Section 38 - Public Interest Assessment Submission
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Section 38 - Public Interest Assessment Submission Application for the Conditional Grant of a Tavern Restricted Licence Premises Name: Flight Club Perth Location: 383 Murray Street, Perth WA 6000 Applicant: Sunliner Holdings Pty Ltd Office 2, 48 Kishorn Road, Applecross WA 6153 Ph 08 9316 8699 Fax 08 9316 9699 [email protected] www.hospitalitytotalservices.com.au This Submission is not to be copied in part or its entirety by any person without prior written consent from Hospitality Total Services (Aus) Pty Ltd. Failure to do so may result in legal action. Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd 1. INTRODUCTION 3 2. LEGISLATIVE FRAMEWORK – LIQUOR CONTROL ACT 1988 10 3. THE APPLICANT 15 4 VENUE AND OPERATION 19 5 LOCATION AND LOCALITY 37 6 PUBLIC INTEREST 59 7 RESEARCH SECTION 38(4) (A) OF THE ACT – HARM OR ILL-HEALTH 69 8. APPLIED RESEARCH SECTION 38 (4) (A) OF THE ACT – HARM OR ILL-HEALTH 72 9. COMMUNITY CONSULTATION 83 10. SECTION 38(4) (B) OF THE ACT – IMPACT ON AMENITY 86 11. SECTION 38(4) (C) OF THE ACT – OFFENCE, ANNOYANCE, DISTURBANCE OR INCONVENIENCE 91 12. SECTION 38(4) (CA) OF THE ACT – TOURISM, COMMUNITY AND CULTURAL MATTERS 94 13. SUMMARY 99 14. ADVERTISING 100 15. ATTACHMENTS 102 16. FIGURES 103 2 www.hospitalitytotalservices.com Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd 1. Introduction 1.1. Sunliner Holdings Pty Ltd (the Applicant) is seeking approval from the Director of Liquor Licensing for the conditional grant of a Tavern Restricted Licence, as per Section 41 of the Liquor Control Act 1988 (the Act) with respect to the premises to be known as Flight Club Perth. 1.2. The proposed premises will be located across two (2) levels, at 383 Murray Street, Perth WA 6000, as part of the redevelopment of existing, vacant premises, to create a unique, inner city, licensed entertainment amenity based on the social darts phenomenon that originated in the UK called Flight Club. 1.3. This Public Interest Assessment (PIA) submission has been prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd and is in accordance with Section 411 of the Liquor Control Act 1988 (the Act). 1.4. While Flight Club Perth will have a focus on providing a diverse, social indoor darts amenity using the latest technology and catering to the contemporary requirements of consumers, the food and beverage offering has also been carefully considered. 1.5 The premises will be modelled on the successful ‘Flight Club’ premises in London, Birmingham, Manchester, Chicago and Boston, and will be the first Flight Club premises in Australia. 1.6. Section 382(2) and (4a,b,c & ca) have been addressed in this PIA submission, and all due consideration has been given to both primary and secondary objects of Section 53 of the Act. 1.7. Local wine, beer, cider and spirits will also feature at the premises, and food will be available at all times the premises are trading from the new commercial kitchen to be incorporated into the design. 1.8. Flight Club Perth aims to cater to local residents, workers and those resorting to the locality for dining, socialising, entertainment and will be centrally located in Murray Street in Perth. 1.9. Sunliner Holdings Pty Ltd is a new Applicant Company, that has the majority of its Directors from a local experienced Licensee operator within the hospitality, liquor and tourism industries in Western Australia called Capitol Corp Pty Ltd. Sunliner Holdings Pty Ltd provides the connection between the Flight Club operation in the UK and Capitol Corp Pty Ltd. 1.10. Capitol Corp Pty Ltd successfully operate a range of licensed dining and entertainment premises in the greater Perth area including: 1 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/lca1988197/s41.html 2 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/lca1988197/s38.html 3 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_act/lca1988197/s5.html 3 www.hospitalitytotalservices.com Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd The Lookout – Bar-Bowling-Bites, Scarborough; Club Capitol Perth; The Edison – Bar-Music-Eats, Perth; The Newport Hotel Fremantle; The Breakwater Hillary’s; and Metropolis Fremantle. 1.11. Capitol Club Pty Ltd has now signed an agreement to become the first ever Flight Club venue in Australia under the company name Sunliner Holdings Pty Ltd (ABN: 11 636 821 853). 1.12. The Applicant also submits that the proposed premises satisfies the new Section 38(4)(ca) of the Act that states: (4) Without limiting subsection (2), the matters the licensing authority may have regard to in determining whether granting an application is in the public interest include — (ca) any effect the granting of the application might have in relation to tourism, or community or cultural matters; and 1.13. This new addition to the Act requires that the licensing authority give due weight to applications that relate to tourism, community and cultural matters when determining if the grant of the application is in the public interest. 1.14. The Perth CBD has undergone significant development, to attract both local greater Perth residents and tourism visitors. This is evidenced in both local and State tourism strategies that will be discussed throughout this submission4. New precincts including Perth City Link, Elizabeth Quay and Yagan Square have increased the attractiveness of the Perth CBD, and are bringing more people into the capital city each day. 1.15. In addition, the City of Perth is forecast to undergo a period of substantial residential growth between 2019 and 2036, as identified by forecast id: 4https://www.tourism.wa.gov.au/About%20Us/Documents/TOURISM%20WA%20Media%20Kit%202018- 19_digital%20version.pdf 4 www.hospitalitytotalservices.com Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd Figure 1: Population growth forecast for the City of Perth (Source: https://forecast.id.com.au/perth) 1.14 Flight Club Perth will have a high quality fit-out that has been specially designed for the premises to maximise the ability of the premises to cater to patrons. The Flight Club Perth development will feature a commercial kitchen to provide food for patrons, with bar and toilet amenity to be located on both levels. 1.15 The Applicant intends to provide a well-managed safe and welcoming licensed amenity, while balancing the requirements of consumers of liquor and related services in the Perth CBD and safety and health considerations in the public interest. 1.16 As per the Director’s Policy on Public Interest Assessments5 (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 “In considering the public interest, applicants should demonstrate the positive aspects of their application (including the social, economic and health impacts). It is not sufficient for applicants to merely demonstrate that the grant of the application will not have any negative impact.” 1.17 A Consumer Survey was conducted for the purpose of testing the consumer requirement for the unique amenity to be available at Flight Club Perth and to demonstrate that the amenity to be provided will benefit consumers in the locality and that the application is in the public interest (Attachment 1). 1.18 The letters of support (Attachment 2) from the Member for Perth and respected local stakeholder Tourism WA, along with a statement from the Chief Operations Officer for the Club Capitol Pty Ltd group, all conclude that the grant of the application is in the public 5 https://www.rgl.wa.gov.au/docs/default-source/rgl/publicinterestassessment.pdf?sfvrsn=8 5 www.hospitalitytotalservices.com Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd interest, as a suitable amenity to cater to the development of the hospitality, tourism and liquor industries in the State.6 1.19 As part of the Public Interest Assessment process, a community consultation was undertaken. The community consultation included consulting with local stakeholders, ‘at risk’ groups and their representatives, and community organisations in the locality. Please refer to the Community Consultation (Section 9) of this submission. 1.20 A considered Harm Minimisation Plan (Attachment 3) and harm minimisation strategies have been discussed in detail within this report, (Refer Points 7 & 8 - Section 38(4) Harm or Ill - health). 1.21 As a security and crime prevention consideration, Flight Club Perth will incorporate substantial CCTV both internally and externally covering all the entry and exit points in accordance with the Director of Liquor Licensing’s Policy on Safety and Security at Licensed Premises7. Figure 2: Sample of the darts amenity to be available at Flight Club Perth 1.22 Flight Club Perth will have a high-quality fit out, and are designed to reflect an old-time carnival atmosphere: 6 Some letters of support will show the Applicant as being Club Capitol Pty Ltd as this was the original Applicant entity, before the partnership with the Flight Club group was entered into 7 https://www.rgl.wa.gov.au/docs/default-source/rgl/safety_and_security_at_licensed_premises. pdf?sfvrsn=0 6 www.hospitalitytotalservices.com Prepared by Hospitality Total Services (Aus) Pty Ltd on behalf of Sunliner Holdings Pty Ltd Figure 3: Concept images for the premises – to be modelled on existing Flight Club venues (Source: https://flightclubdarts.com/) 1.24 As can be seen in the images above, the premises will have a fairground/carnival theme, that reflects one of the core values of the premises, according to founder Steven Moore of; “energy and intimacy”8.