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A Public Interest Assessment

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A Public Interest Assessment A Public Interest Assessment Applicant: Candrin Pty Ltd Application: Application for Restricted Tavern Liquor Licence Premises: Matilda Bay Restaurant CULLEN MACLEOD Lawyers Level 2, 95 Stirling Highway NEDLANDS WA 6009 Telephone: (08) 9389 3999 Facsimile: (08) 9389 1511 Reference: SN:200479 TABLE OF CONTENTS About the Application and the Public Interest requirement ..... 1 1 The Application 1 2 The Public Interest 1 2.1 The legislative requirements 1 2.2 Addressing the Public Interest 2 2.3 The Locality 3 About the Restaurant ............................................................. 4 3 General Details 4 3.1 Overview and history 4 3.2 Location and immediate surrounds 5 4 Existing manner of trade 6 4.1 Current services and facilities 6 4.2 Staff and staff training 10 4.3 Responsible service of alcohol, harm minimisation and security measures 11 About the Applicant and the Application .............................. 12 5 The Applicant 12 6 The Application 12 6.1 Reasons for the Application 12 6.2 Proposed Manner of Trade 13 Public Interest Investigations ................................................ 15 7 The Locality 15 7.1 Key features and factors 15 7.2 Demographic profile 16 8 Existing risk factors 18 8.1 At risk groups 18 8.2 Social health data 19 8.3 Local issues 20 8.4 Sensitive institutions 20 9 Existing Licensed Premises 20 9.1 Existing Licensed Premises 20 10 Customer Surveys 21 10.1 Surveys undertaken 21 10.2 Face to face survey 22 10.3 Online survey 22 Legal Framework, Submissions and Conclusion ..................... 25 PIA i 11 Legal framework 25 11.1 Overarching principles 25 11.2 Object 5(1)(c) 25 12 Submissions 25 12.1 Consumer requirement and development of the liquor industry 25 12.2 Potential harm and ill-health 26 12.3 Potential amenity impacts 27 12.4 Potential offence, disturbance, etc 27 13 Conclusion 27 General ................................................................................ 29 14 Definitions, source data and copyright 29 14.1 Definitions 29 14.2 Source data 29 14.3 Copyright 29 Annexures ............................................................................ 32 PIA ii About the Application and the Public Interest requirement 1 The Application (a) The Applicant has made an application to the Licensing Authority for the grant of a restricted tavern liquor licence for Matilda Bay Restaurant (Restaurant), one of Perth’s most iconic and popular restaurants. (b) The Restaurant has provided hospitality services and facilities to the general public since 1968 under restaurant liquor licence number 6060006304. However, this licence restricts the manner in which the Applicant can serve and supply liquor at the premises and does not enable consumer demands to be met. (c) Essentially the Application is to convert the Restaurant’s existing restaurant licence to a category of licence that will enable the Applicant to improve and expand the services and facilities it offers. However, there is no provision under the WA liquor licensing legislation that enables conversion or reclassification of a restaurant licence to a tavern licence. Accordingly an application for the grant of a new licence is required. If the Application is granted the Applicant will surrender its existing restaurant licence. (d) Under section 38(2) of the Liquor Control Act 1988 (Act) where an application is made for the grant of new liquor licence the Applicant must satisfy the Licensing Authority that the grant of the Application is “in the public interest” (the Public Interest). (e) This document, together with the Applicant’s other supporting material and evidence lodged by the Applicant in support of the Application, addresses the Public Interest requirement. 2 The Public Interest 2.1 The legislative requirements (a) The Director of Liquor Licensing’s policy guide on the Public Interest states that “the public interest test is based on the principle that licensed premises must operate within the interests of the local community”.1 (b) The Public Interest is not defined in the Act. In the WA Supreme Court of Appeal decision of Woolworths v Director of Liquor Licensing (Bicton Decision), the Court found that in assessing whether an application is in the Public Interest, the Licensing Authority is bound to take into account the factual matters relevant to the objects of the Act.2 (c) The primary and secondary objects of the Act are as follows: (i) Primary objects: 1 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy 2 Woolworths Ltd v Director of Liquor Licensing [2013] WASCA 227 at per Buss JA at 49 1 (A) to regulate the sale, supply and consumption of liquor; (B) to minimise harm or ill-health caused to people, or any group of people, due to the use of liquor; and (C) to cater to the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. (ii) Secondary objects: (A) to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; (B) to provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; (C) to provide a flexible system, with as little formality or technicality as may be practicable, for the administration of [the] Act; and (D) to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community. (d) Each primary object is considered equal and in the event of any inconsistency between the primary and secondary objects, the primary objects take precedence.3 (e) There are considerations in section 38(4) which the Licensing Authority may also take into account in determining whether granting an application is in the public interest. These factors are: (i) the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; (ii) the impact on the amenity, quiet or good order of the locality in which the licensed premises, or proposed licensed premises are to be situated; (iii) whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; (iv) any effect the granting of the application might have in relation to tourism, or community or cultural matters; and (v) any other prescribed matter. 2.2 Addressing the Public Interest (a) To address the Public Interest requirement in accordance with the Act and the Licensing Authority’s Public Interest Assessment policy, the Applicant has 3 Section 5(3) 2 considered a range of issues, the findings of which are contained in this document. (b) In addition to the information contained in this Public Interest Assessment statement, the Applicant relies upon the information and material it has lodged at the Licensing Authority in support of the Application. 2.3 The Locality (a) In completing the Public Interest assessment for the Application the Applicant has completed enquiries relevant to the “Locality” of the Application, being the geographic area most likely to be impacted by the Application if granted.4 (b) Under the Act, in the context of the Public Interest that applies to this Application, the term “locality” is only referred to in section 38(4)(b) in relation to amenity issues. However the Applicant submits that the identified locality is also relevant to other issues to be considered for the purposes of the Public Interest enquiry. This is supported by the information provided in the Director of Liquor Licensing’s Public Interest Assessment policy as to what issues should be considered in addressing the Public Interest, and has been the approach taken by the Applicant and other applicants in similar, prior applications (such approach being accepted by the Licensing Authority). 5 (c) “Locality” is not a defined term in the Act. The Director of Liquor Licensing provides guidance on how to determine “locality” in the Public Interest Assessment policy, in the “Specification of Locality” section under Attachment 2 and specifies the relevant area that applies.6 The area relevant to the Application is the area within a 2km radius, being the area shown in the map below. An A4 copy of the map is attached as Annexure 1. (d) Details on the Locality are provided at clause 7 of this document. 4 Director of Liquor Licensing’s Public Interest Assessment policy (https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy) 5 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy 6 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy 3 About the Restaurant 3 General Details 3.1 Overview and history (a) As mentioned earlier, the Restaurant is a long established, popular venue that has a reputation for excellence. It is repeatedly ranked highly on food and restaurant rating websites.7 (b) Warwick Lavis, a director of the Applicant, states as follows: “Matilda Bay Restaurant is one of Perth’s most iconic and popular restaurants. It is a fine dining restaurant uniquely positioned on the edge of Perth’s beautiful Matilda Bay in Crawley, next to the Royal Perth Yacht Club. It is a unique venue that offers uninterrupted
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