriously.

Music that isn't generic

Easy to wait in line, safe fun venue with multiple stages and a smoking area

Screens for Audiovisual

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A good in house sound system

Open later than 3am

A clean venue, professional staff.

A well managed and smooth running of facility and event's, fairness and safepractice from security petsonal.

Inclusion of all groups to the space with safety of queer community members and other minorities paramount. Support for new and immersing artists, encouraging and cultivating the arts in perth

Zero tolerance policy to sexual harrassment and intimidation

Price of said alcoholic drinks and food prices

Q5. Subject to approval of the licence application, Club Paradiso will incorporate a variety of musical performers, including (but not limited to): Local emerging bands and musicians: Would you be interested in patronising Club Paradiso to watch local emerging bands and musicians? 71.45% indicated YES 11.50% indicated NO 17.06% indicated UNSURE When asked to comment on the above question, respondents left the following (but not limited to) responses: Maybe have 1 floor with a DJ and others with live music?

My whole friend group is based around Musicians and gig regularly and would be nice to have another venue for them to access

Supporting local is very important atm

The gigs local acts player are usually more casual, cost less, and draw in a more desirable crowd. would be different to other nightclubs in area

Good way for emerging bands to get exposure

Love supporting local music

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I don't often go out to watch bands

More known artists with good music is better

Support the local music scene I love live music

Always love supporting locals!

Good to support local DJS/Musicians

New venue, different experience for both the customer and the performer. Exposure for these emerging artists

I have many mates who are starting out / looking for more places todo gigs and entertainment to become more known

Have some live music but not the whole time

Everyone started somewhere, I feel like a night during the week would be great for local artists or even every second week in one of the smaller rooms ect i strongly believe in supporting local artists

Yesss we need some quality live music venues to see local musos!!

I have friends in local bands and would love to see them perform at more locations

Support Local

It’s good to support up and coming acts

Needs to be a platform for new musicians who aren't mates with promoters to be heard

Good for them to get exposure

Support locals

Love a night out filled with dancing, northbridge needs more variety

New & exciting venue

Support local music

We Have to support local acts to help them build their brand

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Support your local, Perth is full of up and coming talent.

Our local scene is great

Love to meet and see fresh local talent

Depends on the band.

I absolutely love live entertainment, I will always support local and enjoy a well planned event! supporting local music industry

I love supporting local music

I love live music! and love supporting artists and musicians!

Support local talent

As there is a lack of venues to support Local emerging Bands

There is a MASSIVE shortage of decent live music venues left in Perth

Support Local

While there are some live music venues i don't think there are enough / Enough diversity.

Q6. Musicians and bands from around Australia: Would you be interested in patronising Club Paradiso to watch Musicians and bands from around Australia? 95.85% indicated YES 0.98% indicated NO 3.17% indicated UNSURE When asked to comment on the above question, respondents left the following (but not limited to) responses: Support the arts

Australian acts can be hit or miss, I'll take them or leave them,depends on the artist

Good to see talent from the country

Yes because i would also like to make entrance into the music scene in perth

Support the locals

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Good opportunity to experience different music

Would be cool to switch up from the regular spots

Would love to see more hardstyle artists from around Australia big yes djs just know what to play and I feel like a lot more people prefer that type of music i love seeing the talent around our country

Because they make good music

Not my kind of scene

Support Local

Djs

Very popular with young people

Good to have diversity

Support aussies

I feel like there needs to be more variety in Northbridge especially with styles of music in venues

Awesome artits are out there

Support Australian music

There’s a huge talent pool that goes very unrecognised by commercial venues either because these acts aren’t booked or are unable to play the music they make nor the music they wish to play.

Love seeing all forms of talent

Depends on the musicians, DJ, band, performers

I love supporting Australian music

Absolutely, a good DJ makes a great venue

Be better gig than a large arena

There is a lack of current venues of this type

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I don't think there are enough venues in Northbridge catering to as many artists as possible - It feels very limited that artist diversity only comes around for summer festivals - A year round option in an entertainment precinct would be perfect.

Q7. International musical performers and acts: Would you be interested in patronising Club Paradiso to watch International musical performers and acts? 91.21% indicated YES 3.17% indicated NO 5.62% indicated UNSURE

When asked to comment on the above question, respondents left the following (but not limited to) responses:

Prefer Aussie music but not opposed to international artists

As long as it’s house, techno, drum and bass music

Love any music

International acts are a Crowd bringer of all ages and normally bring a set way the venue is run outside of the normal nightclub chaos

I listen to American artists more

Will bring a lot of attraction and we need a club like that in Perth.

It’s good to see new artists come up in the scene international performers in perth are rare and always sell out

Perth needs someone for international artist to come and have a good atmosphere Djs

Please get international DJ’s when borders open. Big acts !

Good to have diversity

Because who doesn’t love international acts, supports the business

Being able to have international artist would be a lot of fun

Could be cheaper then a gig at the arena

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My favourite acts are international

Love seeing all forms of talent

Depends on the performers and acts.

1000%, Am desperate to see more international tours of my favourite dj's!! would be amazing to put Perth on the map other than for being Covid-freed

Dependent on the acts, absolutely

There is a lack of current venues of this type

Who doesn't like an international act?

As above, it's very restricted to summer festivals for international acts, i'd love to see more in venues in the entertainment precinct.

Q8. Live DJ music performances: Would you be interested in patronising Club Paradiso to watch Live DJ music performances? 92.28% indicated YES 4.04% indicated NO 3.68% indicated UNSURE When asked to comment on the above question, respondents left the following (but not limited to) responses:

Love dj performances!!!

YES YES YES honestly can’t go wrong with djs

100% yes that’s me

Live DJ is my fav

Perth needs a good venue for di music

Healthy music scene = $ for small businesses

I am at every dnb event in Perth

I like dance music

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That’s the point of going out

ABSOLUTELY! Especially if there is a wide variety of types of music being performed like, trance, house, hardstyle, things you normally don’t get in nightclubs in perth

Bring back the drum and bass scene like it used to be

There’s a huge variety of international djs and a limited number of venues to host these acts and so I believe that a larger degree of choice in venues will not only improve the number of acts to play in Perth but also improve the quality of the experience for both patrons and the acts as a bigger choice in the market results in customers tending towards higher quality venues and hence other venues will make changes to keep up with this competitive market.

I love like dj performances

1000000% YES!!!! This is all I dream of for Perth! I have many friends in Karratha and Prt Headland who would fly to Perth in a flash for a bit of Holy Goof, Rezz or Habstrakt!!

It is exciting to see international acts come to Perth

There is a lack of current venues of this type

Q9. Subject to approval, the premises will be operated under a Nightclub Licence, as it is the only appropriate licence type (under current legislation) that will permit the late night operation of the premises to support the live music industry. Do you support the proposed Club Paradiso operating under a Nightclub Licence at 160 James Street in the Northbridge Entertainment Precinct, subject to approval from the Department of Local Government, Sport and Cultural Industries? 98.90% indicated YES 1.10% indicated NO When asked to comment on the above question, respondents left the following (but not limited to) responses:

Always good to have more options in Perth

What else would it operate as? That's the main nightclub district of Perth, so if a nightclub is to open that's the place it should do it.

You had me at nightclub

Sounds like a great addition to the night club scene for Perth

Perth needs new places that aren't filled with drunk idiots

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Strongly! Perth lacks night club venues and we need variety! it’s a perfect location

It will be good for the community

Heck yeah, need more venues with live music!

Perth definitely needs more night time entertainment, this would be great!

Good for Northbridge scene

Was just saying the other day that we need a new nightclub in Perth- everywhere is getting so busy,

If the location can be used for something rather than being vacant that people will enjoy, why not.

Yes Perth needs more good modern inclusive clubs

I feel that northbridge needs something new, something fresh that will bring more people into the city

There’s a limited amount of choice outside of commercial clubs in Perth and so a new club being opened especially one intending to host live acts and djs will give people like myself another option on a night out.

Always open to visiting new nightclubs

It would be great to have another club in perth and to give people more options on thier nights out

I have worked for the Director of the applicant company and his management staff in the past. I hold them in great regards and have no doubt they will run the venue safely and professionally. Also the proposed Club Paradiso would be near their Paramount club which will make easier for them to manage patrons and staff and make it easier for patrons to move between venues.

If the venue were to go ahead I know that myself and many other people of perth would be very excited. Not only will this be good for supporting local entertainment to grow a name for themselves through performing at ClubParadiso it also is a great opportunity to bring in international famous acts which can encourage more tourists to WA.

It would be good to have more safe nightclub options in the city of perth

Its an ideal location to travel to and from

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Looking back at when i was 18 (17 Years Ago) - There were way more options and diversity in late night venues, specifically nightclubs. I believe more options and more diversity is needed and will encourage bringing people back in from the suburban house parties into a safe and licenced premises.

Q10. If you answered YES to question 9 above, how often might you patronize the proposed, licensed Club Paradiso? 43.19% indicated Depends on performance schedule 22.40% indicated Weekly 25.12% indicated Monthly 9.28% indicated Other

Q11. If you answered YES to question 10 above, what aspects of the proposed Club Paradiso development appeal to you? (Please tick all applicable.) 79.27% indicated Providing a new and innovative live music premises in the Northbridge Entertainment Precinct. 58.55% indicated Ability to patronise a live music premises in the Northbridge Entertainment Precinct before and/or after a show at one of Perth’s larger venues. 70.34% indicated A multi-use performance space that can accommodate a range of live entertainment. 81.09% indicated Will host a diverse range of local, national and international DJ’s. 58.55% indicated Supports emerging local artists that have limited options in larger venues. 56.87% indicated Supporting live local, national and international music performances and acts. 52.20% indicated Ability to patronise a live music premises in the Northbridge Entertainment Precinct before or after enjoying a meal at one of Perth’s many restaurants and bars. 40.93% indicated Providing a Production Studio for local musicians and Sound Engineering students to use. 63.34% indicated Activating a building that is currently vacant and falling into disrepair. When asked what other factors may influence their decision to patronise the proposed Club Paradiso, respondents left the following (but not limited to) responses:

Line management, I don't want to wait over 30 mins provides a lgbt friendly club

I would like to see this space operate as a potential fringe festival venue for local performers.

Something unique and feels like they have spent money on the venue like magnet house

Perth needs a place that is going to reinvigorate Perth night life

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I would be interested in a new nightclub venue for clubbing rather than watching shows.

New place to go in the city is very appealing

Bringing more life into the city and MORE VARIETY not everyone likes the cookie cutter club seen in Perth give the people something different so not all the clubs in Perth are the same as they are right now

Healthy new competition allows all venues to strive for excellence in friendly competition

An other safe venue to go to. need more live music venues in perth

Q12. Do you believe that Club Paradiso operating under a Nightclub Licence with strict trading conditions will cause unacceptable undue harm or ill-health, in the locality? 4.71% indicated YES 95.29% indicated NO When asked to comment on the above question, respondents left the following (but not limited to) responses: one more club is just a small fraction compared to the rest of Perth

It’s not impossible but with security/bouncers who are appropriately responsive to situations and not looking for a fight, the venue could develop a good reputation where everyone feels safe.

Aslong as there is enough security

it’s already a cbd/club suburb

As a close resident to paramount night club, I know that the sound coming from there is a acceptable level to the residents near by. Being under the same management i assume that they will be similar to paramount

Because Northbridge is a disgusting place to add another night club for "late night" which is really just early morning. Staying open till the early hours just means you're lining your pockets at the expense of alcoholism and alcohol abuse that needs to be handled before adding another place to do the same in.

Actually, yes maybe all nightclubs have the risks

Don’t call it club paradiso if it’s not even gonna be a club. Live music isn’t a club

Perhaps both, depends on how you plan on working with harm reduction and keeping control

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People have to take responsibility for their own actions. It is never a venues fault when incidents occur.

Anywhere someone goes there is always a risk to injury no matter how much prevention is in place

Management should be aware of health & security measures and what not. Would be stupid if they state so but then perform otherwise

Just with COVID need to take precautions

Northbridge is already a huge nightclub area - one more wont change it.

This is a 50/50 question, if it is managed correctly then yes and issues are descalating before anything serious many places operate as nightclubs and they have fewer incidents then some bars in the area

It is already run down and needs a uplift

Everyone loves a good night out!

As long as security is high it will be safe

The usual people in the city will be no different, and I am sure this venue will make sure they have enough security and staff to deal with situations that have the possibility of getting out of hand

There is already lots of venues with a similar vibe in Northbridge, so it would only add to that.

Northbridge is already a location with a number of clubs so I don’t think adding a new one would add any level of harm to the area.

Because Northbridge is literally full of nightclubs

Alcohol = bad decisions.

Paramount killed a dude and caught fire so....

Yes, to every single venue in Perth causes harm. But there is much more good than harm, and believe this should get licencing approval.

No because I believe it can be done properly and with the right regulations and security it will work

There’s is no harm or risk to patrons attending venues under the nightclub license so long as both

79 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd patrons and the venue follow regulations. I myself have never been in a situation where I’m at risk or have felt at risk if the venue security have made me feel safe. The only times I have felt at risk is if security have not made me feel safe. Patrons injuring themselves is often due to their own choices and as such is something I’ve never felt is an issue for me.

There are plenty of other establishments that operate under the same conditions

No more than all the other clubs. It’s not the clubs, it’s the riffraff in the street

They have a strong team of management and the owner has years of running night clubs

Because other venues haven’t caused unacceptable harm. As long as this venue has good security then I don’t see a problem!

I have the utmost faith in Tristan Wroth, also, a lot of people want/need this to go ahead and therefor will make it work!

Due to how thorough Mario is with his procedures & security, coupled with the fact that local artists have limited outlets to perform in Perth, I believe it will be a great opportunity for not only patrons/regular visitors but also the entertainment industry and Perth’s upcoming local artists.

It really depends on the type of patrons that attend the venue on a regular basis. Some people avoid nightclubs if (in particular) male patrons are aggressive

The operator runs a good operation and has id scanning to prevent miscreants from entering

This is the ideal entertainment area of Perth

I think it will actually make it safer - Having more capacity and ability to bring more people into a safer environment with CCTV, Security, and known good operations team - Rather than having people on the streets, in lines, or at out of control suburban house parties. well operated and ID scanning

Q13. Do you believe that Club Paradiso operating under a Nightclub Licence with quality acoustic treatments, ID scanning and Licensed security personnel will cause unacceptable undue offence, annoyance, disturbance or inconvenience, in the locality? 6.58% indicated YES 93.42% indicated NO When asked to comment on the above question, respondents left the following (but not limited to) responses:

With adequate sound proofing since it is mostly inclosed it should be far quieter than similar clubs

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There's so many clubs already, one more will hardly make a difference. I live in Northbridge and noise from clubs has never been an issue

People live in a well known nightclub area, they know what they are getting into

It's northbridge, if you want peace and quiet live elsewhere that is known

It’ll cause less because people have things to do taking extra precautions to make it a safe and respectful venue

Operating team

It is an entertainment precinct if you cant handle noise dont live there.

It’s important to have id checks especially if a patron is in a fight or aggressive can look back and ban the Patron or report them this works very well as I also work in a bightclub most people prefer the extra security of id scanning and it will stop underage people

Northbridge is already vibrant with night-life no! it'll be great

This all seems like reasonable action to prevent harm.

Again, northbridge is a nightclub precinct

There are plenty of other clubs around

There are already other bars and clubs in that area, James street is kind of known as the club scene of Perth so it wouldn’t do any harm

They have measures in place to ensure this does not happen.

Other nightclubs such as Paramount have a very thorough ID and security system and is a lot safer than other nightclubs. I’ve never heard of anyone complaining about thoroughness, I have only heard good things such as relief that there is such a great system in place to keep patrons safe!

It's been treated

Northbridge is an entertainment precinct and previously had more venues without issue.

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Q14. Do you believe that it is the public interest to permit the proposed Club Paradiso to operate under a Nightclub Licence given the harm and noise minimisation initiatives to be implemented by the Applicant? 80.53% indicated YES 19.47% indicated NO When asked to comment on the above question, respondents left the following (but not limited to): of course it'll bring far more people into the city looking to have a meal then a later show which isn't something that is currently offered much

Freedom to have the opportunity for new exciting developments for the city of Perth

Noise has no part in the harm another club will bring. The people that live in NB do so knowing that it has noise problems from other venues. a broader venue for live music will attract crowds but will also reduce the need for people to travel between different clubs

As long as they have it under control they’re doing good

They have measures in place to ensure this will happen.

We need to re-invigorate Northbridge and boost our economy post COVID

More choice to support local artists

Yes it is in the public interest, DEVA are known to be good operators.

Live music is great, benefits economy and brings people to Perth

6.3 At the end of the Consumer Questionnaires respondents were given the opportunity to make further comments in relation to the application for the proposed Club Paradiso; some of the responses are listed below: I was a northbridge resident for 6 years (now leederville) and actually lived at 191 james street. The area in question is like the last piece of the puzzle to revitalise the street. Hope you guys do well and bring a safe healthy life back to Perth city for all age groups and people

I am all for this new venue, I really do hope it goes ahead Mario is one of the most experienced professional operators in the entertainment industry and will only bring a high-level secure environment for patrons to enjoy in a controlled manner.

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An exciting opportunity to showcase great Australian and international artist and a safe enjoyable place to have fun in WA.

I believe this will help revitalise the area

2 local Perth artists: Coterie Rami Would be amazing for your opening night if you would consider it :) Coterie is known for sold out shows nation wide! Check them out.

Think this is a excellent idea to use a building that is in disrepair aswell as give a boost to the local music life and there is no better or more professional and responsible management team to pull this off

Honestly sounds pretty cool and I hope they do it well i think the club is a brilliant initiative and will be just what the city needs. if the last year has taught us anything, it is that supporting those around us (like local artists) and enjoying a night out is very important

Perth needs more venues like this to support & develop the entertainment industry

Perth desperately needs fresh night club to give some new excitement to the city

It would be very nice to have a new night club in Perth. I would appreciate it if they keep to the traditional aesthetics of the building, this would give it a unique vibe not offered by the current clubs in Perth. I do also consider it a shame that the cinema has been permanently closed as I very much enjoyed visiting it to watch movies in an old fashioned cinema so please keep the traditional design of the building if possible. I would love to see more live bands on a night out, currently most clubs only offer djs so this aspect would also differentiate club paradiso from the current clubs in Northbridge.

Need a bigger nightclub in Northbridge that has experienced DJs that will always play some bangers.

I think opening a new club will be great for perths nightlife. DJ's and live music performers (local, national or international) need new spaces to perform in Perth. I think Mario will do quite well considering how much experience he has aquired after owning a few venues and will attract current and new party go-ers in perths night scene!

It will a brilliant go to place catering for all ages as perth has never seen anything like the potential this has for the people of perth. It will be great

Live Music needs more safe, larger and secure options than ever right now before the entire live entertainment industry collapses post Covid19

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It will enhance the surrounding area and remove a monopoly within the industry at this time.

With so few venues offering live music these days (especially after the effects Covid and capacity restrictions), a new venue offering to regularly support local talent while having the in-house capability to host large international acts ABSOLUTELY has my vote!!!!

They will turn something unused into something spectacular.

Northbridge needs a new nightclub that can cater to multiple music styles and age demographic .

6.4 Given the strong positive response to the Consumer Questionnaires by more than 800 respondents, supportive comments in relation to the proposed manner of trade at Club Paradiso and the majority age of the respondents, the Applicant submits that the proposed premises Club Paradiso operating under a Nightclub Licence has an uncontroverted consumer requirement.

6.5 The Applicant has also received numerous letters of support for the application from various eminent persons, elected representatives, local residents and businesses, industry bodies and organisations as can be seen in the excerpts below:

6.6 Please see below some excerpts from the letters of support: “The WA live music scene relies heavily on small to medium sized venues to do the majority of the heavy lifting and to provide a platform for the Perth music industry: regarded by many as Australia’s most vibrant music scene. These venues are those most prone to ongoing churn and therefore it is important that new venues are constantly opening as others close. Much has been made in recent times about the closure of live venues and whilst venues closing is a natural occurrence, barriers to new venues opening up throws the system out of balance.

Having Club Paradiso come on line as a live venue in the Northbridge Entertainment Precinct is important for the local industry and its wider supporter base. It will provide an economic shot-in-the-arm for local bands in terms of live performance opportunities and the flow on effect for their national profiles; as well as delivering an important social impact for local music lovers in that it will be another venue for them to attend live gigs. It is recognised that a strong music scene delivers significantly to a vibrant night-time economy. It is also recognised that live original music offers a safer environment than other pursuits, as the music is the primary destination and drinking a secondary aspect to that.” Mike Harris, Chief Executive Officer, West Australian Music

“Research undertaken by the department of culture and Arts indicates that the contemporary music industry in WA has a total economic impact of nearly $1 billion per annum, and is an important contribution to new employment, with nine new jobs created for every $1 million increase in output in the industry. Given the variety of possible events

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The operator, Mr Mario Madafarri is established in the market. He previously operated Metropolis in Fremantle, which was subsequently sold over a decade ago, and currently operates Paramount in Perth and the Discovery Nightclub in Darwin. Mr Madafarri is also the creator of the Nightkey ID scanning system and the proposal includes a range of harm minimisation measures and strategies to ensure the safety of visitors to the venue.” Derryn Belford, Acting Managing Director, Tourism WA

“The Northbridge Entertainment Precinct is an important part of our city, and it is vital that we continue to grow and support young and emerging artists, with a range of venues that enables them to perform for a home crowd. In addition, there is a gap in the local Perth live music market, with most venues accommodating approximately 300 – 400 persons, and then we have very large venues such as RAC Arena and OPTUS Stadium.

The proposed Club Paradiso will be a multi-level venue, with an overall focus on providing a live music, that will also be supported by small bar areas and an alfresco space on the ground floor.

As you may be aware in 2017, the Perth City Summit convened with over 350 delegates, including local residents and small business, and one of the key priorities identified for the city was creating a more vibrant livable city. Crucial to achieving this goal is encouraging active and energetic entertainment precincts, acknowledging that they contribute to the cultural significance, tourism benefits, and economic activity of our local area.

I believe that the grant of the application will provide a boost for the economy of the Northbridge Entertainment Precinct and the Perth CBD.” John Carey MLA, Member for Perth

“My own band Eskimo Joe, along with other well-known names like Birds of Tokyo and Tame Impala (to name a few) all got their start and developed a following via local music venues in Perth. I can say without doubt, that Eskimo Joe would not have achieved the success we did without the support of local live music venues in Perth, where we could become true

85 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd entertainers and where we were able to introduce ourselves to a local audience, and grow our fan following.

In 2020, it seems that there are fewer venues willing to offer an opportunity to new local talent than there was when we were starting out, and without entry and mid-level venues; talented, local musicians will never have the opportunity to achieve the kind of success that Eskimo Joe was fortunate enough to realise.

It is a great thing that local and State governments are finally understanding the economic and social benefit that live music provides in the community. Night time economic activity is being considered when designing new cities and redeveloping older areas to meet the contemporary requirements of today. The music industry in Australia is worth many millions of dollars annually, and a new venue with the ability to host up to 1,200 people will bring a new era of talent and performance to Perth, that is currently not able to be accommodated in the CBD.” Kav Temperly, Lead Singer/Guitarist, Eskimo Joe

“I am a local musician who has studied music, teaches music and play in the following bands: • Tom Fisher and the Layabouts (original band playing rock, blues and other musical styles), • Government Grunge - Perth's ultimate authentic grunge experience, • Oats Supply (80's style cover band), • The Dead Flowers, and • I also perform with a number of other local musicians including Billy Rogers, the All Star Band, Billy and the Broken Lines and some solo gigs.

It is vital we have new, live music venues opening in· Perth, especially with the closure of The Bakery, Devilles Pad and Kulcha; musicians of all persuasions need venues to play in for exposure to the market, and a nightclub licence permits that type of late night entertainment that caters to music lovers and performers alike. I support the application for a Nightclub licence for Club Paradiso as it will provide another venue for local musicians to play and promote their art, and for people to enjoy a live musical performance without the need to go the very large (and often expensive) venues like RAC Arena, OPTUS or HBF Stadium and other large concert venues in Perth.” Kilian Albrecht, Guitarist and Songwriter, Government Grunge, Tom Fisher & the Layabouts, The Dead Flowers

“We work with a number of internationally acclaimed artists who have enjoyed a strong measure of success, and now require larger venues to accommodate bigger audiences. Please find below three example of artists who would undertake to perform in the proposed Club Paradiso, subject to the premises being conditionally approved to operate under a Nightclub Licence in the public interest:

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• WILL SPARKS • HAVAN BROWN • TIGRELILY

Many of Perth’s current venues cannot accommodate the above artists, due to venue size and ticket pricing (i.e. would have to charge exorbitant fees for tickets to 300- 400 capacity venues). Currently in Perth, there are only a handful of venues able to accommodate these artists, and with the popularity of EDM (Electronic Dance Music) growing year on year, more venues are needed to accommodate the audiences.

The ability to attract these successful and popular artists is furthered by the addition of venues to live stream to fans across the country and the world. Due to the shutdowns associated with COVID, more are more people are becoming accustomed to live streaming performances, and the ability to do that within a quality club/production environment is of paramount importance.

We have spoken to Mr Madaffari regarding the proposed size and layout of Club Paradiso, the Production facilities to be available, high quality, state-of-the-art lighting and sound amenity and other aspects of the premises that are relevant to our clients.

Lucky Ent strongly supports the approval of a Nightclub Licence for Club Paradiso in the Northbridge Entertainment Precinct in Western Australia as being an ideal place for a new live music premises, and in recognition of the exclusive industry experience and reputation of the Director of the applicant company Mr Mario Madaffari.

We appreciate the opportunity to contribute to the objective evidence before the Director of Liquor Licensing that will be considered in the decision making process in the public interest.” Luke Spags Giannoukas Head Agent, Lucky Ent

6.7 The Applicant also approached local businesses within the Northbridge Entertainment Precinct, and found many supported the proposed Club Paradiso in the public interest (Refer Attachment 3).

6.8 Along with the above stakeholders, patrons of live music venues were also approached and invited to provide written support for the proposed Club Paradiso. Please find below excerpts from the letters of support provided by potential patrons of the venue:

“I think Perth and Northbridge need more places that support local bands who are trying to break into the music industry, and the new Club Paradiso will provide that opportunity, as well as attracting people from around Australia and overseas who need a larger venues than is currently available.

Lice music is an important part of the Northbridge Entertainment Precinct, and having a focus on entertainment means that people can enjoy the music, dance and maybe even

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download/purchase songs they hear while they are out.

I have seen Northbridge change for the better over the past 2-3 years, and believe that granting a nightclub licence to Club Paradiso will make Northbridge a better place to be and attract more people into the area who love live music and are ready to support he industry”. Lucy Smith, local patron

“I love live music and go into Perth, Fremantle, Leederville or Northbridge most weekends to hear bands and DJ’s. The energy at a live music gig is so invigorating, and I really enjoy supporting local bands and seeing artists from interstate and overseas.

As someone who regularly goes to the Paramount (about once a month), I can say with certainty that I think the operators of that venue are very experienced in crowd management, run the premises so it is safe for patrons, and do a great job of keeping everyone happy while ensuring that anyone who wants to cause a scene is removed and not permitted back into the venue.

I have been told about the concept for the proposed Club Paradiso, and think that the idea of an open air area on the ground floor, and somewhere you can eat and sit down for a spell is a great idea. I will certainly be using it in between sets and dancing the night away.

I would be really grateful to patronise Club Paradiso and hope that you will grant the nightclub licence in the public interest.” Aimee Littlejohn, Patron and live music lover

“I have been a patron of Paramount for about 5 years and believe that it is the safest run nightclub in Perth. Everyone feels welcome, the rules are well known and communicated to patrons on arrival. The Crowd Controllers are firm but respectful and I always feel safe when I am in the club, and when leaving. More than once, I have relied on Paramount staff to help myself or friends and they always do so in a professional yet friendly way. While I have never used it, I know they have trained First Aid attendants there, to help anyone who might need it – another great idea that is not available at other late night venues in Perth.

I have been shown the plans for the proposed new Club Paradiso and think the separate areas, ground floor alfresco and lounge bar that has food are all great ideas to have in a club in Northbridge. In Perth, we seem to be about 5 years behind everyone else, and the concept for the new venue reminds me of clubs I have been to in Melbourne and Sydney, many of which include areas with seating and where you can get something to eat if you want to, without having to leave the club then line up again to get back in.

I hope you will approve this application so that Perth can get a new club premises, run by an experienced operator and that is more contemporary than those currently available, and that supports more acts coming and performing in Perth.” Neket Shah, Paramount patron

6.9 The premises will be operated in a safe and responsible manner, and the Applicant will

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actively take part in and support the goals of the City of Perth’s ‘SafeCity Strategy 2020- 2024’ (Attachment 16) which includes the following focus Areas: • Safe Environments, • Surveillance and monitoring, • Anti-Social Behaviour, • Drugs, Alcohol and Mental Health, and • Emergency Management.

NightKey2.0® ID Scanning and Patron Management System 6.10 As a safe and responsible licensed premises operator (subject to approval), the Applicant will install a NightKey2.0® Patron Management system to manage patrons entering the premises. Please refer to Section 3 of this PIA for detailed information on the NightKey2.0® ID Scanning and Patron Management System.

6.11 The NightKey2.0® ID scanning system will support the Approved Managers, RSA staff and Licensed Crowd Controllers at Club Paradiso as NightKey2.0® Patron Management is a state of the art ID and biometric scanning system that also has the ability to assist WA Police and other authorized persons with inquiries. The Applicant is committed to making the system available to authorized persons upon request.

6.12 The NightKey2.0® ID scanning system picks up the presence of patrons that have been banned from the venue via their fingerprint and lets venue managers and Crowd Controllers know: • The NightKey2.0® reference number of the patron. • Name • Date of Birth • Time of attempted entry/entry • Terminal used for attempted entry/entry • Type of Attempt (ID/Banned FingerPin entry • Ban period (From and To or LIFE BAN) • Reason for Ban

Perth Liquor Accord 6.13 The Perth City Liquor Accord is chaired by a City of Perth councilor and includes venue Licensees, and representatives from the WA Police (including the Liquor Enforcement Unit), the City of Perth and the Department of Local Government, Sport and Cultural Industries. Together members develop and deliver strategies that encourage a safe and welcoming environment for patrons at licensed venues and surrounding areas. Mario Madaffari is currently an active, participating member of the Perth City Liquor Accord and engages in all resolutions of the Accord, as well as contributes to Accord discussions and activities.

Access to the Premises 6.14 The premises being located in close proximity to Perth’s largest public transport hub will be a positive benefit that will assist patrons with their departure plans, reduce taxi waiting

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lines and help reduce the number of persons in the public domain looking for transport to go home.

6.15 There are some train and bus services departing the Perth CBD after midnight, and these will be readily accessible to patrons who choose to depart Club Paradiso to use public transport to get home (or part of the way – i.e. catch train to Fremantle then Uber/Ola/DiDi/taxi home).

6.16 There are taxi ranks in close proximity to the proposed premises, that are managed by the Swan Taxi’s on Friday and Saturday nights.

Figure 25: Excerpt from Swan Taxi's website (Source: https://www.swantaxis.com.au/secure_taxi_ranks.php)

6.17 This secure taxi rank is located just meters from the proposed Club Paradiso, alongside Rosie O’Grady’s:

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Figure 26: Google Map showing distance between Club Paradiso and secure taxi rank (Source: Google Maps) 6.18 In addition, the Rideshare services such as Uber, Ola and DiDi have grown in popularity over the last 12-18 months and are now considered commonplace.

6.19 Not only are more riders using these services, but the number of drivers has increased the availability of safe, transport options during late night hours.

6.20 As outlined previously in these PIA submissions, Crowd Controllers will assist patrons (if required) to find their relevant Rideshare vehicle when departing the premises.

6.21 The close proximity to a range of public transport options will be complemented by the Patron Management Plan for Club Paradiso which will address the need for patrons to leave the premises in a safe and orderly fashion and be considerate of neighbours.

Complaint Resolution 6.22 Prior to lodging the application with the DLGSC, the Applicant undertook to consult with local business owners in the vicinity surrounding the proposed Club Paradiso, advised them of the proposal and has provided written confirmation relating whether or not they support the application in the public interest (Attachment 3 – Business Petitions).

6.23 Should the premises receive a complaint directly or through the City of Perth, they will take the following steps to identify and rectify any concern that may be associated with the operation of Club Paradiso. The Complaint Resolution Procedure includes actions such as: • Providing after-hours contact details of Club Paradiso to local council, local WA Police and other relevant authorities; • Provide a procedural framework for staff who are nominated to deal with any complaints Club Paradiso may receive (Attachment 4g - Complaint Resolution Procedure); • Set up a procedure to follow in regards to receiving complaints including:

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o Day, date and time the complaint was made or is referring to. o A reading of the exterior noise at the premises (with onsite Sound Level Meter) which will be recorded. o The name of the person making the complaint, where they are from (physical address) and their contact details. o Specifics of the complaint including when, where, what and any other relevant details. o A timeframe within which Club Paradiso will respond to the complaint in writing.

6.24 Some complaints are made in person. Staff while on shift will be trained to advise the Approved Manager of the issue and have them deal with the complainant. Approved Managers will; • Remain calm and courteous and move to a quite area to address any concerns. • Be empathetic and considerate of the person making the complaint. • Not be dismissive of the complainant’s issue. • Assure the person that the complaint will be followed up on within a reasonable timeframe (24 hours will be allocated for primary contact) and provide contact details of the person who will be following up. • Clearly identify the concern and any resolution that the complainant maybe seeking. • Focus on the issue, not the person making the complaint. • Avoid assumptions and try to see the matter from the complainant’s perspective. • Thank the person for bringing the matter to your attention.

6.25 The Applicant is aware of the new University Precinct being established in the Perth CBD, and notes that this kind of forward thinking investment into the Northbridge area is likely to attract a new cohort of students and faculty to live and study in the City. “A new $695 million university campus will be built in the heart of Perth as part of a $1.5 billion city deal.

Edith Cowan University will relocate its schools of law and business as well as the Western Australia Academy of Performing Arts to a site at Perth City Link, adjacent to Yagan Square. The site also adjoins Perth Railway Station and a major bus interchange.

The campus will open by 2025, accommodating 9,200 students and staff. That number is projected to grow to 11,000 by 2034.”25

25 https://architectureau.com/articles/695-million-university-campus-to-be-built-in-central-perth/#img-2

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Figure 27: CGI render of the proposed new, CBD campus (Source: https://www.abc.net.au/news/2020-09-20/ecu-to-relocate-mount-lawley-campus-to-perth-cbd-in- 2025/12682536)

6.26 With WAAPA moving into the CBD, the locality will have an even stronger focus on performance and the arts: “ECU vice-chancellor Steve Chapman said WAAPA would be the centrepiece of the new campus. Every evening at 7:30, three, four, maybe more performances will be happening," he said. Three to four hundred performances every year — it will be like a mini Fringe [festival] happening in the city throughout the entire year."26

6.27 The relocation of the ECU Campus from Mount Lawley to the Perth CBD will add to tertiary education amenity in the City, with Curtin looking to expands it CBD footprint beyond its business and law school, and Murdoch University’s proposed ‘vertical’ campus and eSports hub.

6.28 “Planning Minister Rita Saffioti said the relocation of ECU's Mount Lawley campus to the CBD would "revitalise" the city centre. "I think this is the biggest announcement for the Perth city in the history of the state," she said. "I think it'll completely transform the city and bring that activity, that vibrancy, that we've all wanted and I think other cities have been able to achieve through having university campuses."27

6.29 Further, the new campus’ will bring with them new employment opportunities across a

26 https://www.abc.net.au/news/2020-09-20/ecu-to-relocate-mount-lawley-campus-to-perth-cbd-in-2025/12682536 27 https://www.abc.net.au/news/2020-09-20/ecu-to-relocate-mount-lawley-campus-to-perth-cbd-in-2025/12682536

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wide swathe of industries, and reinforce the Perth CBD as the WA’s premier entertainment precinct.

6.30 The Applicant also believes that the proposed Club Paradiso will also cater to the growing number of people who reside in the Perth CBD, who have the following characteristics that make them potential patrons of the proposed Club Paradiso, and identified in the City of Perth Community Profile: • Above average median household income, • Lower percentage of couples with children, • Higher percentage of high-density housing, • Higher percentage of residents with a University Degree, and • High SEIFA score of 1049 compared to WA (1033).

7 Research Section 38(4)(a) of the Act – Harm or Ill-health 7.1 In compiling this Public Interest Assessment, the information sources considered were as recommended by the Director’s Policy on Public Interest Assessment submissions, last amended 16 April 2020. The following sources were reviewed to better understand the harmful effects of alcohol abuse on the community, and the strategies recommended in reducing or eliminating the harm caused by alcohol in the community.

7.2 The information sources reviewed were as follows:

Source Reference WA Police www.police.wa.gov.au/AboutUs/AboutUs.asp?SearchCrimeStatistics Australian Institute of Criminology www.aic.gov.au/stats/aust/wa.html University of Western Australia www.crc.law.uwa.edu.au/facts_and_figures/statistical_report Office of Crime Prevention www.crimeprevention.wa.gov.au Population Health (WA) www.population.health.wa.gov.au/communicable/immunisation.cfm Drug & Alcohol Office www.dao.health.wa.gov.au Department of Racing Gaming & www.rgl.wa.gov.au Liquor Australian Bureau of Statistics www.abs.gov.au National Drug Strategy www.nationaldrugstrategy.gov.au Office of Road Safety www.officeofroadsafety.wa.gov.au WA Planning Commission www.wapc.wa.gov.auTable 1: Information Sources National Drug Research Institute www.ndri.curtin.edu Department of Indigenous Affairs www.dia.gov.au National Health & Medical Research www.nhmrc.gov.au/your_health/healthy/alcohol/index.htm National Centre for Education & www.nceta.flinders.edu.au/projects/documents/Young_People_and_Alcoh Training on Addiction Adelaide ol_Report.pdf Australian Government Department Http://health.wa.gov.au of Health & Ageing 7.3 It would appear following a comprehensive review of the reports available on the websites as listed above (Table 1) that violence can be attributed to many factors. Of particular note

94 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd is the excerpt (see below) from “Preventing Violence: The State Community Violence Prevention Strategy 2005, A Green Paper Policy Framework for Development”, a collaborative publication with input from the following reference sources: • Department of Justice • Department of Health • Department for Community Development • Department of Education and Training • Office of Road Safety • The Drug and Alcohol Office • Department of Sport and Recreation • The WA Local Government Association • WA Police

“Much is known about the causes of the crime and the effectiveness of a range of interventions. While continuing to grow on an almost daily basis, this information presents ample opportunity for limited resources to be better targeted to address the causes and to ameliorate emerging harm. There are many theories on what causes violence which could be broadly categorised around “individual” or “community/environmental” factors.

“Individual” theorists say that, given the human history and continuing record of war, persecution and suppression, humans are an inherently violent species. Others point to genetics, hormonal or chemical precursors, biological and mental pathology or learned cognitive/behavioural responses.

“Community/Environmental” theorist suggest poverty or economic circumstances, political environmental (war, racism et cetera), cultural norms and attitudes, role modelling or social learning as root causes of violence.

The research demonstrates: ▪ The nature and outcomes of crime are the result of a complex relationship between a number of factors that relate to the individual, the community and environment, and the specific situation in which crime occurs; ▪ Social and cultural norms play a key role in how the community perceives and responds to crime; ▪ Low socio-economic status and social exclusion are closely linked with criminal behaviour; and ▪ Crime outcomes, together with a range of other conduct and behavioural, social cognitive and health outcomes can be influenced by appropriate intervention in the early years of life, targeting “risk” and “protective” factors.

A growing body of evidence points towards the interaction of a range of factors in shaping behavioural outcomes. While each of the factors described above plays a role, attempts to separate out a single cause that will only address and respond to a small part of the

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problem. Regardless of the causes, violence is not acceptable, and the available evidence shows that much can be done to prevent it” (Attachment 15 - Preventing Violence)

7.4 Further to the above, the Designing out Crime Planning Guidelines produced by the WA Planning Commission were considered when designing the premises and writing these PIA submissions.

7.5 The Applicant believes the guidelines will be beneficial to the overall success in minimising potential undue harm or ill-health at Club Paradiso (operating under a Nightclub Licence).

7.6 The principle design headings for Designing out Crime that will be considered at Club Paradiso, are recognised by environmental and design practitioners and educationalists in Australia which are considered and developed at a local level, are based around 5 design and usage concepts: • Surveillance • Access Control • Territorial Reinforcement • Target Hardening (Security Measures) • Management and Maintenance

7.7 Having considered the above principle design and usage headings when designing Club Paradiso, the Applicant submits the following in addressing the design and usage concepts.

• Surveillance The entire venue will be covered by extensive CCTV, including exit and entry points. In addition, James Street where the premises is to be located (subject to approval) is under surveillance by the City of Perth, which installed extensive CCTV throughout the CBD and Northbridge. There is also a trial of facial recognition cameras in East Perth28, which (if implemented) could also work with the proposed Club Paradiso’s ID scanning system.

• Access Control All entry/exit points will be monitored by CCTV surveillance and recorded as per the Directors Policy on Security at Licensed Premises. Qualified Crowd Controllers will be employed at the premises. All Patrons will be subject to ID and biometric scanning procedures to access the premises, so they can be easily identified by authorised persons in the event of an incident at the premises.

• Territorial reinforcement Appropriate signage and physical boundaries substantially identify Club Paradiso. Further to this, staff will undergo training in procedures relating to all access and evacuation points.

28 https://www.abc.net.au/news/2019-06-08/city-of-perth-rolls-out-new-facial-recognition-cctv-cameras/11147780

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• Target Hardening (Security Measures) All entry/exit points to the venue will be secured by quality locking devices, with regular monitoring and maintenance, as well as CCTV throughout the premises and Crowd Controllers monitoring the surrounds of the premises.

• Management and Maintenance Club Paradiso will be in good repair at all times and well maintained. Staff will be trained to identify and report problems immediately to management should they notice any type of (but not limited to) graffiti, broken locks and/or damage.

7.8 Further to the above the following will be considered as crime reduction measures:

Lighting – having the area in and surrounding the venue, well-lit areas discourage any anti- social behaviour as it greatly increases the chance of detection and recognition. Due consideration has been given to both internal and external lighting at Club Paradiso to ensure the safety and security of patrons.

Landscaping – similarly, it is important that you do not obscure sightlines and create small areas of potential concealment. There will be no concealed areas near the entryway to Club Paradiso.

General appearance – if a place has a quality fit out and appears well looked after, people are less likely to loiter or be anti-social. Staff will be instructed to keep the premises clean at all times.

Entrapment places – it is important not to create areas capable of trapping people such as recessed Automatic Teller Machines or narrow alleyways. There will be no ‘entrapment places’ within the proposed Club Paradiso.

Activity generators – having a broad range of uses that are available at varied times creates passive surveillance and an image of liveliness that is unattractive to most criminals. The Applicant believes that the operation of Club Paradiso as a late night premises will discourage anti-social behaviour in the close proximity to the premises due to the activation of the area. Further to this, the presence of qualified Crowd Controllers will further mitigate any negative impact on the surrounding locality.

7.9 The CCTV coverage will be in accordance with the Director’s Policy on “Security at Licensed Premises” and the Approved Manager at the premises will be trained how to operate the CCTV to access information should it be required by WA Police or another, authorised third party.

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8 Applied Research Section 38(4)(a) of the Act – Harm or Ill- health

Social Health Indicators “At Risk” Groups 8.1 In compiling these PIA submissions the Applicant has considered “at risk” groups as identified by the DAO Interagency Strategic Framework 2011-201529 and noted in the Public Interest Assessment Policy last amended 16 April 2020. The determined “at risk” groups may include; • Children & young people • Aboriginal people and communities • People from regional, rural and remote communities • Families • Migrant groups from non-English speaking countries • People in low socio-economic areas • Mining communities with high number of itinerant workers and/or • Communities that experience high tourist numbers

8.2 Having considered the above identified “at risk” groups and reviewed the priorities for each group as noted above, the Applicant wishes to confirm an ongoing commitment to supporting local community groups and strategies tasked with reducing the effects of alcohol (if any) on the locality and surrounding area. Please refer to strategies to minimise and mitigate potential, undue harm or ill-health throughout these PIA submissions.

8.3 The following table demonstrates the “At Risk” groups which may be relevant to Club Paradiso operating under a Nightclub Licence (subject to approval): Identified group Locality Western Australia Population under 14 years 6.90% 19.26%

Indigenous Persons 0.76% 3.07% Families with children 21.63% 45.30% Families without children 66.35% 38.50%

Australian born residents 36.45% 60.33%

Speak only English at home 53.38% 75.21%

8.4 The Applicant submits that the above data was compiled using the latest statistics available from the Australian Bureau of Statistics 2016 Cen sus Data (Attachment 13) for the locality

with a population of 34,116 persons. Please note that parts of the suburbs that make up the

above statistics include areas outside of the ‘defined 2km locality’.

29 https://www.mhc.wa.gov.au/media/1721/drug-and-alcohol-interagency -strategic-framework-for-western-australia- 2011-15.pdf

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8.5 Based on the comparison table above, it is of note that the percentage of Families with Children in the locality is significantly lower when compared with Western Australia. Accordingly, the rate of Families without Children is substantially higher in the locality, which is to be expected in a CBD environment that is generally more attractive to younger adults without children, and those who embrace apartment living.

8.6 As seen in the table above, more than half of the residents in the locality Speak Only English at Home which is lower in comparison to the Western Australian rate.

8.7 Having identified the “At Risk” groups in these PIA submissions, the Applicant submits that the percentage of Indigenous Persons (0.76%) present in the locality is significantly lower than the average for Western Australia (3.07%).

8.8 The Applicant notes the statement made in decision A000057234 which states; “Minimising alcohol-related harm is one of the primary objects of the Act; however, as observed by Ipp J in Executive Director Public Health v Lily Creek International Pty Ltd & Ors [2000] WASCA 258 the harm minimisation object under the Act is not about preventing harm absolutely. Consequently, I need to consider the grant of the application in terms of the risk of any increase in harm and whether any potential increase in harm is unacceptable.”

8.9 Along with the above statistical data, the Applicant notes that with the completion of the Perth City Link project, Elizabeth Quay, OPTUS Stadium, the improvements to the Perth Cultural Centre, as well as more high-density apartments and increased hotel accommodation in Perth and Northbridge, the Perth CBD will become more highly populated, as Perth embraces the residential apartment living model, and more people come into the City for their dining and entertainment needs.

8.10 As stated previously in these PIA submissions, the City of Perth (LGA) population is forecast to grow to 49,107 by 204130 according to forecasts which does not take into account the growth in residential apartments in Northbridge or Highgate, as both main residential areas are located in the City of Vincent.

8.11 As well as the economic and employment growth in the Perth CBD, it is the contention of the Applicant that the residential population of Perth has been growing at a steady rate for the past 15 years, and is forecast to continue to grow, resulting in a larger population that requires additional amenity.

8.12 Given the above statistical data, the fact that the Applicant is an experienced Licensee operator with no known liquor infringements, the Applicant believes that on the balance of probabilities, there will be minimal negative impact as a result of conditionally approving this application in the public interest, given the following measures are undertaken: • The Applicant has considered during the design phase of the venue the “Designing out

30 https://forecast.id.com.au/perth

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Crime Principals 2006” to be implemented at Club Paradiso. • Anti-social behaviour and crime prevention are a serious considerations for the Applicant, who will operate the proposed premises in accordance with DLGSC policies, the Liquor Control Act 1988, any conditions on the licence and industry best practice – honed by many years of operating late night licensed premises. • Substantial CCTV and suitably trained crowd Controllers will monitor the venue in accordance with the Director’s Policy on Safety and Security at Licensed Premises. • The venue is targeted at local residents, music lovers, tourism visitors and those resorting to the locality for entertainment purposes as supported by the diversity of amenity to be offered at Club Paradiso. • All staff will receive regular training across all aspects of Club Paradiso, including Responsible Service of Alcohol and identifying ‘at risk’ groups (if any). • The well-developed Harm Minimisation Plan, conditions to be accepted and Standard Operating Procedures to be in place by the responsible and experienced Applicant.

Crime statistics for Northbridge 8.13 The data presented below was sourced from the WA Police website and contains the relevant ‘Crimes Against the Person’ for Northbridge for the period 2010/11 – 2019/20:

Figure 28: Excerpt from WA Police website - Crime Statistics for Northbridge - Crimes Against the Person (Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start )

8.14 As can be seen in the image above, there has been a significant reduction in the Assault (Non-Family) crimes statistics from 2010/11 to 2019/20. The Applicant submits that this category of assault would be the most likely to be associated with the on-premises consumption of alcohol.

8.15 The reduction over time, with a commensurate increase in the number of licensed premises in the locality, indicates that new licensed premises do not have an undue impact on the incidents of Assault (Non-Family) in Northbridge.

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8.16 The Applicant also reviewed the ‘Crimes Against Property’ statistics for the suburb of Northbridge and has reproduced them below:

Figure 29: Excerpt from WA Police website - Crime Statistics for Northbridge - Crimes Against Property (Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start )

8.17 As can be seen on review of the ‘Crimes Against Property’ statistics, the largest increase here is Stealing, with most other categories either remaining at the same rates as 2010/11, or decreasing.

8.18 Importantly, ‘Property Damage’ reduced over the period identified by WA Police.

8.19 Finally, the Applicant reviews ‘All Other Offences’ on the WA Police website for Northbridge and noted that: • There were increase across all 4 categories of Offences. • Drug Offences increased from 218 in 2010/2011 to 597 in 2019/20. • The largest increase that could be seen was Fraud & Related offences that went from 30 in 2010/11 to 835 in 2019/20. Please find below the screenshot of the remaining Offence types:

Figure 30: Excerpt from WA Police website - Crime Statistics for Northbridge – All Other Offences

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(Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start )

8.20 The Applicant acknowledges that there are a number of other areas that may be impacted by people leaving the Northbridge Entertainment Precinct, however the data is not publicly available. It is not possible to know where the offenders were prior to the offence, how much liquor they consumed (if any), and whether or not that consumption had any bearing on whether they committed an offence.

8.21 For the purpose of comparison, the Applicant has also reviewed the Crime Statics for the suburb of Perth, and compared them to the Northbridge data, all of which is able to be done on the WA Police website. Please find below a comparison of Perth and Northbridge Crime Statistics – Crimes Against the Person:

Figure 31: Excerpt from WA Police website – Crimes Against the Person Perth v Northbridge (Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start )

8.22 As can be seen on review of the above, Northbridge has considerably lower rates of ‘Crimes Against the Person’ than Northbridge. For example: • Assault (Family) was nearly 3 times higher in Perth than Northbridge.

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• Threatening Behaviour (Non-family) was also three times higher in Perth compared to Northbridge. • Sexual Offences in Perth were 350% higher than in the suburb of Northbridge.

8.23 Not only were most rates of offending higher in Perth than in Northbridge, this has been a trend for a number of years, as can be seen in the Time Period data available and reproduced below:

Figure 32: Excerpt from WA Police website – All Offences - Perth v Northbridge (Source: https://www.police.wa.gov.au/Crime/CrimeStatistics#/start )

8.24 The Applicant submits that being located in an entertainment destination (both Northbridge and Perth); the rates of relevant criminal offences are proportionately higher than those of WA as a whole, due to the popularity and higher density of both patrons and premises in the Perth CBD and Northbridge Entertainment Precinct.

8.25 The Applicant notes the findings of the ‘Australia 2015 Crime and Safety Report: Perth & Western Australia’ which demonstrated; “There were 15,095 domestic-related assaults and 11,141 non-domestic assaults reported in the 2013-14 financial year. The Australian Bureau of Statistics reports 60.4 percent of assaults occurred in a residential area, 25 percent in a

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community area, 7.9 percent in a retail shopping area, 4.6 percent in a recreational area, and the remainder in other areas. Victims of assault more commonly reported that no weapon was used by the offender, and a larger proportion of victims reported knowing the offender.”31 and notes that the location of the proposed premises could not be considered to be a ‘residential’ or ‘community’ area.

8.26 Another measure routinely used by the licensing authority to determine existing levels of harm or ill-health is the ‘Alcohol-related Hospitalisations’ data collated by the Drug and Alcohol Office (DAO, now the Mental Health Commission or MHC).

ALCOHOL-RELATED HOSPITALISATIONS

Figure 33: Alcohol-related hospitalisations Perth (C) Inner and Remainder (Source: www.dao.health.wa.gov.au)

8.27 The Applicant notes that being located in the largest dining and entertainment precinct in WA, the higher rates of Alcohol-related hospitalisations, Perth (C) Inner and Remainder (Attachment 17) for this locality is commensurate with the significantly higher number of persons frequenting the entertainment precinct.

8.28 It is also submitted by the Applicant that some persons (whether due to alcohol consumption or not) in areas outside of the defined locality are transported to Royal Perth Hospital for treatment as it is the closest public medical facility available.

8.29 The Applicant is also aware that not all alcohol-related hospitalisations occur as a result of consuming alcohol on licensed premises. Please refer to the Figure below, which is an excerpt from a report to the WA Parliament;

31 www.osac.gov/pages/ContentReportDetails.aspx?cid=17906

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Excerpt from report to WA Parliament (Source: www.parliment.wa.gov.au)

8.30 The Applicant has considered the available statistics, albeit representing a larger locality, and submits that given the experience of the Applicant, the stringent Harm Minimisation Plan in place and the style and manner of trade, that Club Paradiso operating under a Nightclub Licence (subject to approval), will not contribute unduly to alcohol-related hospitalisations, and that the Applicant will mitigate the risks associated by the new premises with a suite of robust harm minimisation strategies as outlined throughout these PIA submissions.

STRATEGIES TO MINIMISE HARM OR ILL-HEALTH 8.31 The Applicant is committed to minimising and mitigating potential, undue, harm or ill- health in regard to alcohol consumption related to a Nightclub Licence at the proposed Club Paradiso. Accordingly the following harm minimisation strategies have been proposed in addition to a stringent Harm Minimisation Plan (Attachment 4).

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PACKAGED LIQUOR 8.32 The Applicant is applying for a Nightclub Licence that does not permit the sale of packaged liquor at any time and makes a commitment at this time that they have no interest in doing so.

8.33 The Applicant notes that no liquor will be permitted to be consumed on the licensed premises’ that was not purchased at Club Paradiso.

RESPONSIBLE SERVICE AND PROMOTION 8.34 The responsible service and promotion of the liquor will be considered at all times. Any patron who appears to be intoxicated will not be served alcohol, and (where appropriate) offered an alternative non-alcoholic beverage. If the patron is unwilling to accept the terms offered by the Licensee, they will be politely asked to leave the licensed premises.

8.35 The Liquor Control Act 1988 places an obligation on Licensees to sell and supply liquor in a responsible manner. The uses of “gimmick” promotions of cheap or discounted liquor that are likely to encourage the irresponsible consumption of alcohol are not acceptable. An activity by design or other use is not to create an incentive for patrons to consume liquor more rapidly and/or in greater amounts that they otherwise might do.

8.36 The Applicant will strictly adhere to the Director’s Guideline on the Responsible Promotion of Liquor – Consumption of Liquor on Licensed Premises at all times.

8.37 All staff employed by the Applicant will undergo required Responsible Service of Alcohol (RSA) training as well as comprehensive in house RSA, customer service and service recovery training.

8.38 All staff employed at Club Paradiso will have undergone the required Responsible Service of Alcohol (RSA) training and have their RSA certificates kept in a training register on premises as per the Director’s Policy on Mandatory Training last amended 16 April 2020.

8.39 The Applicant will provide a Staff RSA Handbook to all staff upon employment at Club Paradiso (Refer Attachment 3) and all staff will be required to abide by the standards contained within the Handbook.

8.40 The Staff RSA Handbook contains information pertaining to: • Staff Training and RSA • Legislative Requirements of a Nightclub Licence • RSA Legislation and Compliance • Dealing with Intoxicated Patrons • External Noise Level Compliance and Complaint Resolution Procedure.

8.41 The Staff RSA Handbook (Attachment 4) also goes into detail with regard to the

106 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd identification of intoxicated patrons, giving examples such as:

Speech • Slurring words • Rambling or unintelligible conversation • Incoherent or muddled speech • Loss of train of thought • Not understanding normal conversation • Difficulty paying attention

Balance • Unsteady on feet • Swaying uncontrollably • Staggering • Difficulty walking straight • Cannot stand, or falling down • Stumbling • Bumping into or knocking over furniture or people

Coordination • Lack of coordination • Spilling drinks • Dropping drinks • Fumbling change • Difficulty counting money or paying • Difficulty opening or closing doors • Inability to find one’s mouth with a glass

Behaviour • Rude • Aggressive • Belligerent • Argumentative • Offensive • Bad tempered • Physically violent • Loud/boisterous • Confused • Disorderly • Exuberant • Using offensive language • Annoying/pestering others • Overly friendly

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• Loss of inhibition • Inappropriate sexual advances • Drowsiness or sleeping at a bar or table • Vomiting • Drinking rapidly

CCTV 8.42 There will be substantial CCTV coverage throughout Club Paradiso. The CCTV system will be in operation at all times and the footage retained for a period of 28 days in accordance with the Director’s Policy on Security at Licensed Premises, last amended 7 April 2020.

8.43 Given the Applicant’s commitment to providing a safe controlled environment, and based on harm minimisation strategies identified with previous liquor licence applications by the WA Police Liquor Enforcement Unit and the Department of Health; the Applicant is willing to accept the following conditions on the Licence should the Director of Liquor Licensing deem it necessary in the public interest;

DRINK STANDARDS 8.44 The Applicant submits that they will adhere to the following relating to beverages provided at the premises: • Low-strength and mid-strength beer, plus non-alcoholic drinks, must be available at all times. • No promotions, advertising or incentives that encourage cheap or discounted liquor or that encourage excessive consumption. • ‘Lay-backs’, ‘jelly-shots’, ‘test tubes’ are prohibited. • All liquor products must be sold from behind the bar serveries, with no ‘roving’ or ‘promo’ liquor to be sold outside of these areas. • Liquor sold, supplied and consumed at this premises must be supplied in unsealed containers.

DRESS STANDARDS 8.45 The Licensee must refuse entry to the licensed area to any person wearing a jacket or any other clothing bearing patches or insignias, including, but not limited to the following Outlaw Motorcycle Gangs; • Coffin Cheaters • Club Deroes • God’s Garbage • Gypsy jokers • Outlaws • Finks • Rebels • Comancheroes • Hell’s Angels • Rock Machine

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NIGHTKEY2.0® PATRON MANAGEMENT 8.46 A NightKey2.0® Patron Management system will be operational at the Licensed premises during all hours of operation.

CROWD CONTROLLERS 8.47 The Applicant understands the needs for Crowd Controllers, and accordingly is willing to accept a conditions on the licence that outlines the ratio of Crowd Controllers required as being two (2) for the first 100 patrons, and one (1) for every 100 patrons thereafter. Approved Managers will not be used as Crowd Controllers.

HOURS OF TRADE 8.48 The proposed premises, Club Paradiso will operate in accordance with Section 98(a) of the Liquor Control Act (1988):

98A . Nightclub licence, permitted hours under (1) The permitted hours under a nightclub licence are — (a) on a day other than a Sunday — from 6 p.m. to 12 midnight and then continuing to 5 a.m. on the next day; [(b) deleted] (c) on a Sunday that is not New Year’s Eve — from 8 p.m. to midnight and then continuing to 2 a.m. on the next day; (d) on a Sunday that is New Year’s Eve — from 8 p.m. to midnight and then continuing to 5 a.m. on the next day; (e) on Good Friday — from immediately after 12 midnight on the previous day to 3 a.m., and there are no further permitted hours before 6 p.m. on the following day; (f) on Christmas Day — subject to subsection (2), from immediately after 12 midnight on the previous day to 3 a.m., and there are no further permitted hours — (i) before 6 p.m. on the following day; or (ii) if the following day is a Sunday — before 8 p.m. on the following day; (g) on ANZAC Day — from immediately after 12 midnight on the previous day to 3 a.m. and then in accordance with paragraph (a), (b) or (c), as the case requires.

(2) If Christmas Day falls on a Monday — (a) the permitted hours under a nightclub licence on that day are from immediately after 12 midnight on the previous day to 2 a.m.; and (b) there are no further permitted hours before 6 p.m. on the following day.

ALL NIGHT SNACKS A range of all night snacks will be available for purchase at Club Paradiso.

MANDATORY TRAINING – RESPONSIBLE SERVICE OF ALCOHOL All staff occupying supervisory positions must successfully complete the nationally accredited unit of competency (THHBFB09B) “Provide responsible service of alcohol” within four weeks of the grant of the licence.

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In addition, all servers of liquor must successfully complete either the nationally accredited unit of competency (THHBFB09B) “Provide responsible service of alcohol” or the non-accredited abridged course from one of the approved training providers in respect of this abridged course within four weeks of the grant of the licence.

FREE DRINKING WATER Pursuant to section 115A of the Act, at all times that liquor is sold and supplied for consumption on the licensed premises, the Licensee shall make available to patrons, potable drinking water free of charge. As a minimum, this condition is to be met by way of water dispensers located at or near all bar service areas. The water must be refreshed regularly, with clean glasses or disposable cups being available for use.

INCIDENT REGISTER Pursuant to section 116A of the Act and Regulation 18G, the Licensee must maintain a register of incidents that take place at the licensed premises. This incident register must be retained in the form approved by the Director of Liquor Licensing and must be made available at the request of an authorised officer.

TRAINING REGISTER Pursuant to Regulation 14AE, the Licensee shall maintain a training register that records training compliance for all staff. This training register must be retained in the form approved by the Director of Liquor Licensing and must be made available at the request of an authorised officer.

COMPLIANCE WITH HARM MINIMISATION POLICY The Licensee has lodged a copy of the House Management Policy, Code of Conduct and Management Plan developed for these premises in accordance with the Harm Minimisation Policy. They have also submitted a These documents must be retained on the licensed premises and produced to any Authorised Officer if required. Additionally, the Licensee shall ensure that the premises’ House Management Policy and Code of Conduct are displayed in a prominent position on the licensed premises.

Visuals to be displayed on premises 8.49 The below images are samples of signage that will be located within Club Paradiso to reinforce the message of Responsible Service of Alcohol to its management, staff and patrons;

Responsible Service of Alcohol Poster – Intoxicated Persons

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9 Community Consultation 9.1 As part of the Public Interest Assessment process, community organisations within the specified locality were contacted and provided a brief outline of the Nightclub Licence application. Representatives of these organisations were invited to comment on the application and any concerns raised during this process have been taken into consideration.

Liquor Enforcement Unit (LEU) 9.2 The Applicant’s representative contacted a senior officer at the LEU to discuss the application and answer any questions the LEU may have. Due to the heavy workload LEU stated that they would consider the application once lodged and then discuss any relevant matters.

Mental Health Commission (MHC) 9.3 The Applicant’s representative sent an email outlining the application to the MHC and invited them to discuss any feedback they may have with the Applicant. The Applicant noted that the premises was primarily offering a venue for live music performances and confirmed the inclusion of a food to be available during some operating hours in the public interest.

Department of Racing Gaming and Liquor 9.4 The Applicant and their representative met with senior representatives at the department to discuss the proposal for Club Paradiso to operate under a Nightclub Licence subject to approval.

The Applicant noted the options available if required for the premises to apply for an Extended Trading Permit (ETP) to permit them to operate parts of the premises prior to the permitted opening hours of 6.00pm daily and 8.00pm Sunday. The Applicant is committed to continued engagement with the department in relation to this application, if and as required.

The Applicant acknowledges that the meeting with the department in no way constitutes support for the application.

City of Perth 9.5 The City of Perth has undertaken a rigorous review of all aspects of the application during the Change of Use process.

The Applicant and their representatives met with the city of Perth to ensure the safety and comfort of consumers was well considered in the design of the premises.

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Figure 34: Meeting with the City of Perth RE: Club Paradiso

10 Section 38(4)(b) of the Act – impact on amenity

Social profile of locality Local Population 10.1 Within the defined locality there were 34,116 residents recorded on Census night in 2016. Of this 51.9% were male, 48.1% female and 0.76% were from Indigenous backgrounds.

10.2 The average age for the locality is 33 years in comparison to a Western Australian average age of 36 years.

10.3 Median household income was recorded as $1863.33 for the locality above the WA average of $1595.00

10.4 The demographic data (Attachment 13) indicates that there are minimal ‘at risk’ groups within the locality, however do note that the premises will be located in the Northbridge Entertainment Precinct, a highly patronised entertainment precinct.

10.5 Given the robust, site specific Harm Minimisation Plan and proposed manner of trade, together with the Applicant’s experience in owning and operating other Nightclub licensed premises, the Applicant submits that there will be a minimal potential for any undue negative impact to the local residential population through the granting of this application, given the strict harm minimisation strategy to help reduce any potential for harm.

10.6 The diverse offerings in the locality makes it an ideal destination for tourism visitors. The tourism benefits of conditionally granting the application are covered in detail in Section 12 of this submission.

Positive Impacts of the Application 10.7 The City of Perth is a growing LGA and is embracing the concept of more residential apartment living in the CBD, thereby growing the population significantly in the past 5-10 years.

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10.8 This population growth has been outlined in these PIA submissions (Section 5 Locality), however the Applicant notes that the Building and Planning approvals by the City of Perth also supports the fact that more people will be living in and coming into the Perth CBD on a regular basis.

10.9 Please find below, the building and planning approvals from the City of Perth over a nine (9) year period:

Figure 35: Building and Planning Approvals by the City of Perth (Source: https://www.thinkperth.com/insights/property/property-development)

10.10 Building and Planning approvals means infrastructure works in the pipeline, which increases employment opportunities, particularly in the construction industry, which is a positive benefit. Conditional Approval of this application will result in building and fit out works over $3million, and there will be additional economic benefits like employment once the premises is open and operating.

10.11 As previously stated throughout these PIA submissions, the Night Time Economy is an important consideration for the City of Perth, and a unique and diverse live music premises will support a successful Night Time Economy.

10.12 The presence of a venue that has NightKey2.0® ID and Biometric scanning will also benefit local WA Police if and when they require it. The CCTV to be installed at the premises, together with the ID scanning and retaining of patrons information (as permitted within the Federal Privacy Act) will be available to authorised persons on request. The NightKey2.0® ID Patron Management System has previously been used to assist WA Police in their inquiries.

10.13 Further, the NightKey2.0® system will allow the Applicant to easily identify patrons who have previously been banned from the premises, as well as maintain records on patron capacity and peak periods, enabling them to effectively employ staff, Approved Manager

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and Crowd Controllers that reflect the patronage at the premises.

10.14 Further, the design and capacity of the Concert Chamber will fill a significant gap (Refer Support Letters) in the Perth market and attract a range of other artists, musicians, performers and DJ’s from across Australia and around the world, who are seeking a venues that can cater to more consumers than most hotels, taverns and other nightclubs in the Northbridge Entertainment Precinct, and who cannot yet fill a venue the size of RAC Arena or OPTUS Stadium.

Licensed Premises in the locality 10.15 In accordance with the Public Interest Assessment policy by the licensing authority, applications are required to consider the area surrounding a proposed licensed premises and evaluate the outlet density of licensed premises in a specific locality.

10.16 Accordingly, Deva Paradiso Pty Ltd has considered the existing licensed premises in the Perth and Northbridge localities as can be seen in Attachment 18 of these PIA submissions. While there are a large number of existing licensed premises in the Perth and Northbridge areas, the Applicant submits that this is to be expected of a capital city such as Perth, and a designated, destination Entertainment Precinct like Northbridge.

10.17 As the proposed Club Paradiso will not sell packaged liquor for consumption off the licensed premises, the Applicant submits that the following applies to this application: “if the applicant does not intend to sell packaged liquor, the location of all existing licensed premises within 500 metres.”32

10.18 Please find below a map depicting the 500meter radius around the proposed Club Paradiso:

32 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy

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Figure 36: Map showing 500 meter radius around proposed Club Paradiso (Source: Google Maps)

10.19 Below is a table of existing Nightclub Licences within 500m of the proposed Club Paradiso: Paramount Nightclub Deva Perth Pty Ltd 163 James Street NORTHBRIDGE WA 6003 Northbridge Social Northbridge Social Pty Ltd 232 William Street NORTHBRIDGE WA 6003 The Library Nightclub Perth City Enterprises Pty Ltd 69 Lake Street NORTHBRIDGE WA 6003 Connections Night Club Profligate Pty Ltd 81 James Street NORTHBRIDGE WA 6003 The Penthouse Club Perth M & M Entertainment Pty Ltd 230 WILLIAM ST NORTHBRIDGE WA 6003 Air Nightclub Salmon Point Holdings Pty Ltd 139 James Street NORTHBRIDGE WA 6003 Blue To The Bone Pure Profit Pty Ltd 174 James Street NORTHBRIDGE WA 6003

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Metro City D Club Pty Ltd 146 Roe Street NORTHBRIDGE WA 6003 Rapture Nightclub IV Entertainment MCMXCIII Pty 78 JAMES ST NORTHBRIDGE WA Ltd 6003 Jack Rabbit Slims Combined Entertainment 133 Aberdeen St NORTHBRIDGE Strategies Pty Ltd WA 6003 Geisha Bar Smithers Jones Pty Ltd 135A James Street NORTHBRIDGE WA 6003 Figure 37: Nightclub premises within 500 meters of proposed Club Paradiso (Source:https://portal.dlgsc.wa.gov.au/licencesearch?status=Current&postcodeto=6003&postcodefrom=6000&grou p=Liquor+Premises)

10.20 The identified Nightclub Licensed premises must all operate under the requirements of Section 42 of the Act, and as can be seen in the overview of the individual premises below:

Name: Northbridge Social at Alabama Song Address: 232 William Street, Northbridge WA 6003 Distance: 375 meters (Direct), 450-500 meters by road/walk Opening Hours: Wednesday to Saturday 6.00pm – 2.00am Sunday 8.00pm – 2.00am About: “Late night country bar specialising in canned beers, cocktails and over 130 rye whiskeys and bourbons. The Alabama Kitchen fires out classic American cheeseburgers and fried chicken, with 50c wings available every Wednesday and Sunday. There’s live music every Friday and Saturday night, and to find out who’s playing behind the chickenwire, head to the Facebook page.”33

Difference to Club Paradiso: • While the DLGSC website states that Northbridge Social operates under a Nightclub Licence, information on Northbridge Social is only available via the Alabama Song website.

• Northbridge Social does not have a Facebook or Instagram page, nor do they appear to have any other listings other than the Alabama Social website.

33 https://www.lavishhabits.com.au/venues/alabama-song/

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• Alabama Song has a focus on food, and appears to provide live music two nights per week. • Consistently referred to as Alabama Song, not Northbridge Social. • Not open until 5.00am. • Does not offer Production Studio amenity. • Does not offer performance space to up-and-coming bands and musicians. • Does not appear to have NightKey2.0® (or other patron scanning system).

Name: The Library Address: 69 Lake Street NORTHBRIDGE WA 6003 Distance: 182.5 meters direct, 260 meters by road/walk Opening Hours: Thursday 11:00pm - 4:00am Friday 10:00pm – 5:00am Saturday 9:30pm - 5:00sm About: “Located at the upper end of Lake Street the Library brings a new concept of style to Northbridge. Fusing elements of bars, clubs and lounges into the one venue, the Library is your all night destination venue. Meticulously renovated and crafted the four bars set over three levels provide a luxurious escape from the outside world. Stylishly appointed, the bespoke surrounds are of another world. But look further beyond the glow of the crystal chandeliers and hidden beneath the velvet and timber clad interior are intelligent lighting and an impressive sound system that will satisfy even the most discerning of clubbers.”

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Difference to Club Paradiso: • Not recording studio amenity • Does not appear to live stream performances. • Cannot hold as many patrons as proposed club Paradiso (particularly Concert Chamber). • Does not appear to support up-and-coming artists and local musicians who are starting out. • No food available. • No outdoor area available. • Review of website and media articles reflects that private functions are a focus of the premises34. • An additional news article notes that the premises was bought for redevelopment by the current owner35.

Name: Connections Nightclub Address: 81 James Street NORTHBRIDGE WA 6003 Distance: 270 meters direct and via road/walk Opening Hours: Wednesday 8.00pm – 4.00am, Thursday 8.00pm – 3.00am, Friday and Saturday 8.00pm – 5.00am About: “Perth’s premier gay and lesbian nightclub. Lively, stylish gay and lesbian nightspot with DJs and drag queen shows, plus a rooftop terrace. Connections is a venue that offers itself as an alternative to the general nightclub hotspots in Perth. Nestled in the heart of Northbridge since 1975, “The Club” prides itself on being Perth's premiere gay and lesbian nightspot and for providing the most

34 https://www.cvent.com/venues/perth/bar-club/library-nightclub/venue-b34543f7-fd1a-4222-b7c5-801671b039a3 35 https://www.perthnow.com.au/entertainment/confidential/new-library-nightclub-owner-bought-venue-for- development-potential-ng-0c29b2f41596479e4faba0a71edf70dc

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upfront music, played by the best DJs in town, having the friendliest atmosphere and service, plus the wildest theme nights and entertainment.

Connections offer something for everyone. You can dance all night in the main room to the latest and future sounds, enjoy the city views and fresh air on the terrace or kick back with your friends, sipping the tastiest cocktails to the smoothest soundtrack in the lounge.

The dress code is left up to your imagination. Nobody will refuse you entry based on what you're wearing - unless you’re wearing an unattractive attitude – so if you want to wear a tutu, you wear a tutu! One thing’s for sure, after one night at Connections, you’ll be begging for more!”36

Difference to Club Paradiso: • Focus of this premises appears to be providing a safe and inclusive venue for LGBTI patrons. • Entertainment features DJ’s and Drag Queen shows, less local bands. • Not of a size and layout to support the same types of artists seeking to be featured at Club Paradiso. • The Applicant strongly supports the LGBTI community and will be an inclusive venue that welcomes all patrons, however dress standards will apply.

36 http://connectionsnightclub.com/about-the-club/

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Name: The Penthouse Club Perth Address: 230 WILLIAM ST NORTHBRIDGE WA 6003 Distance: 372 meters direct, 450 meters via road/walk Opening Hours: Tuesday - Thursday 9.00pm to 2.00am Friday - Saturday 9.00pm to 5.00am Sunday 8.00pm to 2.00am About: ““The Penthouse Club Perth provides the best strip club in nightlife that Perth locals and visitors alike crave. Whether you’re hosting a bachelor party or relaxing with friends, we go above and beyond all other Perth strip clubs. At The Penthouse Club Perth, we’ll show you that perfection is possible. Non Stop Entertainment including female strippers from Perth Local girls, Interstate & International Girls. Two bars, three amazing floors, state of the art lighting and sound your wildest dreams become a reality when you step into The Penthouse Club Perth.”37

Difference to Club Paradiso: • This premises is promoted as a strip club, where the entertainment is in the form of scantily dressed women dancing or ‘performing’ on stage. • It is reasonable to say that the primary purpose of the entertainment offering at this premises is significantly different to that which will be provided at the proposed Club Paradiso. • There will be no lewd or ‘adult’ entertainment provided at the proposed premises, and the Penthouse Club Perth does not support emerging local (musical) talent through a well- priced and sized venue (Theatre Chamber) with Production Studio and live streaming and recording facilities. • The Applicant also submits that a large percentage of women do not feel comfortable in places that offer lewd entertainment. • At their Darwin premises, the Director of the Applicant Company ceased offering this type of amenity when they took over the business.

37 https://www.penthouseclubperth.com/about-us/

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Name: Air Nightclub Address: 139 James Street NORTHBRIDGE WA 6003 Distance: 100 meters direct and via road/walk Opening Hours: Friday and Saturday 9.00pm – 4.00am About: “Take a deep breath, step aboard and prepare to be blown away. From the stylish design and elegant décor, to the friendly and efficient service from our skilled cabin crew. Air offers a unique experience that is dedicated to being the best. Outstanding in-flight entertainment delivered through state of the art technology will delight the senses while our unrivalled commitment to safety confirms Air as your ultimate after-dark destination. Air is the complete nightclub experience that will have you flying first class, we look forward to welcoming you on board. “38

Difference to Club Paradiso: • Appears to offer a range of entertainment, including ‘Champagne Showgirls’ and KPop events and shows. • Located on James Street, this premises does not have the capacity to attract the same kind of national and internationally renown acts as the proposed Club Paradiso. • The Applicant also submits that the type of music available at Air Nightclub is substantially different to that which will be available at Club Paradiso. • No Production Studio amenity, or ability to live stream performances.

38 http://www.airclub.com.au/the-venue/

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Name: Blue to the Bone/ Rocket Room Address: 174 James Street NORTHBRIDGE WA 6003 Distance: 50 meters direct and via road/walk Opening Hours: No publicly available information. Premises appears to be closed. About: Blue to the Bone may have changed their name or now operate under a different name. A Facebook Google and search showed that the premises at the address 174 James Street, Northbridge is on fact NOT Blue to the Bone, but The Rocket Room.

Difference to Club Paradiso: • The DLGSC website still refers to this premises as Blue to the Bone:

• The Rocket Room premises appears to be closed down permanently. Please find below a screenshot for the premises via a Google search:

• Accordingly, The Rocket Room is no longer providing any amenity for consumers in the Northbridge Entertainment Precinct.

Name: Metro City Address: 146 Roe Street NORTHBRIDGE WA 6003 Distance: 256 meters direct, 350 meters via road/walk Opening Hours: Currently only opening for special events and not providing a regular Nightclub premises in Perth. Please find below an inquiry made via Facebook:

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About: “Metro City is at the forefront of Concerts, Clubbing and Live Events in Perth, Western Australia, regularly hosting the finest artists from across the globe and a variety of special events.” There appears to be upcoming ticketed events on Saturday 5th December and Friday 11 December 2020 on the Facebook page. Prior to that, there was an event held on Friday 20th November 2020 and a Halloween Event on Saturday 31 October 2020.

Difference to Club Paradiso: • This premises operates predominantly as a concert and events venue. • They do not open regularly, as demonstrated by the opening times for specific events only (i.e. 1 night in October).

Name: Rapture Nightclub Address: 78 JAMES ST NORTHBRIDGE WA 6003 Distance: 300 meters direct or via road/walk Opening Hours: 9.00pm – 4.00am Friday and Saturday, however review of their Facebook page seems to indicate that they are not currently opening during all of those periods:

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About: Rapture has a limited musical offering. The website for Rapture Nightclub39 contains only images and a map showing where the premises is located. There is no events information available, and the premises appears to have limited special events, and relies heavily on in-house DJ’s playing: “Northbridge's newest nightclub with all the best dance tracks and classics to keep you grooving all night long”40.

Difference to Club Paradiso: • Not able to accommodate the same capacity. • Does not have diversity of offering throughout the premises. • No Production Studio available or ability to live stream events and performances.

Name: Jack Rabbit Slims Address: 133 Aberdeen St NORTHBRIDGE WA 6003 Distance: 350 meters direct, 400 meters via road/walk Opening Hours: Friday 10.00pm – 5.00am Saturday 8.00pm – 5.00am About: “Happening night spot with live bands & DJ'd music supplied in off- beat, retro-chic surrounds.”

“What happens when some bored uni students create a promotions company so they can rent out a nightclub for personal parties?

39 https://www.raptureperth.com/?fbclid=IwAR3FKswlVbsgAviJduCZPSmmVS7- vMticleXwKVWOEi27M9tmRNVf5wZxgo 40 https://www.facebook.com/rapturenightclubperth/events/?ref=page_internal

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In this case, scores of top-tier club nights and festivals, a record label that’s now a subsidiary of Warner and Perth’s coolest club. The only thing that’s the same as when directors Luke Whelan, Fraser Johnson and Alex Paioff started out are the cans of Emu Export on offer.”41

Difference to Club Paradiso: • Has not got the same capacity as proposed Club Paradiso. • No Production Studio to assist new and rising artists. • Located outside the Northbridge Special Entertainment Precinct

Name: Geisha Bar Address: 135A James St Northbridge Distance: 80 meters direct and via road/walk Opening Hours: Friday and Saturday 11.00pm – 5.00am About: “Geisha Bar is Perth’s most decadent nightclub. It’s where Perth’s fashion arbiters and rising stars rub shoulders with interstate visitors and jet-setting internationals. Located in the heart of Northbridge, this unashamedly upmarket club is an oasis from the streets below, fusing the warmth of timber and leather, together with modern contemporary pop artists and urban bus seats to create an aesthetic of casual opulence.

Geisha Bar embodies the return to small, intimate clubs. The ambience and impeccable service match the surrounds of this premier establishment. We invite you to immerse yourself in our sonic temple

41 https://www.broadsheet.com.au/perth/northbridge/bars/jack-rabbit-slims

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of underground sounds, designer teez and colourful cocktails.”42

Difference to Club Paradiso: • Smaller venue with capacity limitations. • Due to capacity limitations, less likely to attract international and well-known Australia/WA acts. • Specific target market compared to the diverse range of patrons and live music lovers that will be catered to at Club Paradiso.

10.21 As can be seen on review of the above, there is a significant difference in the manner of trade and capacity at the proposed Club Paradiso than there is at the current Nightclub premises in Northbridge.

10.22 Venue capacity is a key component in attracting performers to the venue as better known and established artists will require a larger audience (Refer Letters of Support).

10.23 Further, with the multiple stages and performance areas, the premises will cater to both large, well-known artists and lesser-known, emerging artists alike. For example, an emerging Perth garage band might be playing in the ground floor ‘casual front bar’ area, while a Cuban trio performs in the first floor Theatre Chamber, and a world-renowned DJ spins their tunes in the Concert Chamber.

10.24 The premises has a range of separate areas, each with the own service counters and toilet amenity, and therefore can cater to the contemporary requirements of a diverse range of consumers at a single licensed premises. This is not the case at other premises in the Northbridge Entertainment Precinct.

10.25 The Applicant submits with respect that a new late night live music premises is required to

42 http://www.geishabar.com.au/

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meet the need of the growing number of residents, consumers of entertainment and tourists to the newly revitalised Northbridge Entertainment Precinct for live music (Refer Letters of Support).

10.26 This is particularly important after the closure of two such providers in The Bakery and Devilles Pad, for both performers and audience members alike (Refer Letters of Support and Consumer Questionnaires).

10.27 As demonstrated by the overwhelming support from the Consumer Questionnaire (Attachment 2) there is a strong a consumer requirement for a quality venue managed by experienced operators, to have the opportunity to patronise and enjoy the option of a non- alcoholic or an alcoholic beverage during their enjoyment of live music (including DJ’s) at a safe and comfortable modern premises.

10.28 Pursuant to Section 42 (1) (c) of the Liquor Control Act 1988 (subject to approval) the proposed Nightclub Licence would only be permitted to sell liquor providing it is consumed on the licensed premises and no takeaway packaged liquor will be permitted at any time.

11 Section 38(4) (c) of the Act – offence, annoyance, disturbance or inconvenience 11.1 As previously stated the Applicant fully understands their responsibility to operate the proposed Nightclub Licence as per best practice and the Director of Liquor Licensing’s policies.

Harm Minimisation Plan 11.2 The Applicant has designed a range of documents to minimise and mitigate any potential, undue incidents of harm and ill-health associated with the premises. This is strongly supported by the following relevant operational aspects: • Use of NightKey2.0® ID and biometric scanning, Patron Management System, • Use of Crowd Controllers from 8.00pm, • All areas having their own toilet and bar amenity, • Comprehensive Staff Induction Material, • Robust Harm Minimisation Plan, • Multiple Approved Managers on site on Friday and Saturday nights, • Complaint Resolution Procedure, • Experienced Nightclub operator with thorough knowledge of the Northbridge Entertainment Precinct, and • Experienced Licensee in Western Australia.

11.3 The management and staff of the proposed premises will ensure that their patrons’ experiences are both satisfying and memorable. Patrons will be treated with sincerity and respect and patrons will be served in a responsible, friendly and professional manner.

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11.4 Management and staff will not serve liquor to juveniles or any person who appears to be intoxicated.

11.5 The Approved Managers will be trained in responsible service practices, and will support the service staff at all times in undertaking their duties and responsibilities in accordance with the Liquor Control Act 1998 with regard to harm minimisation and also be trained in the following (but not limited to): • Undertaking Staff Induction with each and every team member to ensure they understand their rights and responsibilities or working at Club Paradiso, • Ensuring all staff involved in the sale and supply of alcohol have relevant RSA qualification to sell and supply liquor in WA, • Enforcing RSA standards and practices across the venue at all times, • Monitoring patrons and staff to ensure all conditions on the Licence are constantly adhered to, • Able to operate and access the CCTV as required by WA Police, LEU, DLGSC or other authorised person, • Able to operate and obtain information from the NightKey2.0® ID and biometric scanning Patron Management System as required by WA Police, LEU, DLGSC or other authorised person, • Ensuring that any complaints received from patrons or neighbours are addressed promptly and the outcome and/or resolution communicated to the relevant party, • Ensuring that patrons understand that the primary purpose of Club Paradiso is for the enjoyment and viewing of live musical, artistic entertainment, and to encourage the artists that are performing; thereby aiding int eh development of the live music industry.

Code of Conduct for Management 11.6 The management and staff will be committed to minimising liquor related harm to people by the adoption of harm minimisation strategies. Patrons will be reminded to observe the Code of Conduct whilst at Club Paradiso. Management and staff of Deva Paradiso Pty Ltd are committed to the following safe practices:

Licensed Crowd Controllers 11.7 The Applicant will employ Licensed Crowd Controllers in compliance with the Director’s Policy on Safety and Security at Licensed Premises43 that states: “Permanent Licences that Trade Beyond 1am Crowd controllers licensed under the Securities and Related Activities (Control) Act 1996, are to be employed. As a general rule, a ratio of two (2) crowd controllers for the first 100 patrons and one crowd controller for each additional 100 patrons or part thereof will be applied. However, this may vary depending upon the nature of the licensed premises; the entertainment being

43 https://www.dlgsc.wa.gov.au/department/publications/publication/safety-and-security-at-licensed-premises-policy

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provided; the hours of trade; the event; and the target patronage of the premises.”

11.8 All Crowd Controllers employed at Club Paradiso will be licensed under the Securities and Related Activities (Control) Act 199644.

11.9 The experienced Applicant understands the benefits of employing female Crowd Controllers and will endeavor to have at least one female deployed by the Applicant’s security provider at all times the premises is open.

11.10 The Crowd Controllers to be employed at Club Paradiso will be directed to have a proactive, non-aggressive approach to patrons before they become intoxicated, communicate with RSA trained staff and management should they note signs of intoxication in patrons and build respect with patrons as opposed to the old ‘Bouncer’ mentality, where patrons were simply ejected.

11.11 The Crowd Controllers at Club Paradiso will be supported by the Approved Managers at the premises and will keep an open communication with staff working at the premises during all hours of trade (Attachment 4 – Crowd Controller Communication Strategy).

11.12 The NightKey2.0® Patron Management System to be installed will also assist Crowd Controllers as it has the ability to: • Detect fake ID’s, • Ensure ID is only used for the person it was issued to, • Detect patrons who are banned from entering the premises, • Detect patrons who have been previously banned from the premises and remind them of what is considered acceptable behaviour, • Understand the reason the patron was previously banned, and • Process long waiting lines more efficiently as repeat patrons only need to scan their fingerprint.

11.13 The Licensed Crowd Controllers will not only monitor the premises itself, they will also be responsible for ensuring that patrons of Club Paradiso depart the premises in an orderly fashion, out of respect for neighbouring businesses and residents. Crowd Controllers will also regularly patron Mountain Terrace and the rear of the premises.

Controlling intoxicated persons 11.14 Patrons will be encouraged to consume liquor only at a rate that allows them to stay in control, and the Applicant will install visual aids within the premises to remind them of the consequences of excessive alcohol consumption.

11.15 RSA trained staff will also strictly monitor patrons on the licensed premises. Intoxicated persons will not be served liquor and will be politely and calmly asked to leave, including the entry area and immediate surrounds (subject to approval) of the premises.

44 https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_884_homepage.html

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11.16 Staff will be encouraged to be alert for the signs of intoxication of patrons (Refer Attachment 3h – Staff RSA Training Handbook). In the event that a patron is found to be intoxicated, the Management's policy for dealing with the safety and welfare of intoxicated patrons will be implemented. The following action will be taken. • Licensee or Approved Manager and Crowd Controllers will be notified, • Non-alcoholic beverage will be offered, • No alcohol will be provided to the patron, • The staff at the premises will endeavor to identify the patron’s friends (if present) and request they assist the intoxicated patron home, • The safe transport arrangements of the patron will be identified (wherever possible), i.e. telephone call to a relative, friend, taxi, UBER driver arranged, and • The police or other relevant authority will be notified if the patron becomes aggressive and/or anti-social. • A record of the incident will be noted in the Incident Register on the premises.

11.17 Each employee will be given a copy of the Director of Liquor Licensing’s Guidelines on the Responsible Promotion of Liquor and advised that compliance to the policy is a requirement of employment at Club Paradiso.

11.18 Club Paradiso understands that regular training has been identified as a key aspect of a harm minimisation strategy, and as such, is committed to the ongoing training of staff to ensure the safety and comfort of patrons, employees and neighbours at all times.

11.19 Club Paradiso’s commitment to the responsible service of alcohol is also demonstrated by the display, in very conspicuous locations, of visual Responsible Service of Alcohol posters including in the toilets. Staff will be requested to draw patrons attention to these posters as and when necessary.

11.20 Club Paradiso view signage as an important operational tool, to assist them in fulfilling their obligation to minimise the harm caused by the misuse of alcohol.

Monitoring juveniles 11.21 The NightKey2.0® Patron Management system to be installed at the premises will ensure that no juveniles are permitted on the licensed premises at any time.

Resolving complaints from customers efficiently and effectively 11.22 Patrons will be encouraged to discuss complaints with the Approved Manager on duty.

11.23 Complaints received will generally trigger a Complaint Resolution Procedure (Refer Attachment 3) to be implemented

Care of patrons 11.24 Non-alcoholic products, including water, will be available at all times. Staff will be trained in

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the responsible service of liquor practices and dispute resolution.

11.25 Disorderly or rowdy behaviour that disturbs the enjoyment of others and will not be tolerated.

Respect for our neighbours 11.26 Patrons will be reminded that local residents could be affected by their movements. Patrons must be considerate when leaving Club Paradiso. Patrons must not make loud noises, rev car engines or disturb other people’s property.

11.27 The Applicant notes that given the licensed Crowd Controllers and the close proximity to a number of public transport options, taxi ranks and availability of ride sharing services such as UBER, there will be minimal undue, offence, annoyance, disturbance or inconvenience suffered by residents and other businesses in the locality.

Responsible service of liquor 11.28 Staff will adopt the responsible promotion and service of liquor guidelines of the Director of Liquor Licensing.

11.29 The Management Plan will be put in place to ensure that staff will give patrons and guests the opportunity to enjoy themselves in a quality, friendly, hospitable and safe environment.

11.30 By complying with the Patron Management Plan, House Management Policy, Code of Conduct and Management Plan (Refer Attachment 3) the licensed venue will operate mindful of the potential for offence, annoyance or disturbance to the locality, and potential, undue liquor related harm will be minimized and mitigated.

1. Training • Approved Managers will complete the required liquor licensing training course, Management of Licensed Premises (MLP1) prior to the proposed premises opening. • Staff will be required to obtain their RSA qualification prior to employment at the proposed Club Paradiso, and undergo in-house training in the responsible service of liquor before being permitted to sell or serve liquor to patrons. • Staff will be trained to deal with drunk, rowdy or disorderly and offensive patrons and their guests. • Staff will be trained and encouraged to refer to and seek help and advice from the Approved Manager (on duty) when dealing with such situations. • The training will occur within the first four weeks of starting a position and will be reviewed and updated at regular intervals as required. • All training certificates will be recorded in a Training Register, as per the Director’s policy on mandatory training and a copy of their Certificate of Attainment will be kept onsite at Club Paradiso at all times.

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2. Responsible Service of Alcohol Staff will: • Be appropriately RSA trained. • Only sell and serve liquor in compliance with the conditions of the Nightclub Licence. • Not allow promotions or incentives that encourage patrons to consume cheap or discounted liquor irresponsibly over a limited period of time. • Not offer promotions or incentives that encourage patrons to drink excessively. • Ensure that non-alcoholic drinks, such as water, are available at all times. • Actively discourage irresponsible consumption of liquor.

3. Juveniles • The staff will not permit juveniles under the age of 18 on the licensed premises at any time. • The staff will not permit the sale, service or consumption of alcoholic drinks to juveniles. • Identification (ID) will be checked as stated below, and only acceptable forms of will ID will be accepted as proof of age.

The following strategies are to be routinely implemented by staff when checking the ID of patrons;

11.31 The Applicant is also aware of the Learner’s Permit photo card available from the Department of Transport and is an acceptable form of ID for establishing Proof of Age – see below.

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12. Section 38(4) (ca) of the Act – Tourism, or Community or Cultural matters 12.1 As it is to be located in the Northbridge Entertainment Precinct within the City of Perth, the Applicant submits that there are significant tourism, cultural and community benefits to the grant of the Nightclub Licence to Club Paradiso.

Tourism 12.2 Further to the actual and forecast growth in the local residential population, the Applicant notes the Tourism Forecasts 2019 (Attachment 19) by Tourism Research Australia (TRA) and the TRA’s Forecast Visitor Growth reflects the following:

Figure 38: Visitor growth by market 2018-19 to 2019-20 (Source: https://www.tra.gov.au)

12.3 The above Forecast Visitor Growth is supported by the forecast growth in inbound tourism arrivals, as indicated below: “SHORT-TERM OUTLOOK Tourism spend is forecast to increase 4.6% from $148.7 billion in 2018–19 to $155.6 billion

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in 2019–20. Spend will the increase by a further $7.5 billion to $163.1 billion in 2020–21. The short-term outlook has been compiled based on the following assumptions: • Chinese visitation will continue to rise but transition to a more sustainable trajectory as the country’s economic growth slows and the impacts of trade tensions with the United States (US) continue to play out. China’s large market share has a significant effect on forecasts of visitor numbers and spend. • Growth from emerging Asian markets will gain momentum, with India, Malaysia and Indonesia collectively contributing 16.7% of growth over the next two years. India is on track to overtake Japan as one of Australia’s top five source markets by 2023–24. Other top five markets will remain unchanged. • Traditional source markets, such as the US, the United Kingdom (UK) and New Zealand (NZ) are expected to grow solidly over the next two years. • The lower Australian dollar will make Australia more competitive with overseas destinations, and contributes to solid growth in domestic tourism and modest growth in outbound travel.”

12.4 While the Applicant acknowledges that COVID will have an impact on international tourism, the Western Australian market is well positioned to take advantage of travel from Asia, given the low cost of flying, and global acknowledgement of how well WA and Australia have done in holding the virus at bay.

12.5 Further, the potential for successful vaccination programs is growing, enabling the world to look further to a post-COVID future.

12.6 Prior to the global COVID outbreak, WA was forecast to have a 9.8% increase in International Tourism Visitation, the largest in the country, as outlined in the detailed State by State forecasts:

Figure 39: State tourism forecasts (Source: Attachment 19)

12.7 Along with the forecast growth in International Tourism Visitors, Visitor Nights are also

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forecast in increase in Western Australia, with Domestic Visitor Nights forecast to increase by 0.4% over the ten years to 2028-29, and International Visitor Nights forecast to grow by 4.6% over the same period.

12.8 All of the above point to a growing interest in Western Australia from International tourism visitors, and a new, diverse, premises providing live music that operates until late in the Northbridge Entertainment Precinct will (subject to approval) will cater to these additional tourists.

12.9 Tourism is a major contributor to the Western Australian economy and employment in WA, as stated below:

Figure 40: Screenshot from Tourism WA website (Source: www.tourism.wa.gov.au )

12.10 Further review of the data provided by Tourism WA demonstrates that the majority of the tourism jobs in Western Australia are in the ‘Food and Beverage’, ‘Retail’ and ‘Accommodation’ industries:

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Figure 41: Direct Employment by Industry data (Source: https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2020/Ad- hoc/State%20Tourism%20State%20Satellite%20Account%202018-19%20WA%20Summary.pdf)

12.11 The City of Perth also relies on tourism spending; and notes the following with respect to economic contributions:

Figure 42: Excerpt from the City of Perth Economic Profile (Source: https://www.perth.wa.gov.au/future-perth/community-snapshot/economic-profile)

Cultural 12.12 Live music is a cultural undertaking and has many direct and indirect benefits to the community. In a report undertaken for Western Australia Music (WAM), the Chamber of

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Arts and Culture found that: • Contemporary music in WA generates $111m in ticket sales and 1.1 million attendances per annum. • There is an estimated further 3.5m un-ticketed attendances (this figure needs much more in depth verification). • Every $1m in increased revenue generates $2.1m for the WA economy. • Contemporary music accounts for 62% of all performing arts ticket revenue in WA (compared to 49% nationally). • Per capita of population, WA contemporary music revenue is 50% higher than for Australia as a whole. • For each $1m increase in output in the industry, 6 jobs are created within the industry and further 3 within the broader economy, resulting in a total of 9 new jobs. • Based on available figures, the report estimates the total economic impact be $655 million in revenue, $330 million in value-add, employment of 2,933 persons (as their main job) and wages & salaries of $149m. These figures underestimate the total impact of contemporary music in WA due to the large amount of unreported music activity and because, for the majority of industry participants, this is not their main job.

The majority of events take place in small venues such as hotels, bars and nightclubs. Other venues range from large capacity concert halls to community centres and iconic outdoor locations. The analysis shows that WA is hosting over 18,000 music events per year at more than 400 venues in metropolitan and country locations. Most of these events were held on one day but some were multi-day events held over several days. Several events included performances of more than one music genre, with the most prevalent single music genre being rock/popular music. Most events were held in inner city locations of Perth and Northbridge, as well as wider Perth areas/suburbs like Fremantle and Mt Lawley, and also in a number of regional centres. Around 100 venues host an average of more than one event per week, with around 25 venues having more than 5 events a week.”45

12.13 The Applicant also notes the contribution of live music to the Australian economy, which can be seen in the excerpt from “The Economic & Cultural Value of Live Music” report below:

45 https://www.cacwa.org.au/documents/item/568

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Figure 43: Excerpt from Live Music Report (Source: Refer Attachment 8)

12.14 The report outlines the value of the live music industry with the following notable inclusions: “Our research has identified that live music spending in Australia delivers at least a 3:1 benefit-to-cost ratio. This means that for every dollar spent on live music in Australia, $3.00 worth of benefits are returned to the wider Australian community. We conservatively value this contribution at approximately $15.7 billion for 2014.

Live music is also identified as a source of regional competitive advantage. Approximately half of the survey respondents reported travelling inter and intra-state to attend live music, with one in five travelling overseas. This suggests there is a strong case for investment of public funds into live music making.

This research has demonstrated that live music activity in Australia delivers significant benefits to the Australian community. Investment of time and money in the live music sector delivers an impressive return and is clearly producing a public good. We encourage decision makers in both industry and government to reflect on these findings and consider how they

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might continue to improve and develop the live music sector in Australia through funding, better regulation and small business support.”46

12.15 The report also outlines that in 2014 5,380,156 people attended a live music performance in WA , with ticket sales reaching $103,653,647.

12.16 The proposed Club Paradiso will provide a new and vibrant, late night live music premises for local residents, residents in Western Australia and tourism visitors within the redeveloped City of Perth.

12.17 The new Club Paradiso will also support the “State Government Strategy for Tourism 2020. Overall, the Strategy aims are:

Excerpt from State Government Strategy for Tourism in WA 2020 (Source: Attachment 20)

12.18 In the State Government Strategy for Tourism in WA 2020 (Attachment 20), the Applicant notes that one of the industry strategies involves the promotion of Events and how they can value add to the “Experience Extraordinary” WA brand:

46 Refer Attachment 8

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Figure 44: Excerpt from State Government Strategy for Tourism in WA 2020 (Source: www.tourismwa.wa.gov.au)

12.19 The report also includes the following with respect to Events: “Events can be a powerful strategic asset to grow visitation: • They provide a definite, time-based reason to visit a particular destination, which helps to break the inertia gap between intention to visit and actual visitation. • They can showcase the Experience Extraordinary brand in highly involving and aspirational ways • They can be equally attractive to intrastate, interstate and international visitors as well as local residents • They can activate infrastructure and energise the local community which adds to the integrity of the experience.”

12.20 One of the government strategies is to: “Position WA as a recognised events destination for locals and visitors through….”

Figure 45: Excerpt from Attachment 20 (Source: State Government Strategy for Tourism in Western Australia 2020)

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12.21 According to the Chamber of Culture and Arts in Western Australia (CACWA), contemporary music made up 36.8% of ticket sales, which demonstrates a significant contribution to the Perth (tourism) economy. Please see the Figure below;

Figure 46: Excerpt from the Department of Culture and the Arts website (Source: www.dca.wa.gov.au)

12.22 The City of Perth has also provided feedback on the importance of Arts, Culture and Creative Industries in the 2017 Future Scenario Assessment Report (Attachment 21) that states: “The arts, culture and creative industries sector makes vital contributions to economic diversity, liveability, local cultural identity and social capital. There is a strong appetite for arts and culture in WA and scope for considerable growth. Existing and proposed cultural infrastructure developments will catalyse development of the sector in the coming years and a coordinated approach could accelerate cluster development in emerging sub-sectors within the City of Perth.”

12.23 On page 65 the report notes that with respect to venues and spaces: “Diminishing availability of venues and spaces that are affordable and suitable for the creating and presentation of arts and cultural activity limits access to arts and culture”.

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12.24 As a response, the City of Perth is committed to: “Investigate use of vacant buildings and spaces to be used to create and present art and culture and continue to support collaborative work spaces and advocate for dedicated creative work spaces.” This stated action speaks directly to the applicant’s intentions to revitalise an existing building that is vacant and bring it back to life as a vibrant live music venue.

12.25 The Applicant submits that the overall positive tourism, cultural and community benefits of a new live music venue in the Northbridge Entertainment Precinct is an important consideration in this application, and that the data presented in these PIA submissions be given due weight when undertaking the determination.

12.26 “Perth is a thriving hub of business and economic activity, with opportunities arising out of a booming economy which has been fuelled by record levels of resource investment and high commodity prices. West Australia is a global business destination with access to growing Asian economies such as China, Japan and India. Greater Perth is well equipped with facilities to cater to this with extensive IT, communication and health infrastructure in place. Greater Perth offers a lifestyle that is second to none. In 2012, Perth was rated as one of the top 10 most ‘liveable’ cities. Australian cities continue to thrive in terms of liveability; not only do they benefit from the natural advantages of low population density, but they have continued to improve with some high profile infrastructure investments.” 47

12.27 Perth CBD has been presented as being the most popular suburb within Perth for tourist accommodation, followed by Fremantle and Scarborough. The Applicant submits that the proposed Club Paradiso will further promote an increase in visitor numbers to the precinct, with regional WA residents resorting to the locality for the entertainment to be available at the premises.48

Figure 47: Estimated Visitor Night Dispersal Perth (Source: Committee for Perth)

47 www.theaustralian.com.au 48 https://www.committeeforperth.com.au/assets/documents/FACTBase-Bulletin-55-Sizing-Tourism-in-Western- Australia.pdf

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12.28 The developments being undertaken and/or recently completed in Perth (RAC Arena, Elizabeth Quay, OPTUS Stadium etc.) are attracting more people to Perth and WA, and the increased tourism visitation is also supported by the additional of a number of major Hotel developments in Perth over recent years, making room rates affordable and hence attracting more tourism visitors.

12.29 Please find below an overview of the new Hotel developments in the Perth CBD, that are catering to tourism growth in the State: “As luck would have it, Perth is now home to some seriously innovative and stylish hotels, all putting their own individual twist on the traditional hotel stay. So if you’re looking to treat yourself to a CBD staycation, here are some of the best new hotels in Perth.”49

12.30 QT, PERTH QT is a little dose of luxury in the heart of Perth, making it the perfect spot for those looking to treat themselves. The rooms and living spaces are exquisitely designed – think lots of jarrah timber, rich velvet and polished brass – giving the place a lavish and extravagant vibe. QT also happens to be home to Perth’s most stylish bar, Rooftop at QT.

12.32 TRIBE, WEST PERTH Welcome to Tribe. This new hotel, situated on the doorsteps of Kings Park, has been created by some of Australia’s leading designers who wanted accommodation with personality, social atmosphere and communal space – basically, a hotel like a home. Tribe’s large and sophisticated living zones provide the perfect place to kick back with friends, and its restaurant features a carefully curated menu with a focus on sustainability and ethical eating. If an uber-stylish experience is what you’re after, this is it.

12.33 THE WESTIN, PERTH If you want a wellness getaway then look no further than the newly-renovated Westin. The hotel boasts its own Bodhi J Day Spa where you can unwind with a luxury treatment, an infinity pool to rejuvenate in the sunshine, and a state of the art fitness studio with TRX equipment. And when its time to refuel your body, head to the venue’s signature restaurant, Garum.

49 https://www.visitperth.com.au/blog/best-new-hotels-in-perth

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Figure 48: The Westin Perth (Source: https://www.marriott.com.au/hotels/travel/perwi-the-westin-perth/)

12.34 ALEX HOTEL, NORTHBRIDGE Alex Hotel has been designed with the belief that a hotel should be like a home – so while you do have all the privacy you want in your own room, you can also sprawl out in their many shared living areas. Their rooftop garden is an oasis above the city where you can unwind with a drink, or if curling up in an armchair with a good read is more your thing, head to the communal lounge room with its well-stocked bookshelf.

Figure 49: Alex Hotel, Northbridge (Source: https://alexhotel.com.au/)

12.35 DOUBLETREE BY HILTON, PERTH Right in the middle of Perth’s cultural and entertainment hub of Northbridge, and a short walk to places like Elizabeth Quay, Yagan Square and RAC Arena, Double Tree is the ideal spot for those wanting to explore everything Perth has to offer. Head to Double Tree’s tranquil outdoor pool, visit the 24/7 fitness centre, or enjoy a drink at the hotel’s own James St Bar + Kitchen – a modern take on the classic Australian pub, with polished concrete, an open kitchen and industrial-chic vibes.

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Figure 50: DoubleTree by Hilton, Northbridge (Source: https://doubletree3.hilton.com/en/hotels/western-australia/doubletree-by-hilton-perth- northbridge-PERDTDI/index.html)

12.36 “A FINE STAY: FOUR OF PERTH’S NEWEST HOTELS Perth’s hotel shortage seemed like such a long, long time ago. Today, travellers and staycationers alike are spoiled for choice when it comes to places to stay in the West Australian capital. While the CBD is already home to a number of impressive new beds-for- the-night such as Como The Treasury and The Westin – the city’s latest crop adds even more diversity to the mix, from luxurious and high-end to serious bang for the buck.”50

12.37 RITZ-CARLTON The Ritz-Carlton isn’t just Perth’s biggest hotel opening of 2019: it’s one of the year’s most important arrivals anywhere in Australia. Since word got out that the international luxury-hotel chain was opening its first Australian property in Perth, all eyes have been on Elizabeth Quay as the Ritz-Carlton’s distinctive shimmering towers have slowly taken shape.

Western Australia is a key motif, from the 10,000 pieces of Kimberley sandstone that adorn both the interior and exterior of the property, to the intense focus on the state’s produce and wine in the hotel’s signature restaurant, Hearth. The Ritz-Carlton is home to 205 rooms as well as a hotel-in-a-hotel, the exclusive Ritz-Carlton Club, complete with its own concierge and alfresco area featuring panoramic views of the river.

50 https://justanotherday.westernaustralia.com/feature/a-fine-stay-four-of-perths-newest-hotels/

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Figure 51: Ritz-Carlton hotel, Elizabeth Quay (Source: www.ritzcarlton.com/en/hotels/australia/perth)

12.38 QUAY PERTH Located directly opposite Elizabeth Quay, the boutique 80-room Quay Perth coolly mixes business and pleasure. Level Nine at Quay Perth, the hotel’s fully equipped co-working space that occupies all of the ninth floor, is pitched at both locals and travellers and features sweeping views of both the Swan River and Elizabeth Quay.

After hours, in-house guests and visitors can head to HQ, the hotel’s rooftop bar that makes the most of those vistas. Come for the theatrical cocktails (Old Fashioneds presented under a plume of smoke, say), stay for punchy Asian-inspired small plates including sticky pork baos and Szechuan-spiced chicken skin.

Figure 52: Quay Perth Hotel (Source: https://quayperth.com/en/)

12.39 THE ADNATE Matt Adnate, street artist and the namesake for this new 250-room hotel on Perth’s

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cosmopolitan Hay Street, clearly brought his A-Game for the unveiling of the city’s first Art series accommodation. While the Adnate features plenty of artistic flourishes throughout – giclée prints aplenty, original canvases in the lobby – it’s the hotel’s 25-storey mega mural that elicits the most comments. A celebration of the city’s history from Nyoongar (the traditional owners of the land) to now, the eye-catching artwork is a serious statement of intent.

Figure 53: The Adnate Hotel (Source: https://www.artserieshotels.com.au/adnate/)

12.40 IBIS STYLES EAST PERTH Starring 252 rooms spread across 18 floors, the Ibis Styles East Perth is, by room number, the world’s largest modular-construction hotel. (Modular construction, a Lego-like building method that consists of assembling prefabricated components rather than building a property from scratch, is growing in popularity around the world). Designed with value-minded business and family travellers in mind, the hotel features bunk bed accommodation and co-working space and is located a short stroll away from the WACA and the business district.

12.41 These new Hotel developments in the Perth CBD, coupled with the competitive Australian dollar (as outlined by Tourism Research Australia and Tourism WA), new public amenity such as Elizabeth Quay and Perth City Link all make Perth a desirable tourism destination for International tourism visitors.

13. Summary 13.1 These Public Interest Assessment submissions were prepared by Hospitality Total Services (Aus.) Pty Ltd, on behalf of the Applicant Deva Paradiso Pty Ltd.

13.2 The Applicant submits that the information contained within these comprehensive PIA submissions constitutes cogent, objective evidence for the Nightclub Licence to be

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conditionally granted in the public interest for the premises to be known as Club Paradiso.

13.3 Evidence for the consumer requirements of the proposed amenity has also been provided, in the form of Consumer Questionnaires and written support for the application.

13.4 The locality has experienced significant population growth with considerable commercial and infrastructure development over the past five to ten years. In order to cater to the proper development of the liquor, tourism and hospitality industry in the locality, the Applicant believes that conditionally granting this application will contribute to the growth of these industries and enhance the public interest in visiting the locality with the amenity of venues such as Club Paradiso.

13.5 The past decade has seen significant growth across the restaurant, small bar, tavern and Hotels sector, as well as the addition of two (2) major events venues in RAC Arena and OPTUS Stadium that are all combining to attract a greater number of visitors to the City of Perth, including the Northbridge Entertainment Precinct.

13.6 However, this growth is not reflected in the number of nightclub venues, leaving a lack of quality late-night, licensed premises with a focus on live music for both performers and those who wish to attend live music performances.

13.7 As the capitol city’s largest Entertainment Precinct, Northbridge has a unique standing to accommodate Nightclub premises, and the specific site for the proposed Club Paradiso is in the heart of the Nightclub district. Part of the premises previously operated as a Nightclub and more recently under a Special Facility licence.

13.8 Club Paradiso (subject to approval) will assist in meeting the objects of Section 5 of the Liquor Control Act 1988 and the planning and development goals of the City of Perth and WA State government (Refer Letters of Support).

13.9 As outlined in these PIA submissions the Applicant has undertaken an Acoustic Assessment by a certified acoustic consultant, and all conditions and recommendations of that assessment will be implemented, to minimise and mitigate noise emissions from the premises (subject to approval).

13.10 These PIA submissions also comprehensively address the matters outlines in Section 38(4) of the Act with detailed information, statistics, reports and data being provided to support the application in the public interest.

13.11 The Applicant submits that Club Paradiso, operating under a Nightclub Licence will have minimal potential undue, negative or adverse impact on the amenity, rather positively complementing the amenity currently available such as the Perth Cultural Centre, WA Museum, RAC Arena and State Theatre in the Northbridge Entertainment Precinct. Adding to the amenity of the locality will draw more locals and tourists to the area increasing the foot traffic to the locality and activating the area outside of normal working hours.

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13.12 These PIA submissions have outlined the economic, tourism and cultural benefits that live music venues can bring, along with statistics relating to direct and indirect employment.

13.13 Management will operate within a strict code of conduct with regards to the sale and supply of alcohol and this will be rigorously maintained. The Director of the Applicant Company is an experienced Liquor Licence operator with demonstrated experience in promoting WA, with no known liquor infringements at the time of writing these PIA submissions.

13.14 The Applicant notes that these PIA submissions contains a large body of evidence relating to consumer requirement for the proposed premises, the positive impacts of supporting a vibrant live music culture and robust initiatives for minimising harm, ill-health and other potential adverse impacts related with the grant of a Nightclub Licence. As stated in decision A000057234 “Minimising alcohol-related harm is one of the primary objects of the Act; however, as observed by Ipp J in Executive Director Public Health v Lily Creek International Pty Ltd & Ors [2000] WASCA 258 the harm minimisation object under the Act is not about preventing harm absolutely. Consequently, I need to consider the grant of the application in terms of the risk of any increase in harm and whether any potential increase in harm is unacceptable.”

13.15 The Applicant requests with respect that the Director of Liquor Licensing consider conditionally granting this application as it is in the public interest to do so based on these extensive submissions including Consumer Questionnaires, Community Consultation and numerous Letters of Support.

14. Advertising 14.1 To be completed when dates are finalised by the licensing authority for the specified period.

14.2 A Notice of Application will be distributed to residents, and businesses within a 200 meter radius.

14.3 A Notice of Application will be mailed to schools, hospitals, hospices, aged care facilities, drug and alcohol treatment centres, short term accommodation or refuges for young people, child care centres, churches, local government authority, local police station, which may be situated in the specified locality of the proposed premises.

14.4 A Notice of Application will also be mailed to any local aboriginal community, and, where applicable, on a Regional Department of Indigenous Affairs on or before the first day of the advertising period.

Name Address Kingston International College 131 Harold St, Highgate WA 6003

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Central Institute of Technology 12 Aberdeen St, Perth WA 6000 Stanley College 171 James St Perth WA 6003 Mercedes College Victoria Square, Perth WA 6000 St George’s Anglican Grammar School 50 William Street, Perth WA 6000 Trinity College 2 Trinity Ave, East Perth WA 6004 Citiplace Child Care Centre 16/378 Wellington St, Perth WA 6000 Humpty Dumpty Childcare Centre 48 Subiaco Road, Perth WA 6008 Buggles Child Care Brookfield Place 125 St Georges Terrace Perth WA 6000 Museum Street Child Care 1 Museum St, Perth WA 6000 Nido Early School Level 2, Kings Square 10 Telethon Ave, Perth WA 6000

Central City Medical Centre 14/378 Wellington St, Perth WA 6000 Royal Perth Hospital 197 Wellington St, Perth WA 6000 The Mount Hospital 150 Mounts Bay Road, Perth WA 6000 Perth Medical Centre 713 Hay St, Perth WA 6000 Palmerston Association 134 Palmerston St, Perth WA 6000 Centre for Clinical Interventions 223 James St, Northbridge WA 6003 Department of Psychiatry 50 Murray St, Perth WA 6000 YouthLink 223 James St, Northbridge WA 6003 Nyoongar Outreach 35-37 Gladstone Street, East Perth WA 6004

Aboriginal Alcohol and Drug Service 211 Royal Street, East Perth WA 6004 Alcoholics Anonymous Claisebrook Lotteries House, 33 Moore St, East Perth 6004 Anglicare 23 Adelaide Terrace East Perth WA 6004 Centrecare/One life 456 Hay St Perth WA 6000 Drug and alcohol youth service 129 Hill St, East Perth WA 6004 WA Substance Users’ Association Inc 519 Murray St, Perth WA 6000 WA Network of Alcohol and other Drug Agencies Level 1/25 Gladstone St, Perth WA 6000 Youth Affairs Council of WA 14 Money St Perth WA 6000 Saint Mary’s Cathedral 17 Victoria Square, Perth WA 6000 All Nations Presbyterian Church 2/82 Beaufort St, Perth WA 6000 St George’s Cathedral 38 St Georges Terrace, Perth WA 6000 First Church of Christ 264 St Georges Terrace, Perth WA 6000

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Church of Scientology of Perth 108 Murray St, Perth WA 6000 Perth Baptist Church 10 James St Perth WA 6000 City of Perth 27 St George’s Terrace, Perth WA 6000 Perth Police 2 Fitzgerald Street, Northbridge WA 6003 Advertising List

15. Attachments 1. Perth Live Music Venues Review 2. Consumer Questionnaires 3. Letters of support 4. Harm Minimisation Documents a. Code of Conduct b. House Management Policy c. Management Plan d. Staff RSA Handbook e. Complaint Resolution Procedure f. Patron Management Plan g. Crowd Controller Communication Strategy 5. DCA Strategic Plan 6. Spatial Impressions 7. Perth Entertainment Precincts report 8. Economic & Cultural Value of Live Music in Australia 9. Economic contribution of the venue-based live music industry in Australia 10. Perth Venue Action Survey Report 11. PP1 Northbridge Precinct 12. City of Perth – Noise Management 13. Australian Bureau of Statistics 2016 Census Data 14. WA Fast Facts year Ending June 2020 15. City of Perth Safe City Strategy 2020-2024 16. Preventing Violence – The State Community Violence Prevention Strategy 17. Alcohol-related Hospitalisations Perth (C) Inner and Remainder 18. Licensed premise sin Perth and Northbridge 19. Tourism Forecasts 2019 20. Strategy for Tourism in WA 2020 21. Future Scenario Assessment Report 2017

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