Public Interest Assessment Submission
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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 2 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd 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 3 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd 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; 4 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd 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/ 5 www.hospitalitytotalservices.com.au Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Deva Paradiso Pty Ltd 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