CLIFF STREET HOSPITALITY PTY LTD applicant for the conditional grant of a tavern licence and extended trading permit (ongoing) hours

GAGE ROADS BREW CO A Shed, Quay, Harbour, Fremantle

PUBLIC INTEREST ASSESSMENT

Prepared by Lavan on behalf of the applicant Ref: Jessica Patterson [email protected] T: (08) 9288 6946 www.lavan.com.au © Lavan 2021

Public Interest Assessment (PIA) Brew Co

Table of Contents

1 Introduction and background 2 Brief overview of proposal 2 Description and background of applicant 3 2 Locality 6 3 Manner of trade 10 The premises – physical aspects 11 Food & drink services 17 Other services 18 Proposed special conditions 19 Harm minimisation policies 19 4 Harm or ill-health – section 38(4)(a) 21 At risk groups and sub-communities 21 Social health indicators 28 Strategies to be implemented to minimise harm or ill-health 30 5 Impact on amenity – section 38(4)(b) 31 Nature and character of the local community 31 How the proposed premises will fit into the amenity 33 Outlet density 34 Consultation 41 6 Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 43 7 Tourism, community or cultural matters – section 38(4)(ca) 43 8 Other aspects to the business 45 Patronage 45 Security and safety 46 9 Section 36B 46 10 Sections 5, 33 and 38 48 11 Conclusion 48

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1 Introduction and background

1.1 This Public Interest Assessment (PIA) supports the application by Cliff Street Hospitality Pty Ltd (ACN 643 075 763) for the conditional grant of a tavern licence in respect of premises situated at A Shed, Victoria Quay, , Fremantle to be known as Gage Roads Brew Co.

1.2 The applicant also seeks the grant of an extended trading permit to authorise trading between 6am and 10am on Sundays to accommodate breakfast functions and events.

1.3 This PIA addresses all relevant aspects of the public interest in accordance with both the Liquor Control Act 1988 (WA) (Act) and the licensing authority’s Public Interest Assessment policy1 (PIA Policy).

1.4 This PIA is part of the Applicant’s Case and should be read in conjunction with the other parts including supporting material2, all of which is itemised in the accompanying document titled Index of Material Before the Director and Applicant’s Case (Index).

1.5 Where this document refers to particular material to support certain information and propositions, some of that material is cited by way of its document listing in the tables contained within the Index (for example (DOC 1)).

Brief overview of proposal

1.6 The State Government has announced a major redevelopment of the historic A Shed building in Fremantle Harbour and awarded the applicant the privilege and duty of converting it into a parochial microbrewery focusing on all things local and catering to all manner of patron.

1.7 The new brewery will be owned and operated by the people behind Good Drinks Ltd (formerly known as Gage Roads Brewing Co Ltd), which is a very well-known Western Australian producer of beer and cider. The new licensed premises will comprise approximately 3,422m2 and will be designed to cater for both local people and tourists, including family groups.

1.8 Gage Roads Brew Co will become an iconic landmark.

1 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy effective 11 March 2010; last amended 16 April 2020

2 Supporting material referred to in this document not produced by or for the applicant has been obtained from public sources under licence. Where relevant, personal information within the supporting material may be limited or redacted for privacy reasons. Full copies of some of the source material accompany this PIA and are listed in the Index. Other material not so listed in the Index can be made available in full if required and has only been left out of the Index to lessen the burden of paper on the licensing authority.

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1.9 The applicant has consulted with and surveyed the community and various others, including State Government levels, in respect of the proposal and obtained evidence of very strong support from all sectors. Further details are provided later on in this document.

1.10 The brewery will showcase craft beer production on site whilst also offering a range of other services and facilities including tastings, education, brewery tours, food, drinks, functions, events, merchandise, entertainment and take-away. Food, including substantial meals, will be available with an emphasis on Western Australian produce.

1.11 The Western Australian beer and cider production industry will be on display through Gage Roads Brew Co.

1.12 A large range of beer and cider produced on site will be available for consumption both on and off the premises. A selection of other liquor items will also be offered for consumption on the premises including wine, champagne and other craft beers and ciders produced elsewhere in . Only beer and cider produced by, or under the direction of the applicant or a related entity will be available in packaged form to take-away.

1.13 Further and better particulars of the proposal are set out in subsequent sections of this document.

Description and background of applicant

1.14 The applicant is a Western Australian company that was incorporated for the purposes of making this application and operating Gage Roads Brew Co. It is a wholly owned subsidary of Good Drinks Australia Ltd. The directors are John Hoedemaker, Aaron Heary and Marcel Brandenburg. The company is owned by Good Drinks Australia Ltd, within which the three directors of the applicant also all hold positions of authority.

1.15 Mr Hoedemaker established the original Gage Roads operation in 2004 and has been instrumental in building it up to a highly reputable and popular Australian beer production business. He possess considerable brewing and business expertise.

1.16 Similarly Mr Heary is also a highly skilled and experienced brewer and businessman. He is the Chief Operating and Strategy Officer for Good Drinks Australia Ltd and will be involved in all aspects of the new company including production.

1.17 Mr Brandenburg is primarily the Chief Financial Officer and has many years of experience in corporate governance and finance.

1.18 Individually and even more so collectively, the three directors have extensive qualifications, skills and experience in beer production, hospitality and business management. They will play active roles in Gage Roads Brew Co and together they will be ideally placed to operate the new business to a very high standard of compliance and success.

1.19 Included with the application are further details for each director in a document listed at DOC 10 in the Index.

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1.20 The information above clearly shows how the history of Gage Roads and the impressive, sizeable operation that has evolved is synonomous with Fremantle and many characteristics of Western Australia. The present application represents further evolution of the Gage Roads group which is testament to the dedication and diligence of the people behind the application and growth generally in the State. The new Gage Roads Brew Co in Fremantle will be open to local people and tourists to enjoy and to experience first-hand a magnificant example of various Western Australian industries.

1.21 Gage Roads is now a significant Western Australian business in terms of growth, size and profile. The directors have been motivated to pursue the new microbrewery and tavern licence through strong desires to enhance the role that Gage Roads plays in local industries and the community and to establish a new spiritual home for the Gage Roads group. The A Shed opportunity will see many benefits realised.

1.22 The WA State Government has published a priority to develop Victoria Quay at Fremantle Harbour as referred to further on in this PIA. As part of that objective, expressions of interest were called for a development at A Shed and the Victoria Quay Waterfront Steering Group was formed in November 2018 which produced a report including the following:

3 https://gageroads.com.au/about-gage-roads/

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Fremantle Ports and the WA Maritime Museum issued an Expression of Interest for the redevelopment of the historic A Shed, closest to the WA Maritime Museum on the harbour’s edge. An announcement on the outcome of this process will be made in August 2020. A Shed’s emergence as a unique harbour-side asset is a huge opportunity for Victoria Quay.

This iconic heritage-listed building requires refurbishment but has the potential to be developed by a third-party into a major commercial and hospitality enterprise, which would act as a significant catalyst for further development on Victoria Quay by others. Currently Victoria Quay lacks such a major commercial operation that would spark the change sought.

A revitalised A Shed will provide a new visitor experience for locals, and cruise ship visitors, as well as generate jobs and vibrancy. Its immediate proximity to the WA Maritime Museum will significantly increase visitation numbers to that internationally- recognised tourist attraction.4

1.23 The applicant was the successful expresser of interest and in being awarded the opportunity, the State Government published the following in a Media Statement regarding the applicant and its proposed development5:

Fremantle's Victoria Quay is set to be transformed into a tourism landmark, with a new micro-brewery, eatery and café set to open in the historic A Shed building next year.

The McGowan Government has granted a lease to Western Australia brewing company Gage Roads Brewing Company to refurbish and develop the almost 100- year old building following a request-for-proposal process.

The Gage Roads proposal will see the heritage-listed goods shed transformed into a working micro-brewery, eatery, alfresco area, bar and café.

The facility will operate seven days a week as a family-friendly venue geared towards attracting a wide clientele of locals and tourists, including those visiting Victoria Quay by bike, on foot and via public transport

Comments attributed to Premier Mark McGowan:

"The redevelopment of A Shed delivers on our election commitment to bring high- value uses to the precinct and develop it as a world class tourist destination.

"Right alongside the existing spectacular WA Maritime Museum, with an incredible harbour vista, this will become a highly-popular destination for both Western Australians and tourists.

"In a challenging economic period, this is a major demonstration of confidence by a key player in the WA hospitality industry, that will generate jobs in both the construction and operational phases."

4 Victoria Quay Waterfront Opportunities for a vibrant civic, commercial and tourist destination - https://www.fremantleports.com.au/docs/default-source/planning-and-development/victoria-quay- waterfont.pdf?sfvrsn=78dca903_2 (DOC 21) at page 5

5 https://www.mediastatements.wa.gov.au/Pages/McGowan/2020/08/A-Shed-redevelopment-to-transform-Victoria-Quay.aspx

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Comments attributed to Ports Minister Alannah MacTiernan:

"Once complete, this Gage Roads facility will be a fantastic place to have a meal or drink, watch the theatre of the working port at the mouth of Swan River and absorb the history of this iconic Western Australian site.

"A Shed is one of the most exciting tourism development opportunities in Western Australia and this project is a tremendous step toward delivering this part of Victoria Quay as a world-class civic hub in a port environment.

"We are particularly excited that Gage Roads will use this new development to showcase beers and products from regional WA, helping to support our regional food and beverage businesses."

Comments attributed to Fremantle MLA Simone McGurk:

"The site of Fremantle Harbour has a rich history, covering indigenous, economic, social and labour stories many of us know so well, and A Shed is a significant example of the wharf's unique industrial architecture.

"This is a game-changer. Opening in summer 2021, this development will significantly increase foot traffic into the western end of Victoria Quay, and spur other development, as we progressively transform Victoria Quay into a world- class people place."

1.24 Clearly the establishment of Gage Roads Brew Co is of vital importance for various reasons and is likely to become a quintessential facility for Western Australia.

1.25 Whilst the applicant is a private, incorporated entity, named in reference to the main access point to the site, being Cliff Street and the business proposed to be establshed will be privately run as opposed to a government operation, underlying the development are important State Government objectives. Approval of the tavern licence as proposed will see those objectives fulfilled.

1.26 The State Government has obviously already scrutinised the people behind this application and recognised them, with the backing of Good Drinks Australia Ltd, as being best placed to deliver the major project and help achieve its objectives.

2 Locality

2.1 The PIA Policy provides that “[a]s part of a PIA submission, applicants must provide details regarding the community in the vicinity of the licensed premises (or proposed licensed premises) and any amenity issues in the locality”. The “locality will be the area most likely to be affected by the granting of an application in relation to amenity issues”6.

2.2 The PIA Policy specifies that the relevant locality for premises proposed to be situated in Fremantle is a 2km radius surrounding the applicant’s site. The applicable area in this case is depicted in the image below (Locality). The Locality is entirely within the .

6 PIA Policy

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2.3 The Locality comprises the following:

2.3.1 All of the suburb of Fremantle.

2.3.2 Part of the suburb of North Fremantle, but not the residential area.

2.3.3 A tiny pocket of the suburb of South Fremantle.

Therefore, where suburb information and statistics have been referred to in this PIA those related to the suburb of Fremantle have mainly been referred to.

2.4 Fremantle recorded a resident population of 8,211 at the 2016 Census7 whilst Victoria Quay attracts around 800,000 tourists each year8.

2.5 The City of Fremantle recorded more than $231 million worth of projects approved for construction in 2018-19. Mayor, Brad Pettitt said:

After the City of , Fremantle has the highest amount of building approvals per capita in the metropolitan area.

7 https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC50520?opendocument

8 Victoria Quay Waterfront Opportunities for a vibrant civic, commercial and tourist destination - https://www.fremantleports.com.au/docs/default-source/planning-and-development/victoria-quay- waterfont.pdf?sfvrsn=78dca903_2 (DOC 21) at page 2

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Even more impressive is that Fremantle is going against the state wide trend, which has seen building approvals more than halve since 2014 according to the WA Treasury.

Our continued strong performance in building approvals is clear evidence that Fremantle is seen as an attractive place to invest and the City’s plans to get more people living and working in Fremantle are working.9

2.6 Further in terms of building approvals:

10

2.7 The City of Fremantle’s Strategic Community Plan 2015-2025 contains the following pertinent statements which totally support the application:

With levels of development and investment not seen since the America’s Cup, Fremantle is on the cusp of a major period of revitalisation that will reinforce its position as a place of great significance to Western Australia, being home to modern facilities and high quality infrastructure.11

2.8 A partner at top-tier analyst firm Price Waterhouse Coopers stated that “analysis shows Fremantle’s strength lies in its cultural attractions…[b]ut it lags behind Perth in terms of access to bars, entertainment and dining venues. A future Fremantle could be shaped around waterfront redevelopment and business investment that enhances these features”12. The Gage Roads Brew Co proposal will address this directly.

9 https://www.fremantle.wa.gov.au/news-and-media/2882019-another-strong-year-building-approvals- fremantle?utm_source=miragenews&utm_medium=miragenews&utm_campaign=news; https://cofremantle.wordpress.com/2019/08/22/freo-building-approvals-continue-to-buck-state-trend/

10 Mayor Brad Pettitt’s blog: https://cofremantle.wordpress.com/category/development/

11 https://www.fremantle.wa.gov.au/sites/default/files/sharepointdocs/Strategic%20Community%20Plan%202015-25-C- 000510.pdf at page 5

12 https://thewest.com.au/news/citypulse/freo-ripe-for-new-investment-to-regain-its-edge-ng-b88885026z

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2.9 Fremantle is very established as a port city. As is clear from the map of the Locality provided earlier on in this section and as is well-known to the licensing authority, the dominant features of the Locality are Fremantle Harbour (including Victoria Quay) and Fishing Boat Harbour. These aspects and the entrances to them from the Indian Ocean comprise around 75% of the Locality area. The commercial harbour uses are the main uses operating in the Locality where there is major maritime infrastructure including shipping and Rottnest ferry services. Other, uses in the Locality include industrial, retail, other commercial, educational, arts and culture, residential, recreational and hospitality. The Locality also has considerable history and is home to many heritage buildings. The following images depict various parts of the Locality:

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2.10 Further and better particulars of the Locality are set out elsewhere in this document.

3 Manner of trade

3.1 The applicant proposes, with the establishment of Gage Roads Brew Co and the grant of the tavern licence, to return life to Victoria Quay through active industry within A Shed and thereby providing a place of employment, production, hospitality, culture, community and social connection.

3.2 The proposal is focused on the return of the industrial fabric of A Shed with a working brewery housed within the iconic building and the addition of public interaction through the provision of high-quality hospitality products and services.

3.3 Traditionally, over the centuries, breweries around the world have been an essential part of the social fabric of communities, providing a place of employment, local product manufacturing and also a place of gathering and socialisation. Such facilities have engendered a sense of community. The applicant is motivated to deliver on this tradition in a suitably historical site, with its redevelopment of A Shed into Gage Roads Brew Co.

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3.4 The applicant intends to preserve, protect, nurture and enhance the structure of A Shed through reinterpreting the spaces with new uses and vitality. The heritage of the site shall be protected and the buildings returned to former glory complete with a modern state-of-the-art internal fit out that is sympathetic to the history of the building.

3.5 Activating the site will return the buildings to fulltime use and welcome new generations of locals and visitors to the area that are seeking an authentic hospitality experience wrapped around a piece of WA history via contemporary execution.

3.6 The applicant intends to pay homage to this next phase of A Shed’s life with an appropriate installation that connects with the historical journey of the community and the A Shed buildings.

3.7 The applicant seeks approval for the standard permitted trading hours applicable to a tavern licence under the Act, together with approval to operate earlier on Sundays, potentially from 6am for functions and events. Therefore, approval is sought to trade Monday to Sunday from 6am to 12 midnight13. Often the applicant will open late morning and close before midnight.

The premises – physical aspects

3.8 The location of site at Victoria Quay is identified by the red arrows in the following aerial images:

13 Variations will apply in accordance with the Act on Good Friday, Anzac Day and Christmas Day

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3.9 A Shed comprises several beautiful buildings with spectacular timber beams and high ceilings. Sadly, the structures have been neglected. The history, beauty and rundown nature of A Shed is apparent from the images below:

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3.10 A Shed is 100m-long and comprises approximately 2,232m2 of building area. The applicant has been granted a lease of this whole area together with an adjacent alfresco area of approximately 1,190m2. The entire leased area of approximately 3,422m2 is sought to be licensed.

3.11 The fitout will be designed so that the public area is mainly on the northern side, overlooking the Harbour and the ocean so as to get maximum benefit from the location.

3.12 The following is an extract from the applicant’s draft floor plan and an artist sketch of the proposed new operation:

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3.13 Gage Roads Brew Co will retain the A Shed’s working and industrial fabric, with restoration works designed to highlight and celebrate the history and weathered patina while breathing new life into the structure. The fixtures, fittings, furnishings and colour-scheme will reflect these same themes and complement both the features of the old buildings and the harbour location.

3.14 The fitout and décor will be very soft, passive and non-offensive to help ensure the venue is comfortable for a wide catchment and has a calm and relaxed atmosphere.

3.15 A range of seating options shall be available throughout the venue, including three distinct outdoor al-fresco areas that will provide patrons with unique portside amenity.

3.16 A view of the working harbour will be maximised as well as in-venue storytelling as to the harbour history, the nearby Maritime Museum and other Fremantle points of interest for visitors.

3.17 The central focus of the development will be the working brewery dramatically exposed and highly visible to visitors. It will be authentic and state-of-the-art. The brewery will be fully operational every day, providing beer not only for consumption at the venue itself but also a range of packaged beer for retail sale.

3.18 The significant and technologically advanced pilot brewery to be established, will have the capacity and capability of brewing high quality, award winning craft beer and cider that can be served fresh across the bar, straight from the tanks on site.

3.19 The stainless steel brewery will house a laboratory and small-scale packaging assets to allow for experimentation, new product development and a never-ending portfolio of limited release beers to excite the public and meet with consumer demand for new and different beers. The highly experienced directors of the applicant company have intimate knowledge of consumer demands and expectations for their beer products.

3.20 The brewery will operate with an energy recovery system to ensure the lowest carbon and water footprint possible is achieved.

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Food & drink services

3.21 The applicant will offer a range of food and drinks, mainly for consumption on the premises but also a range of packaged craft beer and cider for take-away sale for consumption off the premises.

3.22 The food and drink items at Gage Roads Brew Co will have a dominant Western Australian persuasion. Menu items will comprise almost entirely of ingredients and products that have been grown and produced in Western Australia. The venue is intended to be a showcase of WA produce.

3.23 Gage Roads Brew Co will be open to the public seven days per week with an all-day dining offering. Highly trained and professional chefs and kitchen staff will provide a range of snack items through to substantial meals that showcase Western Australian produce, with a particular focus on Western Australian seafood.

3.24 Included in the Applicant’s Case is a sample (draft) menu, listed in the Index at DOC 11.

3.25 There will be a large central kitchen where the theatre of cooking will be on display for patrons to enjoy. The applicant intends for a very high quality and consistency of food.

3.26 The drinks list will comprise:

3.26.1 In-house brewed beer and cider, on-tap and bottled, available for consumption both on and off the premises.

3.26.2 Other craft beer produced by other brewers elsewhere in WA, available for consumption on the premises.

3.26.3 Wine, sparkling and spirits, focusing on artisan producers and regional craft suppliers of items produced in WA, available for consumption on the premises. Most items will be produced in WA.

3.26.4 A wide range of non-alcoholic drinks.

3.27 The beer varieties to be produced will change from time to time and may include the following in addition to many others, including limited releases:

3.27.1 Lager 3.27.6 Stout

3.27.2 Pale ale 3.27.7 Porter

3.27.3 Indian pale ale 3.27.8 Cider

3.27.4 XPA

3.27.5 Sessional ale

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3.28 A copy of the draft opening drinks list has been included in the Applicant’s Case, listed in the Index at DOC 12.

Other services 3.29 Within the premises there will be a retail area of approximately 35m2 for patrons to purchase beer and cider produced by, or under the direction of, the applicant or a related entity.

3.30 The small retail area will be of an open layout, located alongside the main bar, in clear view to all patrons as part of the overall venue experience, rather than a typical enclosed shop format. Gage Roads Brew Co merchandise will also be available from the retail area, which will include clothing and many other items. 3.31 A children’s ocean and beach themed area will be installed to provide entertainment for young people and to support families, delivering on the State Government’s directive for a family-friendly operation.

3.32 Special events will be conducted from time to time and private functions will be accommodated.

3.33 Brewery tours will be offered, accompanied by education on beer production and the history of the premises and beer appreciation classes. Tastings will be also be available.

3.34 The applicant will also collaborate with other producers in relation to some beers that it will produce, to enhance and vary the range and add another dimension to the operation. Such collaborations will also promote other Western Australian products and producers.

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3.35 The following policies and other measures will be adopted at Gage Roads Brew Co:

3.35.1 No smoking.

3.35.2 Non-offensive dress code.

3.35.3 Music of an eclectic nature, at background level, designed to set a passive mood.

3.35.4 Patrons greeted at entrances by staff.

Proposed special conditions 3.36 The applicant seeks approval for the grant of a tavern licence to be endorsed with conditions pursuant to sections 41(1)(a) and 98(1) of the Act.

3.37 Further, the applicant will be agreeable to the following special trading conditions to be imposed should the licensing authority consider appropriate.

3.37.1 Only liquor produced by or under the direction or control of the licensee, or a related entity, is permitted to be sold as packaged liquor for consumption off the premises.

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

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

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

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

3.37.6 A closed circuit television system compliant with the Director of Liquor Licensing’s Security at Licensed Premises policy shall be installed at the premises.

Harm minimisation policies

3.38 The applicant has prepared detailed plans for good management of the premises including for minimisation of risks. Every effort will be made to create an environment that is safe, non-threatening and enjoyable for all.

3.39 Various, expertly prepared policies, practices and procedures will be implemented to facilitate compliance across a wide range of areas and to create a business that endorses and encourages responsible drinking.

3.40 Among others, policies and procedures have been prepared in accordance with the policy of the Director of Liquor Licensing in relation to harm minimisation (DOC 8).

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3.41 As referred to previously in this PIA and the accompanying Legal Submissions (DOC 9), there are various features of the proposal which will contribute towards minimising harm. Business will certainly be conducted under the licence in a manner that minimises the potential for harm or ill-health to occur as a result of the sale and supply of liquor at Gage Roads Brew Co. The extensive experience of the applicant company directors will help ensure this.

3.42 Key elements of the applicant’s House Management Policy (DOC 8) include the following:

3.42.1 Training of staff to ensure they understand their responsibility in relation to the service of liquor.

3.42.2 Risk identification and potential conflict resolution policies to involve the approved manager.

3.42.3 Readily available water for all patrons consuming liquor.

3.42.4 Food being available and promoted at all times the proposed premises is open for trade.

3.42.5 No promotions or discounts on liquor that encourage excessive consumption.

3.42.6 No shooters.

3.42.7 Patrons will be required to comply with house rules and respect all other patrons or they will be asked to leave.

3.42.8 A clear mandate by management to work with the Police in the event of a potential threat.

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

3.44 Strict policies will apply in respect of juveniles. The applicant acknowledges that juveniles will frequent the premises and will require special care and attention. Liquor will not be sold to anyone suspect of being likely to provide the liquor to a juvenile.

3.45 There will be close monitoring of drunkenness on the premises, which will not be tolerated and neither will the supply, or attempted supply, of liquor by patrons to drunk people. Staff will be trained to constantly monitor the consumption levels of patrons and look for signs of developing intoxication.

3.46 One of the key objectives at Gage Roads Brew Co will be to create a safe and non- intimidating environment that can be comfortably enjoyed by people of all ages and backgrounds. It is important that patrons feel at ease, secure and not threatened by the environment. This will be achieved by various facets of the operation, including the following by way of example:

3.46.1 The heritage architecture and historical nature of the space.

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3.46.2 Style of furniture and seating arrangements.

3.46.3 Cleanliness and maintenance.

3.46.4 Music and ambiance.

3.46.5 Appropriate lighting.

3.46.6 Strong food presence.

3.46.7 Highly friendly, accommodating and knowledgeable staff.

3.46.8 Management practices developed by very experienced people.

3.46.9 Messages at entry points publishing the nature of the operation and its passive environment.

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

4.1 The applicant has had regard for the various risk factors in the Locality contemplated in the PIA Policy. These include consideration for “at risk groups and sub- communities” referred to in the PIA Policy, alcohol-related hospitalisation, crime and other social health indicators.

4.2 These matters are addressed in relevant detail in this section of the PIA. Collectively, they reveal there are no stand-out risk factors of the Locality relevant to the application such that there should be any concern surrounding the grant of the tavern licence and ETP.

At risk groups and sub-communities

4.3 The table below contains some of the 2016 Census statistics14 that are relevant in identifying and assessing the at risk groups and sub-communities living in the Locality with reference to the PIA Policy. Statistics for the whole of the City of Fremantle and the whole of the State have also been provided to give context.

Census category Fremantle City of Fremantle Western (suburb) Australia

At risk group: Children and young people

Persons aged 14 and 10.6% 14.2% 19.2% younger

Persons aged 19 and 14.6% 18.8% 25.3% younger

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

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Census category Fremantle City of Fremantle Western (suburb) Australia

Average age of persons in 41 42 36 suburb

At risk group: Aboriginal people and communities

Aboriginal and Torres Strait 1.5% 1.6% 3.1% Islander people

At risk group: Families

Couple family without 50.8% 44.3% 38.5% children

Couple family with children 31.8% 37.8% 45.3%

One parent family 15.1% 16.3% 14.5%

Other family 2.2% 1.7% 1.7%

At risk group: Migrant groups from non-English speaking countries

Australia as country of birth 56.0% 60.8% 60.3%

Top three responses as to English English English ancestry Australian Australian Australian Irish Irish Irish

English only language 75.3% 76.8% 75.2% spoken at home

Households where a non 16.7% 18.2% 19.4% English language is spoken

At risk group: People in low socio-economic areas

Worked full-time 55.3% 54.0% 57.0%

Worked part-time 32.1% 33.4% 30.0%

Unemployed 7.6% 7.4% 7.8%

Median weekly income – $817 $778 $724 personal

Median weekly income - $2,252 $2,173 $1,910 family

Median weekly income - $1,548 $1,585 $1,595 household

More than $3000 gross 22.4% 23.0% 19.2% weekly income

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4.4 All of the statistics above reflect very positively on the Locality. The following factors are of particular note:

4.4.1 The resident population is generally more mature when contrasted with the corresponding State population.

4.4.2 Only a very small number of Aboriginal and Torres Strait Islander people live in the Locality, which is a much smaller number than elsewhere in the State on average. According to the PIA Policy, this is favourable risk assessment factor.

4.4.3 The Locality is noticeably more affluent than the wider local government area and even more so than Western Australia overall, with its working population earning well above the average State income level.

4.4.4 There are noticeably fewer young people and families with children which is also a positive risk factor.

4.4.5 There does not appear to be a high proportion of migrants from non-English speaking countries in the Locality relative to the State average.

4.5 As to “people from regional, rural and remote communities” referred to in the PIA Policy, the Locality is within the Perth metropolitan region. It is a densely populated, well-established and built up area. In such circumstances, the Locality is certainly not regional, rural or remote. It is also not a mining community and not known to have “a high number of itinerant workers” as referred to in the PIA Policy, although there may be people from the mining industry who live in the Locality and some itinerant workers. It was not possible to clearly identify itinerant workers.

4.6 As to the PIA Policy’s reference to “communities that experience high tourist numbers”:

4.6.1 The Locality in this case is a major tourist area. A fact that would be well within the knowledge of the licensing authority.

4.6.2 This should be viewed as a most positive factor in relation to this application. Importantly, as addressed earlier on in this PIA, a major driver behind the State Government’s goal of redeveloping A Shed awarding the applicant the operation of the premises, is to cater for tourists and enhance tourism in Fremantle and the WA.

4.6.3 The grant of the licence and ETP will ensure that a well-known tourist area continues to provide and better provides for, a diverse and exciting range of new and interesting hospitality experiences for tourists, particularly where the proposal is for a very locally-focused venture.

4.6.4 Tourism WA has reported that “[t]he range of venues and activities on offer is the most critical factor driving both precinct visitation and overall opinion.

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They are fundamentally the call to action. Catering to this need will have a natural flow-on effect with regards to vibrancy and accessibility…”15.

4.6.5 Fremantle’s status as a premier Western Australian tourist destination is confirmed by the following statistics published by Tourism WA in its City of Fremantle Visitor Factsheet.16

4.6.6 Tourism Western Australia describes Fremantle in the following terms17:

The vibrant city of Fremantle blends the old with the new, creating an enriching cultural experience. Maritime, convict and colonial history can be explored in one of the best preserved examples of a 19th century port streetscape on Earth, while buzzing markets, lively bars and casual street cafes give you a taste of 21st century life with the locals.

As Perth's neighbouring port town, Fremantle (or Freo as it's affectionately known) is just a 30-minute drive or train ride from the city. Or, you can hop on the ferry from Barrack Street for a leisurely cruise down the Swan River.

If you're hitting the heritage trail, be sure to include a visit to the Western Australian Maritime Museum, World Heritage listed Fremantle Prison and Western Australia's oldest public building, the Roundhouse.

You can even take in some classic colonial architecture as you sip your coffee on the Cappuccino Strip or a cool beer at one of many heritage pubs.

15 Precinct Report August 2017 – Tourism WA: https://www.fremantle.wa.gov.au/sites/default/files/Destination%20Marketing%20Strategic%20Plan%202018-2022.pdf

16 https://www.tourism.wa.gov.au/Publications%20Library/Research%20and%20reports/2018/LGA%20Profiles%202018/ Fremantle_2018%20Factsheet.pdf

17 https://www.westernaustralia.com/en/Destination/Fremantle/56b266c1d5f1565045da9d6d#/

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And if you venture into the Fremantle Markets, you'll experience the exotic aromas, sights and sounds of an icon that's been bustling for more than 100 years.

At its shores, the redeveloped Fishing Boat Harbour that has been in operation since the early 1900s is still the best place to sample fresh local seafood, only today you can wash it down with a locally-brewed ale or premium West Australian wine.

For shopaholics, the pickings are just as rich, from high street fashion to local designers, homewares to curios and a range of galleries, including Aboriginal art. And after sundown, you'll see the street cafes, bars and clubs crank up the pace to create a buzzing night scene.

If you're making Fremantle your base, you'll find plenty of budget backpacker accommodation, as well as boutique bed and breakfasts, self-catering cottages, apartments and hotels to choose from.

Freo is a town that is proud of its authenticity, anything-goes attitude and creativity. Experience it at its best by timing your visit to coincide with one of its many famous cultural festivals.

4.6.7 Tourism is a significant economic driver for Fremantle and the City of Fremantle has launched a new brand and visual identity explained as follows:

Fremantle Mayor Brad Pettitt said the launch of Fremantle’s new brand and visual identity comes during a time of unprecedented renewal in the city, with the impending completion of the $270 million Kings Square Renewal project and significant investment into hotels, hospitality and entertainment.

“Fremantle is currently undergoing a once-in-a-generation transformation thanks to a huge level of public and private investment,” Mayor Pettitt said…

The chair of the City’s Destination Marketing Working Group, Linda Wayman, said the new brand was a bold and contemporary stake in the ground that echoed the spirit, soul and intimate connection to the sea that Fremantle is famous for.

“Fremantle has a reputation for its artistic, creative and laid back nature,” Ms Wayman said.

“However we wanted to capture the sophistication and polish that now exists within our City’s high-end boutique retail, fine dining, craft beer and hospitality scene.”

Fremantle was recognised as a top ten city in the world in Lonely Planet’s “Best in Travel” in 2016. In 2017, Fremantle was ranked Perth’s most popular entertainment precinct in a study carried out by Tourism Western Australia.

Fremantle boasts some of Western Australia’s most significant and visited tourism attractions, including the UNESCO World Heritage Listed Fremantle Prison, Fremantle Markets, Western Australian Maritime Museum and popular precincts such as the award-winning Fishing Boat harbour, Cappuccino Strip and historic West End.

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4.6.8 As stated earlier on in this document, Victoria Quay attracts around 800,000 tourists each year18.

4.6.9 Additional information regarding tourism is provided further on in this document.

4.7 As required by the PIA Policy, the applicant has carefully considered whether there are other groups of people who may be vulnerable or at risk more so than the average person, who live in, work in or visit the Locality.

4.8 No schools, hospitals, churches or day care centres have been identified within close vicinity of the site and certainly.

4.9 The applicant has diligently prepared the following map showing the nearest main neighbours which operate at most times and comprise Fremantle Port Authority, a residential apartment block, TAFE and WA Maritime Museum:

4.10 The nearest residents are just under 200m away, as depicted in the following Google Map. There is no line of sight between homes and A Shed.

18 Victoria Quay Waterfront Opportunities for a vibrant civic, commercial and tourist destination - https://www.fremantleports.com.au/docs/default-source/planning-and-development/victoria-quay- waterfont.pdf?sfvrsn=78dca903_2 (DOC 21) at page 2

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4.11 The following churches, schools and hospitals are situated in or close to the Locality:

4.11.1 Fremantle Wesley Uniting Church

4.11.2 St John’s Anglican Church

4.11.3 Scots Presbyterian Church

4.11.4 Fremantle Church

4.11.5 Holy Spirit Chapel

4.11.6 St Paul’s Anglican Church

4.11.7 Christian Science Society

4.11.8 Lance Holt School

4.11.9 St Patrick’s Primary School

4.11.10 Fremantle Primary School

4.11.11 Fremantle Primary Early Childhood Centre

4.11.12 East Fremantle Primary School

4.11.13 White Gum Valley Primary School

4.11.14 Notre Dame University

4.11.15 International School of Beauty Therapy & Bio Sculpture

4.11.16 Fremantle Hospital

None of these are located within the vicinity of A Shed.

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4.12 Notwithstanding the various at risk groups, subcommunities and other potentially sensitive places within the Locality as identified in preceding paragraphs, there is a considerable buffer distance around the applicant’s site to help ensure that people from those groups and places will not be adversely affect. Further, the manner of trade proposed can be regarded as low risk and unlikely to cause problems.

Social health indicators

4.13 The applicant has had regard for various social health indicators associated within the Locality as referred to in the PIA Policy.

4.14 The applicant acknowledges that there is crime in the Locality. Statistics pertaining specifically to proven crimes, alcohol-related incidents or offences surrounding tavern licensed premises in particular, were unavailable. The applicant has had regard for general offence data published by WA Police so as to assess crime in the area generally and broadly.

4.15 The following two graphs contain offence data as recorded by Police in the suburb of Fremantle between 2011/12 and 2019/202019.

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

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4.16 The overall trend in offences shown in the graphs above is declining which is a positive factor for consideration in this case. In particular, non-family assaults and threatening behaviour statistics show a slight decrease and certainly no increase which is positive given that these offences are most commonly associated with liquor consumption.

4.17 Rates of alcohol-related hospitalisations are considered to be relevant social health indicators according to the PIA Policy. In this respect, the 2014 surveillance report published by the Drug and Alcohol Office provides some useful insight in relation to the Locality. The report is believed to be the latest published material of its kind, although it is 6/7 years old. The extract below from the report is in respect of alcohol- related hospitalisations in the City of Fremantle between 2007 and 2011.20

20 As at the date of this PIA, it is understood that the 2014 report is the most current version published by the Drug and Alcohol Office, although a copy is no longer available online but would be known to the licensing authority. A copy can be provided to the licensing authority if required.

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4.18 The applicant acknowledges that the above extract shows that the City of Fremantle experienced a significantly higher rate of alcohol-related hospitalisations than the State average during the reporting period. Despite this, the grant of the tavern licence is most unlikely to contribute to an increase in alcohol-related hospitalisations because of the various risk minimising factors associated with Gage Roads Brew Co that have been referred to throughout this PIA.

4.19 The Australian Bureau of Statistics Socio-Economic Index For Areas (SEIFA) has been used by the licensing authority as an indicator of the social health of a given locality. The Fremantle SEIFA Index of Relative Socio-economic Advantage is 8 out of 1021 which indicates a positive state of social health. The City of Fremantle also recorded a very high SEIFA rating of 9 out of 10 at the last Census indicating that it is one of the most advantaged local government authorities in the State.

Strategies to be implemented to minimise harm or ill-health

4.20 There is a range of strategies that the applicant will implement which will minimise the potential for harm or ill-health to occur within the Locality as a result of liquor being sold and supplied at and from Gage Roads Brew Co. Those strategies include the following:

4.20.1 Creating and maintaining services and facilities of a high standard in all respects.

4.20.2 Establishing premises designed to accommodate people of all ages, genders, race and background.

4.20.3 Engaging qualified and well-trained people to be involved with the business.

21 https://www.abs.gov.au/AUSSTATS/[email protected]/DetailsPage/2033.0.55.0012016?OpenDocument

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4.20.4 Adopting and subsequently operating in accordance with responsible management plans and codes of conduct.

4.20.5 Adopting and subsequently operating in accordance with professional policies and procedures for superior management.

4.20.6 Pricing liquor at a level which will not encourage rapid or excessive consumption.

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

4.20.8 Offering food and providing other products and services which are separate and distinct from the consumption of liquor.

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

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

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

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

4.22 Importantly, the consumer consultation conducted by the applicant has not revealed any notable concerns from anyone regarding matters of harm or ill-health risks associated with the Gage Roads Brew Co proposal.

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

Nature and character of the local community

5.1 To further understand the type of people who live in the Locality, the following table contains some additional 2016 Census statistics as to the local demographic, which can be considered together with information provided earlier on in this PIA:

Census category Fremantle

Number of people 8,211 (49% male/51% female)

Married 33.3%

Never married 45.5%

Born in Australia 56%

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Census category Fremantle

Country of birth – top England (10.4%) response other than Australia

Top three languages spoken Italian other than English French Spanish

Occupation category – top Professionals response (38.5%)

Median weekly personal $817 income

Most common dwelling type Separate house (41.9%)

Tenure – top response Rented (42.3%)

Median rent $360

Median mortgage repayments $2,167

5.2 The above statistics indicate that the average resident in the Locality can be described as follows:

5.2.1 female,

5.2.2 never married,

5.2.3 born in Australia,

5.2.4 working in a professional position and

5.2.5 renting her home.

5.3 Based on the PIA Policy, such a person is not regarded as necessarily being at risk.

5.4 The City of Fremantle has been described in the following terms:22

The City of Fremantle is a local government authority located 20km south of the Perth CBD comprising the suburbs of Beaconsfield, Fremantle, Hilton, North Fremantle, O’Connor, Samson, South Fremantle and White Gum Valley.

The Town of Fremantle Council was founded in 1871 and it wasn’t until 1929 that it gained city status. Today, the City employs more than 400 people and services approximately 30,000 residents over a land area of 19 square kilometres.

22 https://www.fremantle.wa.gov.au/about

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We pride ourselves on responsible social, economic and environmental management and in 2009, Fremantle became WA's first carbon neutral city. In September 2014, Fremantle became one of only two councils in Australia to achieve national One Planet certification for sustainability.

The City also has a strong focus on arts and culture and owns and runs the iconic Fremantle Arts Centre and world-renowned festivals including Australia’s oldest festival, the Fremantle Festival.

How the proposed premises will fit into the amenity 5.5 “Research shows that Fremantle is seen as having a diverse range of experiences and the density of those experiences are reflected in the City’s walkability…Fremantle is seen as a city that is vibrant, lively, fun, colourful, quirky, gritty and relaxed. Its physical assets such as the heritage buildings and precincts, the port, Fishing Boat Harbour, and the City’s beaches, as well Fremantle’s reputation as an arts and culture city, collectively provide a unique competitive advantage.”23 The Gage Roads Brew Co proposal will fit perfectly within both the existing and future diversity of services and facilities.

5.6 From a physical appearance and structure perspective, the design of Gage Roads Brew Co is ideal for the location and the A Shed site. The amenity will be significantly improved by the renovation and redevelopment of A Shed with a new but entirely compatible business.

5.7 The materials and colours proposed will be very attractive and the new fitout designed specifically for the site.

5.8 Research demonstrates that Fremantle is the most diverse precinct in the Perth metropolitan area which is both vibrant and lively. According to a Tourism WA report conducted in August 2017:

The range of venues and activities on offer is the most critical factor driving both precinct visitation and overall opinion. They are fundamentally the call to action. Catering to this need will have a natural flow on effect with regards to vibrancy and accessibility…24

5.9 The Gage Roads Brew Co proposal will clearly add considerable vibrancy and other benefits for the local scene. This proposition is supported by the awarding of the project by the State Government to the applicant and the comments from the Premier and ministers at the time, as referred to earlier on in this document. Clearly the Government considers the Gage Roads Brew Co proposal will make an excellent, much needed improvement to amenity.

23 https://www.fremantle.wa.gov.au/sites/default/files/Destination%20Marketing%20Strategic%20Plan%202018-2022.pdf at page 8

24 https://www.fremantle.wa.gov.au/sites/default/files/Destination%20Marketing%20Strategic%20Plan%202018-2022.pdf at page 18.

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Outlet density 5.10 As required by the PIA Policy, the applicant has identified all of the licensed premises that already exist in the Locality. The applicant has also diligently considered those around the boundary of the Locality. Those existing premises are considered to be the following:

No. Licence type Premises name Licensee Licensed premises address

1 Hotel Railway Hotel Maylat Pty Ltd 44 Tydeman Road, North Fremantle

2 Hotel Wilson’s Swan Hotel Maylat Pty Ltd 201 Queen Victoria Street, North Fremantle

3 Hotel Hougoumont Hotel Red Rock Consolidated Pty 7-15 Bannister Street, Ltd Fremantle

4 Hotel Norfolk Hotel Fremantle Gosatti Holdings Pty Ltd 47 South Terrace, Fremantle

5 Hotel Peninsula & Oriental University of Notre Dame - 25 High Street, Fremantle Hotel Fremantle Campus

6 Hotel The Federal Boutique Prolog Investments Pty Ltd 23 William Street, Fremantle Hotel

7 Hotel The National Hotel Carnegies Realty Pty Ltd 98 High Street, Fremantle

8 Hotel Warders Hotel W1 Hospitality Pty Ltd 19 Henderson Street, Fremantle

9 Tavern Australia Hotel Kalmac Pty Ltd Cnr Beach and Parry Streets, Fremantle Fremantle

10 Taver n Bar Orient Fremantle Beverages Pty 39 High Street, Fremantle Ltd

11 Tavern Clancy's Fish Pub Alba Pty Ltd 51 Cantonment Street, Fremantle

12 Tavern Freo.Social Freo Social Hall Pty Ltd 1 Holdsworth Street, Fremantle

13 Tavern Monk Craft Brewery 33 South Pty Ltd 33 South Terrace, Fremantle Kitchen

14 Tavern Moondyne Joes Orebo Pty Ltd 73 Wray Avenue, Fremantle

15 Taver n Newport Hotel Penny Point Investments 2 South Terrace, Fremantle Pty Ltd

16 Tavern Republic of Fremantle ROF Hospitality Co Pty Ltd 3 Pakenham Street, Fremantle

17 Taver n Sail & Anchor Tavern Australian Leisure & 64 South Terrace, Fremantle Hospitality Group Pty Ltd

18 Tavern The Helm Fremantle Spirits & Wine Pty Ltd Lion- Fishermans Harbour Mews Beer Road, Fremantle

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No. Licence type Premises name Licensee Licensed premises address

19 Taver n The Local Hotel South Thomac Holdings Pty Ltd 282 South Terrace, Fremantle Fremantle

20 Tavern Union Brewery & Fremantle Distillery Pty Ltd 1 James Street, Fremantle Distillery Fremantle

21 Tavern The Old Synagogue The Old Synagogue Pty Ltd 92 South Terrace, Fremantle Restricted

22 Taver n Millennium Sports Bar GT Freo Nominees Pty Ltd Millennium Cinemas Complex Restricted Fremantle, Shop 3, 25 Collie Street, Fremantle

23 Tavern Bathers' Beach House Long Jetty Holdings Pty Ltd 47 Mews Road Fishing Boat Restricted Harbour, Fremantle

24 Tavern Char Char Bull Luju Group Pty Ltd 44B Mews Road, Fremantle Restricted

25 Tavern Cicerello's Carralong Nominees Pty Ltd Fremantle Fishing Boat Restricted Harbour 44 Mews Road, Fremantle

26 Tavern Dockside Fremantle Albarossa Pty Ltd 123 Beach Street, Fremantle Restricted

27 Tavern Palace Arcade The Palace Arcade No 2 Pty 96 High St, Fremantle restricted Ltd (conditional grant)

28 Smal l Bar Alter Ego Social Affair Pty Ltd Shop1, The Mantle, 1 James Street, Fremantle

29 Small Bar Beerpourium Sierra Orenda Pty Ltd Level 1 13 South Terrace, Fremantle

30 Small Bar Darling Darling Wildblue Holdings Pty Ltd Unit 1/36 Henry Street, Fremantle

31 Small Bar Holy Smokes Licensed To Ill Pty Ltd Unit 8/17-23 Collie Street, Fremantle Fremantle

32 Small Bar Jungle Bird Henry Hospitality Pty Ltd 59 High Street, Fremantle

33 Small Bar Lions & Tigers Freo Cheeky Half Pty Ltd 8 Bannister Street, Fremantle

34 Small Bar Ronnie Nights Market Street Social Club 75-77 Market Street, Pty Ltd Fremantle

35 Small Bar Strange Company Nan (WA) Pty Ltd 5 Nairn Street, Fremantle

36 Small Bar The Market Bar Paul David Abbott and Lot 4, 3-13 Essex Street, Michelle Leanne Abbott Fremantle

37 Small Bar Whisper Wine Bar Thierry Philippe Rodari and 1/15 Essex Street, Fremantle Helene Marie Rodari

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No. Licence type Premises name Licensee Licensed premises address

38 Small Bar Who's your Mumma Woods Hospitality Pty Ltd 7A / 142 South Terrace, Fremantle

39 Liquo r Store Old Bridge Cellars Sirenia Pty Ltd 221 Queen Victoria Street, North Fremantle

40 Liquor Store Fremantle Bottle Shop Au Way Investment & U 1 152 High Street, Development Pty Ltd Fremantle

41 Liquor Store Liquorland Fremantle Liquorland (Australia) Pty 17 Cantonment Street, Ltd Fremantle

42 Liquor Store The Freo Doctor Liquor Off The Shelf Pty Ltd 27 Arundel Street, Fremantle Store

43 Nightclub 189 That's Entertainment (WA) 189 High Street, Fremantle Pty Ltd

44 Nightclub Hugos Club That's Entertainment (WA) 14 - 16 South Terrace, Pty Ltd Fremantle

45 Special Facility Achievement Charters Achievement Charters Pty Pen E7, The Boathouse Licence Pty Ltd Ltd Marina, 16 Mews Road, Fremantle

46 Special Facility Astor CMV Overseas Holdings Ltd Fremantle Passenger Licence Terminal 1 Cliff Street, Fremantle

47 Special Facility Bar Shanghai Robert William Trevor and Shop 10, 4-6 Henderson Licence Fremantle Garry John Trevor Street, Fremantle

48 Special Facility Benny's Bar & Cafe BB Investments (WA) Pty 10-12 South Terrace, Licence Ltd Fremantle

49 Special Facility Collective Catering Co Collective Catering Co Pty 4 Stack Street, Fremantle Licence Ltd

50 Special Facility Eagle Express Wadjemup Trading Pty Ltd "B" Shed Victoria Quay, Licence Fremantle

51 Spec ial Facility Esplanade Hotel Fremantle Esplanade Hotel Cnr Marine Terrace and Licence Fremantle by Rydges Ltd Essex Street, Fremantle

52 Special Facility Fremantle Arts Centre City of Fremantle 1 Finnerty Street, Fremantle Licence

53 Special Facility Fremantle Public Golf Evergreen Golf Pty Ltd Lot 2118 (No. 20) Montreal Licence Course Street, Fremantle

54 Special Facility Freo Harbour Bar The Port Bar (WA) Pty Ltd Victoria Quay Markets Licence Fremantle Harbour, Fremantle

55 Special Facility Lion-Beer, Spirits & Spirits & Wine Pty Ltd Lion- Part-Lot 2023 Fremantle Licence Wine Pty Ltd Beer Fishing Boat Har Mews Road, Fremantle

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No. Licence type Premises name Licensee Licensed premises address

56 Special Facility Luna on SX Palace Cinema Nominees 16 Norfolk Street, Fremantle Licence Pty Ltd & Luna Cinemas Pty Ltd

57 Special Facility Millennium Cinemas Hoyts Multi-Plex Cinemas 27 Collie Street, Fremantle Licence Complex Pty Ltd

58 Special Facility Old Firestation Bakpak Freo Pty Ltd 18 Phillimore Street, Licence Backpackers Fremantle

59 Special Facility Sea Eagle III Wadjemup Trading Pty Ltd "B" Shed Victoria Quay, Licence Fremantle

60 Specia l Facility Sentosa Fishing Valcam Pty Ltd Pier 21, Fremantle Licence Charters

61 Special Facility Spirit of Love William Robert Edgar Fishing Boat Harbour 46 Licence Mews Road, Fremantle

62 Special Facility Starsand Promotional Traders Pty Ltd Vessel “Starsand”, Fremantle Licence

63 Speci al Facility Sundancer Urban Accommodation 80 High Street, Fremantle Licence Backpackers Resort Group Pty Ltd

64 Restaurant Bengal Indian Goan M & M Pty Ltd Unit 5/95 Queen Victoria Restaurant Street, Fremantle

65 Restaurant Bread in Common Fremantle Woodfired Bakery 43 Pakenham Street, Pty Ltd Fremantle

66 Resta urant Breaks Fremantle Jane Louise Woolley 85 High Street, Fremantle

67 Restaurant Caffissimo At The Philippine Express Pty Ltd 26 Peter Hughes Drive Maritime Museum

68 Restaurant Canvas Cafe Loan Phi Doan and Triet 1 Finnerty Street, Fremantle Minh Ly

69 Restaurant Crepe Street Yalling Pty Ltd 32 Market Street, Fremantle

70 Restaurant D'Angelo Cafe Salufrey Pty Ltd 7/177 High Street, Fremantle

71 Restaurant Express Lane Cafe Fastlane Holdings WA Pty Shop 1 'B' Shed Victoria Ltd Quay, Fremantle

72 Restaur ant Gesha Coffee Co Lanpa Pty Ltd 59A Queen Victoria Street, Fremantle

73 Restaurant Gino's Trattoria Gino's Cafe Pty Ltd 1-5 South Terrace, Fremantle

74 Restaurant Grill'd Fremantle Yesjef Investments Pty Ltd 17 South Terrace, Fremantle

75 Restau rant Gypsy Tapas House Spicy Notes Pty Ltd Shop 2 & 3, 124 High Street, Fremantle

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No. Licence type Premises name Licensee Licensed premises address

76 Restaurant Han's Cafe Fremantle H & B3 Roger Pty Ltd Unit 2/47 Mews Road, Fremantle

77 Restau rant Il Cibo Maximus Sam Pty Ltd 2 Market Street, Fremantle

78 Restaurant Joe's Fish Shack Vanstar Holdings Pty Ltd 42 Mews Road, Fremantle

79 Restaurant Joy Kitchen Wei Sheng Pty Ltd 72 Marine Terrace, Fremantle

80 Restaurant Kailis Fishmarket Cafe Kailis' Pty Ltd 46 Mews Road Fishing Boat Harbour, Fremantle

81 Resta urant La Sosta Stocco Holdings (WA) Pty Unit 2 Level 1 85 Market Ltd Street , Fremantle

82 Restaur ant Maharaja's Kitchen Sub Continental Foods Pty 306 South Terrace, Fremantle Ltd

83 Restaurant Manuka Wood Fire Kenneth McHardy & Jody Shops 6 and 7 128-134 High Kitchen McHardy Street, Fremantle

84 Restau rant Meet & Bun Fremantle Max Edmonton Pty Ltd Tenancy 7, 120 High Street, Fremantle

85 Restaurant Mexican Kitchen David Wayne Dodd 19 South Terrace, Fremantle

86 Restaurant Nunzio's Oiznun Pty Ltd 20 Essex Street, Fremantle

87 Restaurant Pizza Bella Roma Seatours Pty Ltd 14 South Terrace, Fremantle

88 Restaurant Port City Roasters In A Rush Roasting 312 South Terrace, Fremantle Warehouse Pty Ltd

89 Restaurant Portorosa Cafe Starra Pty Ltd 85 Market Street, Fremantle

90 Restaurant Roma Cucina Adunn Pty Ltd 9-13 High Street, Fremantle

91 Restaurant Sala Thai Restaurant Norfolk Cottage Pty Ltd 22 Norfolk Street, Fremantle

92 Restaurant Sandrino Cafe Sandrino Cafe Pty Ltd 16 South Terrace, Fremantle

93 Restaurant Saroor Restaurant SSS WA Group Pty Ltd 388 South Terrace, Fremantle

94 Restaurant Soma Kitchen Soma Kitchen Pty Ltd 93 - 95 Market Street, Fremantle

95 Restaurant The Attic Cafe Treacle Group Pty Ltd Unit 1/16 Bannister Street, Fremantle

96 Restau rant The Kiosk Fremantle Albarossa Pty Ltd 123 Beach Street, Fremantle

97 Restaurant The Meating Ground The Meatball Bar Fremantle 7 South Terrace, Fremantle Pty Ltd

98 Restaurant The Mill Bakehouse Grasher Pty Ltd 1/60 Marine Terrace, Cafe on Norfolk Fremantle

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No. Licence type Premises name Licensee Licensed premises address

99 Restauran t The Modern Eatery T & T Management Group U 6 124 High Street, Pty Ltd Fremantle

100 Restaurant The Raw Kitchen The Raw Kitchen Pty Ltd 181 High Street, Fremantle

101 Restaurant Vin & Oli Lindal Pty Ltd Shop 1, The Piazza 26-36 South Terrace, Fremantle

102 Restaurant Vivisen Tea House Vivisen Pty Ltd 29 Adelaide Street, Fremantle

103 Club Chain Locker Club Inc Chain Locker Club Inc 76 Queen Victoria Street, Fremantle

104 Club Fremantle Bowling Fremantle Bowling Club Inc 6 Ellen Street, Fremantle Club Inc

105 Club Fremantle Buffalo Club Fremantle Buffalo Club 54 High Street, Fremantle Inc

106 Club Navy Club Inc Navy Club Inc 64 High Street, Fremantle

107 Club Italian Club Fremantle Italian Club Fremantle Inc Marine Terrace, Fremantle Inc

108 Club South Fremantle South Fremantle Football Fremantle Oval, Fremantle Football Club Club Inc

109 Club Restricted Fremantle District Fremantle District Cricket Stevens Reserve Cricket Club Inc Club Inc Swanbourne Street, Fremantle

110 Club Restricted Fremantle Hockey Club Fremantle Hockey Club Inc Swanbourne Street, Inc Fremantle

111 Club Restricted Fremantle Lawn Tennis Fremantle Lawn Tennis Cns Ellen and Parry Streets, Club Inc Club Inc Fremantle

112 Club Restricted Fremantle Surf Life Fremantle Surf Life Saving Port Beach Road Leighton Saving Club Inc Club Inc Beach, Fremantle

113 Produce r's Anchor Brewing Co Australian Leisure & 64 South Terrace, Fremantle Hospitality Group Pty Ltd

114 Producer's Republic of Fremantle Republic of Fremantle 3 Pakenham Street, Distilling Distilling Co Pty Ltd Fremantle

115 Wholesaler's Leeuwin Estate Rural Developments Pty Ltd 18 High Street, Fremantle

116 Wholesaler's Lionel Samson & Son Lionel Samson & Son Pty 31 Cliff Street, Fremantle Pty Ltd Ltd

5.11 Of those existing premises, 21 are authorised to sell packaged liquor, although most of those only have very limited take-away range and capacity or are located on the boundary of the Locality. The nearest take-away service is several hundred metres away. There is nothing close by.

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5.12 The applicant has inspected all existing premises authorised to sell and supply packaged liquor for the purposes of section 36B of the Act and commented on them in the separate list contained in the Index at DOC 13.

5.13 None of the existing premises is or even potentially could be anything like the magnificent operation proposed as Gage Roads Brew Co which, as the State Government has identified25, will see a transformation of the current site into a “world- class civic hub”.

5.14 In terms of the retail service in particular, this feature at Gage Roads Brew Co will be nothing like a usual bottleshop type scenario. Rather, it will be an important source of souvenirs and memorabilia, providing the public with an opportunity to take home a piece of the experience which Gage Roads Brew Co will provide.

5.15 Gage Roads is now a highly recognisable WA brand. By virtue of the fact that the Gage Roads products in this case will be available from the spiritual home of the organisation, amongst volumes of other WA produce and from an iconic WA setting, the retail items will symbolise so much of the State.

5.16 As stated earlier on in this document, the applicant will produce a wide variety of beers and ciders with several of those being small-batch speciality items, produced on a limited basis (such as the one pictured right, for example) and available exclusively at Gage Roads Brew Co. Those items will not be made available either for consumption on or off the premises anywhere else.

5.17 None of the existing premises sells or supplies a full range of Gage Roads products as will be available at Gage Roads Brew Co. The applicant, through a related entity, controls the distribution of its products and is perfectly positioned to know when and where its products can be sold in Fremantle and will ensure that the range of items available at Gage Roads Brew Co is unequalled elsewhere.

5.18 The take-away service at the new facility will also fill a large and obvious gap given that there is no packaged liquor service currently available to the public within several hundred metres of the site.

5.19 The State Government in awarding the applicant the opportunity to establishing Gage Roads Brew Co has supported the take-away service which was part of the proposal to the Government.

5.20 The applicant’s public consumer evidence, referred to further on in this PIA, reveals that the large majority of people who provided opinion on the application, being 747 people, stated a need for the packaged liquor service. When this large number is considered together with the needs of tourists, there is clearly a very strong

25 https://www.mediastatements.wa.gov.au/Pages/McGowan/2020/08/A-Shed-redevelopment-to-transform-Victoria- Quay.aspx

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requirement for take-way. Other evidence of support for the application referred to further on, including from Tourism WA, confirms the expectation of the take-away service.

5.21 The applicant intends to cater for groups of tourists on coach and tour buses, as well cruise ships in the harbour. Such people cannot be expected to have to find their way around Fremantle or elsewhere in search of Gage Roads products in packaged form. As stated previously, some Gage Roads items will only be available, on an exclusive basis, from Gage Roads Brew Co at A Shed.

5.22 There is only one licensed premises within a few hundred meters of the applicant’s site, namely the Freo Harbour Bar at the E Shed markets.

Consultation

5.23 The applicant has consulted widely in relation to Gage Roads Brew Co, as referred to earlier on in this document.

5.24 In doing so, support has been forthcoming from various sources including the following. Copies of their evidence of support have been included with the Applicant’s Case in DOC 14 to DOC 20:

5.24.1 Local community and other consumers - 1,154 people (survey, DOC 14).

5.24.2 Premier of Western Australia (letter, DOC 15).

5.24.3 Fremantle Port Authority (letter, DOC 16).

5.24.4 Office of the Mayor, City of Fremantle (letter, DOC 17).

5.24.5 Tourism Western Australia (letter, DOC 18).

5.24.6 Fremantle Chamber of Commerce (letter, DOC 19).

5.24.7 Quest Fremantle (letter, DOC 20).

5.25 That evidence is compelling and probative. It shows a very clear and strong voice of requirement for the application to be approved.

5.26 The public community survey revealed that 85% of people will patronise the venue at least once a month.

5.27 The following are a just a few extracts from some of that supporting evidence:

5.27.1 Mark McGowan MLA, Premier:

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5.27.2 Derryn Belford, A/Managing Director, Tourism WA:

5.27.3 Dr Brad Pettitt, Mayor, City of Fremantle:

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

6.1 The applicant has had regard for the impact that may potentially be caused to people who live or work in the vicinity of the proposed licensed premises in terms of offence, annoyance, disturbance or inconvenience that could potential be caused26.

6.2 It is not considered that there are any high risk factors associated with the application. Nonetheless, the applicant proposes to implement the following strategies to “combat offence, disturbance or inconvenience” that could potentially occur27:

6.2.1 Music played at the premises will be at a background level.

6.2.2 Staff will monitor the exterior of the premises regularly to assess emissions and rubbish.

6.2.3 The modus operandi will be passive.

6.2.4 Training of staff will be conducted to a very high standard.

6.2.5 Policies will apply in terms of responsible consumption of liquor including not conducting promotions that might encourage rapid or excessive consumption.

6.3 The considerable experience of the applicant company directors will help ensure the venue is very well managed.

6.4 The evidence from 1,154 members of the public in this case (DOC 14) has not uncovered any notable concerns in regarding to potential offence, annoyance, disturbance or inconvenience.

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

7.1 The establishment of Gage Roads Brew Co and the associated grant of the tavern licence and ETP will generate significant tourism, community and cultural benefits.

7.2 The potentially iconic operations will be designed specifically to accommodate both locals and tourists. The State Government’s brief for the development requires this and indeed the proposal goes directly to those goals.

7.3 “Western Australia's future success as a premium tourist destination lies in embracing craft beer, according to Edith Cowan University researchers. The Craft Beer Tourism report has revealed the industry is booming, and ECU researcher Nevil Alexander says it's time the tourism authority recognised how the market could help WA's visitor

26 PIA Policy

27 PIA Policy

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numbers. ‘There is clearly a desire for craft brewery experiences – the whole industry is evolving, and we need to recognise beer as a tourism asset,’ Mr Alexander said”28.

7.4 In 2015 Tourism WA published a dedicated strategy “to strengthen Western Australia’s position as an internationally-recognised destination where you can savour gourmet produce, fresh seafood, premium wines and boutique beverages (e.g. craft beers, cider and spirits”29. That strategy report also states the following:

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

This strategy provides a cohesive framework to align the State’s tourism, wine, agricultural and fishing industries, enabling Western Australia to deliver on visitors’ demands to taste authentic local produce in spectacular surroundings.30

7.5 Fremantle is one of Western Australia’s most important destinations and was recognised as one of the top ten cities in the world in Lonely Planet’s “Best Travel” in 2016.31 Fremantle was the only Australian city to make the top ten. Lonely Planet stated as follows:

The Western Australian city "thrums" into seventh spot on the list "with live-music rooms, hipster bars, boutique hotels, left-field bookshops, craft-beer breweries, Indian Ocean seafood shacks, buskers, beaches and students on the run from the books'', Lonely Planet says.

The city was noted for having undergone "a process of reinvention" that investment in the arts, the establishment of Notre Dame University and development along the city's waterfront at the fore. "In 2016, Freo is bearing the fruits of this process, with thriving urban culture and a string of awesome arts events celebrating the city's essence," Lonely Planet said.

7.6 Gage Roads Brew Co will obviously be perfectly located to support future visiting cruise ships and improve the port experience for cruise ship travellers to Fremantle, notwithstanding the present hiatus in cruise shipping due to the COVID-19 circumstances.

7.7 Cruise ships are an integral part of the tourism industry in Western Australia and the local economy.

7.8 There were 106 cruise ship visits to WA in 2019-20. Cruise shipping generated $261.9 million for WA's economy around that time, which was an increase from $228.9 million in 2018-19. This industry supported about 935 jobs.32

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

29 Tourism Western Australia Taste 2020 report (DOC 22) at page 3

30 Tourism Western Australia Taste 2020 report (DOC 22) at page 3

31 https://www.traveller.com.au/lonely-planet-best-in-travel-2016-australia-named-among-top-destinations-to-visit-next-year- gkk3he

32 https://www.tourism.wa.gov.au/industry-support-and-events/tourism-development/Cruise_shipping/Pages/Cruise- shipping.aspx#/

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7.9 “The 2019/20 Australian Cruise Industry Economic Impact Assessment shows significant national and regional economic activity prior to the COVID-19 pandemic, creating benefits for businesses and communities across Australia”33.

34

7.10 Gage Roads Brew Co operating as proposed at A Shed will provide a wonderful welcome for cruise ship travellers as they arrive into port and an excellent example of Western Australian products and services for them to enjoy. The venue will truly promote the State and various of its industries.

8 Other aspects to the business

Patronage 8.1 Patrons of the proposed premises will include the following, amongst others:

8.1.1 Residents of the surrounding and adjoining areas seeking a quality, safe environment to drink, dine and socialise with friends.

8.1.2 Visitors to the greater Fremantle area that are also seeking to drink, dine or meet friends, or experience a truly local business.

8.1.3 Tourists to Perth that will find the unique food and beverage offering and waterside location an attraction.

8.1.4 Increasing number of craft beer tourists, seeking to visit breweries for tastings and tours.

33 https://www.cruising.org.au/Tenant/C0000003/Reports/CLIA_Cruise_EIA_2019-20_infographic.pdf

34 https://www.cruising.org.au/Tenant/C0000003/Reports/CLIA_Cruise_EIA_2019-20_infographic.pdf

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8.1.5 Visitors to the Maritime Museum nearby who seek licensed refreshments.

8.1.6 Visitors travelling to and from Rottnest Island, utilising the nearby ferry services.

8.1.7 Users of the riverside and Fremantle walking and cycling paths that pass nearby.

8.1.8 Heritage architecture enthusiasts wanting to experience the historic A Shed.

8.1.9 People employed in the surrounding area seeking a meeting place with friends in the Locality or wanting to enjoy the specific ambience of the premises.

8.2 The applicant’s consumer survey evidence indicates that Gage Roads Brew Co will become a highly patronised venue with 85% of people indicating they will visit the venue at least monthly and many of those weekly and fortnightly.

Security and safety 8.3 At Gage Roads Brew Co, the applicant will have and do the following:

8.3.1 Premium standard CCTV system.

8.3.2 Secure locking systems.

8.3.3 Participation in the Fremantle liquor accord and a relationship with local Police.

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

8.3.5 Maintaining a strict application of harm minimisation principles and policies.

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

8.3.7 The premises will be well lit.

9 Section 36B

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

9.2 A “packaged liquor premises” for the purposes of section 36B is35:

9.2.1 a hotel licence without restriction;

9.2.2 a tavern licence;

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

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9.2.3 a liquor store licence; and

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

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

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

9.5 Notwithstanding the fact that the Gage Roads Brew Co application is caught within the scope of section 36B by virtue of the wide and simple definition of “packaged liquor premises”, it is a critical fact that packaged liquor will only be one small component of the Gage Roads Brew Co operation.

9.6 The business under consideration in this case will be a significant brewery with dining, drinking and many other services and facilities. It is respectfully submitted that section 36B only applies in this case to a very limited extent and that the requirements of section 36B are easily satisfied.

9.7 The licensing authority has determined under section 36B that a specialist packaged liquor service can be approved in appropriate cases37. In particular, the licensing authority has previously determined that a tavern licence application may satisfy section 36B of the Act and be granted where the packaged liquor to be sold and supplied under the licence is limited38.

9.8 With reference to the outlet density information and evidence provided in this PIA, the relevant “packaged liquor premises” to be considered in the context of this case in terms of section 36B are those listed in the applicant’s separate document included in the Index at DOC 13, where each one has been described by the applicant from inspection. Importantly, the nearest of those premises to the applicant’s site is several hundred metres away.

9.9 The evidence of requirements of consumers, as referred to above, is that they require Gage Roads products for take-away sale from the proposed new venue.

9.10 Almost all of those products are not and will not be available at existing outlets in the Locality. Many items in the take-away range range will be available as limited releases, exclusively from Gage Roads Brew Co.

9.11 No issue arises in respect of section 36B(3) of the Act in this case. The proposed packaged liquor service will not comprise a retail area that is of the prescribed size.

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

37 Pirate Life Perth (602213750319), Commune Wine Store (603215233920), Cherubino City Cellar (602215063820) and Kakka Alley Brewing Co (A337624004)

38 Pirate Life (A881920454/602213750319), Cherubino City Cellar (602215063820) and Kakka Alley Brewing Co (A337624004)

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Therefore, the application is eligible to be heard and determined. The retail area will only be approximately 35m2.

9.12 Further and more detailed submissions addressing section 36B of the Act are contained in the applicant’s separate Legal Submissions at DOC 9.

10 Sections 5, 33 and 38

10.1 The applicant has had regard for the matters outlined in sections 5, 33 and 38 of the Act.

10.2 Submissions addressing the various relevant provisions in the Act are contained throughout this PIA and also in more detail in the applicant’s Legal Submissions included in the Applicant’s Case (DOC 9).

11 Conclusion

11.1 This document thoroughly addresses the PIA Policy with specific reference to the application. Comprehensive information and evidence have been provided.

11.2 There is an abundance of material showing strong reasons in support of the proposal.

11.3 Gage Roads Brew Co stands to be a splendid, world-class addition to the Locality and the State as a whole. The State Government backed development is likely to become an iconic landmark.

11.4 Further aspects of the public interest and the legal issues associated with the application are addressed in the applicant’s detailed Legal Submissions (DOC 9).

Dated 17 February 2021

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

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