Grant of Liquor Store Licence Public Interest Assessment BWS Midvale
27 October 2020
47695454_7
Contents
ABOUT THIS APPLICATION 1 Part 1 - Background Information 2
A. Premises 2 1 The Midvale Shopping Centre 2
2 The Proposed Store 2
3 Development Approval 2
B. The Business to be operated at the Proposed Store 3 1 Background of Endeavour Group Limited 3
2 Overview of BWS 3 2.1 BWS Products 5 2.2 Success of the BWS brand 5 2.3 Responsible management 6 Part 2 – Tests to be satisfied 7
A The Public Interest Test and Packaged Liquor Requirements 7 1 What is the 'Public Interest Test'? 7
2 What needs to be satisfied to meet the Public Interest Test? 7 2.1 Primary and secondary objects 7 2.2 Additional factors 8 3 Packaged liquor requirements 8
4 About this PIA 9
B. Locality 11 1 Defining the Locality 11
2 Location of Proposed Store 11
3 Farrall Road Structure Plan – Movida Estate 12
4 Strategic Planning Framework 13
5 Demographics 13 5.1 Current Population and Forecasts 13 5.2 Age Profile 14 5.3 Migrants 15
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5.4 Household Composition 15 5.5 Employment 15 5.6 Socio-economic status 15 5.7 Summary 16
6 Sensitive Premises 17
C. Other Licensed Premises in the Locality 18 1 Licensed Premises 18 1.1 Existing Packaged Liquor Services 18 1.2 Distribution of Existing Premises 25 1.3 Ease of Access to the Existing Premises 26 1.4 Summary 28 D. Consumer Requirement and the Proper Development of the Industry 29 1 Australian Liquor Market 29 1.1 Changes in the way that we shop 29 1.2 BWS Customers 30
2 Community Survey 30 2.1 The Results 31 E. How does the proposal address the minimisation of harm and ill health? 35 1 Current Alcohol Consumption Trends in Australia and Western Australia 35 1.1 Australia 36 1.2 Western Australia 37 2 Alcohol Related Harm 38 2.1 Hospitalisation, Mortality and Alcohol Consumption rates 38 2.2 VicHealth Study 39 2.3 Crime Rates 40 2.4 Community Safety 41
3 Harm Minimisation Management 41 3.1 Effective management 41 3.2 Management practices, staff training and RSA 42 3.3 Environmental factors: Crime prevention through environmental design 43 3.4 Responsible buying 43 3.5 Community education 44 3.6 Community involvement 44 4 Impact on Specific at Risk Groups 45 4.1 At risk groups 45 F. Other Factors 47 1 The amenity, quiet or good order of the Locality – Section 38(4)(b) 47 1.1 Retail Amenity 47 1.2 Quiet and good order 47 1.3 One-stop shopping 47
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1.4 Physical amenity 48
2 Offence, annoyance, disturbance or inconvenience 49 2.1 Trading hours 49 2.2 Traffic 49 2.3 Noise 49 2.4 Security and management 49 3 Tourism, or Community or cultural matters 49
H. CONCLUSION 51 I. FURTHER INFORMATION 53
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ABOUT THIS APPLICATION
Endeavour Group Limited ( Endeavour or the Applicant ) is applying for the grant of a liquor store licence for a new BWS liquor store ( Proposed Store ) to be located within the new Midvale Shopping Centre ( Shopping Centre ), which is to be constructed at 227 Morrison Road, Midvale, Western Australia.
This Public Interest Assessment ( PIA ) is presented in support of an application to the Director of Liquor Licensing for the grant of a liquor store licence in respect of the Proposed Store.
Under section 38(2) of the Liquor Control Act 1988 (WA) (Act), the Applicant must satisfy the Licensing Authority that, on the merits of the application, it is in the public interest to grant the licence (the 'public interest test'). As stated in McKinnon v Secretary Department of Treasury :
“The expression ‘in the public interest’ directs attention to that conclusion or determination which best serves the advancement of the interest or welfare of the public, society or the nation and its content will depend on each particular set of circumstances. ” 1
The Applicant submits that the granting of the liquor licence for the Proposed Store will be in the public interest and will contribute to the responsible development of the liquor industry in the locality where the Proposed Store will be located.
The Applicant must also satisfy the licensing authority that local packaged liquor requirements cannot reasonably be met by the existing packaged liquor outlets in the locality pursuant to s36B(4) of the Act.
The Applicant submits that it has provided sufficient evidence in this PIA to satisfy the packaged liquor requirement threshold test.
This PIA is divided into 2 parts:
(a) Part 1 outlines the background of the application and the development of the Proposed Store; and
(b) Part 2 addresses the elements of the public interest test and demonstrates that the test is satisfied in respect of the Proposed Store. It also demonstrates that the local packaged liquor requirements cannot reasonably be met by existing packaged liquor premises in the locality.
1 (2005) 220 ALR 587, 590
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Part 1 - Background Information A. Premises
This section of the PIA summarises the plans for the Proposed Store.
1 The Midvale Shopping Centre
The Midvale Shopping Centre will consist of a full-scale Woolworths supermarket (4,000 sqm) ( Supermarket ), the Proposed Store (170 sqm) and approximately 15 specialty/commercial tenancies. The Shopping Centre, including the Supermarket, is expected to open in November 2021. There will be 316 on-grade car parking spaces available at the Shopping Centre.
A site plan of the Shopping Centre can be found at Annexure A.
The Proposed Store will primarily service residents within the suburb of Midvale.
2 The Proposed Store The Proposed Store will be approximately 170 sqm in size and hold stock worth approximately $240,000. The Proposed Store will be in the typical BWS format and will employ 3 full time staff and 5 permanent part-time/casual staff. A plan of the Proposed Store is attached at Annexure B.
The Proposed Store will open at the following times:
Monday to Friday 8am – 9pm
Saturday 8am – 5pm
Sunday 11am – 5pm
The Proposed Store will be located adjacent to the Woolworths supermarket to provide the opportunity for single-trolley grocery and liquor purchases.
3 Development Approval Development Approval was granted by the City of Swan on 3 August 2020.
The Proposed Store will form part of a new neighbourhood shopping centre
that will include a full-scale Woolworths supermarket. The Proposed Store will be adjacent to the Woolworths supermarket. Development Approval has
been granted.
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B. The Business to be operated at the Proposed Store
1 Background of Endeavour Group Limited On 3 & 4 February 2020, Woolworths Group Limited ( Woolworths ) merged its drinks and hospitality businesses, Endeavour Drinks and ALH Group Pty Ltd (ALH), into a single entity within Woolworths known as Endeavour Group Limited.
The merger of Endeavour Drinks and ALH has created Australia’s largest integrated drinks and hospitality business with sales of approximately $10 billion and EBITDA1 2 of $1 billion. Endeavour will have leading market positions, strong cash flow to fund investments in growth and an attractive and resilient revenue and earnings profile. It will comprise highly integrated store-based and online offerings, with over 1,500 BWS and Dan Murphy's retail drinks outlets and 327 ALH hotels. ALH retail drinks outlets currently comprise approximately 35% of Woolworths Group retail drinks sales with 86 Dan Murphy’s and 512 BWS stores owned by ALH at the end of March 2019.
Endeavour continues to uphold the strict policies and practices for licensed premises implemented by Woolworths.
2 Overview of BWS BWS stores are liquor stores which provide convenience to customers. Part of the popularity of BWS is the locations of the stores in neighbourhood shopping centres either as stand-alone stores or adjacent to Woolworths supermarkets. After Dan Murphy's, BWS is the second most popular store for purchasers of packaged liquor. 3
Figure 1: Market share over time: supermarket liquor stores’ total alcohol retail share of dollars
2 EBITA – Earnings before interest, taxes, and amortization 3 Roy Morgan (20/03/2017) 'The Australian alcohol retail market in review' - accessed at http://www.rovmorgan.com/findings/7181-liquor-retail-australia-201703201051
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As a dominant player in the alcohol retail industry, Endeavour (formerly Woolworths) has maintained the highest market penetration among alcohol retailers in Australia. Data released by Roy Morgan in September 2019, revealed that 60.7% of Australian alcohol buyers purchased from a Woolworths-owned store in an average four-week period. 4 37% of these consumers purchase exclusively from Woolworths stores (now owned by Endeavour). 5
Figure 2: Cross visitation of alcohol retail consumers
Morgan Single Source Australia, July 2018 – June 2019, n=6,829. Base: Australians aged 18+ who had purchased packaged alcohol in the past four weeks.
The BWS customer base appears to be increasing at impressive levels. Over a period of 12 months leading to September 2018 BWS increased its customer base by 9.3%. 6
Figure 3:
4 Roy Morgan (02/09/2019) ‘Woolworths bottle shops prove must popular’ – accessed at http://www.roymorgan.com/findings/8114-alcohol-retail-cross-visitation-june-2019- 201908300757 5 Ibid. 6 Roy Morgan (8/11/2018) ‘Supermarkets continue to take alcohol market share from hotel bottle- shops’ – accessed at http://www.roymorgan.com/findings/7753-supermarkets-continue-to-take- alcohol-market-share-from-bottle-shops-201811080408
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Recent Roy Morgan research has found that ‘[for] BWS it is the 845,000 Australians aged 35-49 years of age who comprise the largest share of their customers’ 7
2.1 BWS Products BWS offers a comprehensive range of liquor products, including local and international beer, wine and spirits. The range is focused on popular brands and includes brands sold exclusively through Endeavour’s liquor stores. As such, the Proposed Store will provide local residents with some products that cannot be supplied by many of the other existing liquor stores in the local area. Approximately 1,671 products will be available at the store, comprised of the following:
Item Number of products Beer 221 White wine 308 Sparkling wine 111 Red wine 314 Fortified and cask wines 90 Ciders 116 RTD's 146 Glass spirits 285 Snack foods, soft drinks and cigarettes 80 Total 1,671
2.2 Success of the BWS brand As discussed in the decision of the Supreme Court regarding the application for Dan Murphy's Bicton, the popularity and success of a brand in other locations can be assessed and applied to the current application where relevant. 8 BWS has built a strong reputation as both a stand-alone neighbourhood liquor store and as a co-located liquor and supermarket store. The key drivers of purchase intention at BWS are: 9
(a) Location and access (36%);
(b) Quality (33%); and
(c) Customer service (28%)
A BWS store is usually located at the front of the Woolworths supermarket or directly adjacent to it. This means the store is convenient to both customers who only want to purchase packaged liquor, as well as those customers who are purchasing liquor as part of their grocery shop. It is part of a 'one-stop' shopping experience allowing consumers to purchase all their weekly food and liquor purchases in one shop. BWS has built its popularity on the basis of its’ convenience for customers, with 46% of people indicating that they purchase packaged liquor as part of their grocery shopping or other shopping trip. 10
7 Ibid 8 Woolworths Ltd v Director of Liquor Licensing [2013] WASCA 227. 9 Statement of Anthony Smith at para 4.7(b) 10 ibid at paragraph 4.6
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Further information about BWS is contained in the statement of Anthony Smith attached at Annexure C.
2.3 Responsible management BWS operates under Endeavour’s strict policies and procedures for its licensed premises. Endeavour implements best practice harm minimisation policies to assist with management of alcohol in the community. These policies are discussed in further detail below and include responsible service of alcohol (RSA) training for staff, educational campaigns and responsible buying guidelines.
The BWS brand is based on convenience. BWS stores have been incorporated into Woolworths’ supermarket offerings to provide a 'one-stop' shopping experience which has become an essential part of Australian life. BWS is a comprehensive liquor store which provides a good range of products.
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Part 2 – Tests to be satisfied A The Public Interest Test and Packaged Liquor Requirements
1 What is the 'Public Interest Test'? For the application to be approved, the Applicant must satisfy the Director that granting the application is in the public interest pursuant to s 38(2) of the Act.
While the Act does not define 'public interest', the Department of Local Government, Sport and Cultural Industries (DLGSC) policy refers to the Butterworth’s Australian Legal Dictionary as follows:
"an interest in common to the public at large or a significant portion of the public and which may or may not involve the personal or propriety rights of individual people." 11
A general discretion by reference to the criterion of the 'public interest' is not an unfettered discretion but will ordinarily be confined by the scope and purpose of the statute. 12
2 What needs to be satisfied to meet the Public Interest Test?
2.1 Primary and secondary objects In assessing whether the Application is in the public interest, the Licensing Authority is bound to take into account the primary objects of the Act, and to the extent that they are not inconsistent with those primary objects, the secondary objects. 13 The primary and secondary objects of the Act set out in s 5 are:
Primary Objects:
(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 t the use of liquor; and
(c) to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.
Along with the primary objects, the Licensing Authority must also have regard to the secondary objects of the Act, which are:
(a) to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State;
11 Department of Local Government, Sport and Cultural Industries (29 May 2019) ‘Public Interest Assessment policy’ at p1. 12 Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [48] 13 ibid at [49]
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(b) to provide adequate controls over the sale, disposal and consumption of liquor;
(c) to provide a flexible system, with as little formality or technicality as may be practicable;
(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.
The licensing authority's obligation to take account of the primary and secondary object is not diminished by the unfettered terms of the discretion conferred by s33 of the Act. That section does not confer upon the Licensing Authority an unlimited power, but instead that power must be exercised consistently with the primary and secondary objects. 14
2.2 Additional factors The Licensing Authority is entitled to take into account the factual matters set out in s 38(4) in determining whether it is satisfied that the granting of the Application is in the public interest. 15 These factual matters are as follows:
(a) the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor;
(b) 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;
(c) 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;
(d) any effect the granting of the application might have in relation to tourism, or community or cultural matters; and
(e) any other prescribed matter.
It should be noted that s 5(2) of the Act is mandatory whereas s 38(4) is permissive. 16
3 Packaged liquor requirements The Act was amended on 2 November 2019 to incorporate restrictions on the grant or removal of certain licences authorising the sale of packaged liquor. Section 36B(4) provides :
The licensing authority must not grant an application to which this section applies unless satisfied that local packaged liquor requirements cannot reasonably be met by existing packaged liquor premises in the locality in which the proposed licensed premises are, or are to be, situated.
It is submitted that this section provides that the licensing authority must not grant an application for a liquor store licence if the existing premises selling packaged liquor in the area from which the customers of the new liquor store
14 ibid at [53] - [54] 15 ibid at [50] 16 ibid at [49]
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would come are already able to meet the requirements of those customers for packaged liquor.
In assessing whether the Application meets the local packaged liquor threshold test, the Licensing Authority is again bound to take into account the primary objects of the Act, and to the extent that they are not inconsistent with those primary objects, the secondary objects. The objects of the Act are mandatory relevant considerations which inform both the public interest test under s38(2) and the assessment to be made under s36B(4).
In the recent decision for BWS Inglewood A775016681 ( Inglewood Decision ) it was submitted by the Director of Liquor Licensing that in order to satisfy s36B(4) of the Act
‘it is necessary for an applicant to adduce relevant probative evidence upon which the licensing authority can make findings of fact as to:
what the local packaged liquor requirements are; and what packaged liquor services are currently provided by the existing packaged liquor premises in the locality’
The Licensing Authority is then ‘ required to make a value judgement as to whether the local packaged liquor requirements can reasonably be met by the existing packaged liquor premises in the locality .’
The Director of Liquor Licensing provided further detail at para 36 of the Inglewood Decision where it was submitted that in making a ‘value judgement’ consideration should be given to the following relevant factors:
the existing packaged liquor services in the locality; distribution of premises in the locality; and ease of access to the existing premises.
It was submitted that:
‘this is not an exhaustive list as ultimately the value judgment will be guided by the facts and circumstances of each case and the evidence provided by the applicant’.
The Applicant submits that in summary the following factors are relevant in applying s36B(4):
The locality of the Proposed Store; The requirements of consumers for packaged liquor in the locality; and The extent to which existing packaged liquor premises in the locality meet the requirements of consumers.
4 About this PIA The role of this PIA is to address each of the objects outlined in the Act with regard to the specific premises. In order to satisfy the public interest test the Applicant has completed research, engaged various experts and conducted community consultation, including:
(a) engaging MGA Town Planners to provide planning and demographic data for the locality;
(b) undertaking research and analysis of data on alcohol-related harm and health, alcohol purchasing habits and social issues in the locality;
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(c) engaging Painted Dog to design and conduct an on-line community survey with residents in the locality; and
(d) undertaking a review of other packaged liquor outlets in the locality.
Part 2 of this PIA addresses the requirements of the public interest test and the new packaged liquor restrictions with reference to the various expert reports and data collected by Endeavour.
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B. Locality
This section of the report defines the locality for the purposes of this PIA.
1 Defining the Locality The Licensing Authority describes the locality to be the area which is generally considered to be most impacted if the application is granted. 17 In this Application the Locality is 3km as the Proposed Store is more than 15km outside of the Perth CBD, but within the Metropolitan Region Scheme administered by the WA Planning Commission ( Locality ).
However, depending on the nature of the application, the Licensing Authority may determine a different locality radius for a specific application, particularly where the potential impact on a specific sub-community or 'at risk' group is such that reference to this sub-community should also be made, notwithstanding that this group may be situated outside the 3km radius of the proposed licensed premises.
Therefore, the onus is on the Applicant to identify any potential 'at risk' groups which may travel through or make use of the Proposed Store, or who may be impacted by the Proposed Store. This may include a group of people not situated within the boundaries of the town or suburb in which the Proposed Store will be located.
In the case of this Application the Applicant is satisfied that the 3km radius is appropriate.
The Locality may be described as outer-metropolitan, positioned approximately 19km north east of Perth CBD. The Locality takes in the suburbs of Midland, Midvale, Bellevue, Koongamia, Stratton and portions of Middle Swan, Jane Brook, Greenmount and Swan View.
A plan of the Locality is attached at Annexure D.
2 Location of Proposed Store The Proposed Store will form part of the soon to be constructed Midvale Shopping Centre. The Shopping Centre and the Proposed Store will be located in the local government municipality of the City of Swan in the centre of the suburb of Midvale.
Midvale is a rapidly developing suburb located approximately 19kms north east of the Perth CBD.
The Shopping Centre land is zoned ‘Urban’ under the Metropolitan Region Scheme. It is generally surrounded by low and medium density residential area, along with a large portion of land which is currently being developed into a residential estate (discussed in more detail below at paragraph 3).
Public transport is easily accessible within the Locality, with 5 bus services passing along Morrison Road immediately south of the Proposed Store. Dedicated pedestrian walkways will also be provided to facilitate safe access around the Shopping Centre and through the car park.
17 Department of Racing, Gaming and Liquor, 'Public Interest Assessment Pursuant to section 38 of the Liquor Control Act 1988', Attachment 2 - Specification of 'Locality'.
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3 Farrall Road Structure Plan – Movida Estate The subject land is immediately adjacent to the Farrall Road Structure Plan Area, which is currently being developed by Peet and Co into a residential estate. Coined the ‘Movida Estate’, the development will increase housing options within the suburb of Midvale, with an estimated yield of between 1,200 to 1,300 dwellings. The development will provide a range of housing types which will appeal to a variety of demographics. The figure below depicts the location of the Proposed Store (labelled Midvale Neighbourhood Centre Investigation Area), in relation to the Farrall Road Structure Plan area.
Figure 4: Farrall Road Structure Plan Area
Assuming a usual household occupancy rate of 2.4 persons per dwelling, the Movida Estate will see an influx of approximately 3,000 persons into the suburb of Midvale. This increased population will contribute to the economic and capital growth already experienced within the suburb and will increase demand for retail amenities. The Proposed Store and accompanying Supermarket are intended to satisfy this demand by providing residents with conveniently located amenities.
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The residential development will also be accompanied by a new and upgraded local street network, which will ensure the safe and efficient flow of traffic, pedestrians and cyclists around the site and to the Shopping Centre. 18
4 Strategic Planning Framework The Western Australian Planning Commission administers State Planning Policy 4.2 - Activity centres for Perth and Peel ( State Planning Policy ). This policy sets out the strategic distribution of activity centres and a hierarchy meeting different levels of community need.
The Midvale Shopping Centre is classified as a neighbourhood activity centre under the State Planning Policy. Neighbourhood activity centres are described as:
‘an integral part of the activity centre hierarchy as they provide the day-to-day and weekly shopping and other services to their surrounding communities. It is important that the level of access to neighbourhood centres is maximised as neighbourhood centres provide a wide-range of essential services. A network of easily accessible neighbourhood centres supports the broader land use planning principles outlined by the State Government (e.g. reduce car travel).’
The land on which the Proposed Store and Shopping Centre will be built is not specifically mentioned in the State Planning Policy. However, Midvale is identified in the City of Swan Local Commercial and Activity Centres Strategy (2017) ( LCAS ) as an area that is ‘ not currently well served by full-line supermarket facilities or attractive, well-designed neighborhood centres’ .19 The Proposed Store and Shopping Centre will satisfy this consumer requirement for improved retail amenity in Midvale. The need for the Shopping Centre and the Proposed Store is now even greater given the imminent completion of the Movida Estate.
The subject land is located within the North-East sub-region of the Perth and Peel @3.5 million framework. The North-East sub-region has a population expected to grow from 209,000 people in 2011 to over 450,000 people by 2050. The North East Sub-Regional Planning Framework identifies the importance of the development of new and existing activity centres into vibrant, mixed use community hubs to achieve a level of service to cater for the growing population. The Proposed Store and Shopping Centre meet that objective. 20
5 Demographics The following demographic analysis has been prepared by MGA Town Planners based on the 2016 Census data. 21 The 2011 Census has been used to indicate recent trends.
5.1 Current Population and Forecasts Between the 2011 and 2016 census the population in the Locality has increased steadily however it is expected to increase significantly in the coming year(s) as a result of the aforementioned Movida Estate.
18 Ordinary Meeting of Council, Proposed Local Structure Plan No. 42 – Lots 102 and 427 Farrall Road, Stratton and Lot 50 (No.53) Farrall Road, Midvale (20 January 2016) at p4. 19 City of Swan Local Commercial and Activity Centres Strategy at p 17 20 Department of Planning, Lands and Heritage (March 2018) ‘North-East Sub-regional Planning Framework’ at p19 21 MGA Town Planners (August 2020) 'Proposed BWS Liquor Store’
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According to Forecast ID the population in the suburbs of Midvale, Stratton and Jane Brook is expected to increase from 9,912 (in 2016) to 14,519 by 2031. This is a 46.5% increase in population between 2016 and 2031.
Table 1: ID Population Forecasts – 2016-2031 22
Location Population 2016 Population 2031 Midvale – Stratton – 9,912 14,519 Jane brook
Strong population growth projections, in conjunction with the anticipated population growth associated with the development of the Farrall Road Structure Plan Area, will increase the demand for the provision of retail outlets such as the Proposed Store. These figures are also in line with the strategic planning for the Locality as discussed above at paragraph 4.
Table 2 below shows the population in each of the suburbs forming the Locality at the time of the 2016 Census. It can be seen that Swan View makes up the majority of the Locality (26.20%), followed by Midland (23.63%). Following the development of the Movida Estate and the influx of residents, it is likely that Midvale will make up a much larger portion of the Locality.
Table 2: Population by Suburb – 2016 Census 23
Suburb Population 2016 Portion of Locality (%)
Swan View 6,626 26.20%
Midland 5,975 23.63%
Stratton 3,319 13.12%
Middle Swan 2,328 9.21%
Greenmount 1,800 7.12%
Bellevue 1,526 6.03%
Midvale 1,480 5.85%
Jane Brook 1,247 4.93%
Koongamia 989 3.91%
5.2 Age Profile The socio-demographic profile of the Locality's population at 2016 shows that the Locality is home to a lower proportion of minors (18.5%) compared to the Greater Perth area (19.1%) and the State (19.3%). In addition, there is a lower proportion of those aged 15-19 in the Locality (5.8%) compared to the Greater Perth area (6.2%) and the State (6.1%).
22 Table 1, shows the Forecast ID Population Projects for a cluster of suburbs. The totals for the suburbs are for the entire suburb areas, and therefore do not reflect the portion of these suburbs in the Locality (accessed at: https://forecast.id.com.au/swan ) 23 MGA Town Planners (August 2020) 'Proposed BWS Liquor Store (BWS Midvale), Table 2, shows the population within each suburb, or portion thereof, contained within the Locality
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The proportion of those aged 20-39 in the Locality (29.6%) is similar to the proportion throughout the Greater Perth area (29.7%) and the State (28.8%).
There is a higher proportion of people aged 60 and over (21%) in the Locality in comparison to the Greater Perth area (18.9%).
The data reveals that the population is relatively aged.
5.3 Migrants The proportion of Australian born persons in the Locality (64.4%) is higher than that of the Greater Perth area (57.4%) and the State (60.5%). The Locality has a lower proportion of persons born in non-English speaking countries (17.1%) than the Greater Perth area (18.7%). In addition, English proficiency is high in the Locality, with only 1.7% of persons in the Locality not speaking English well or at all, in comparison to 2.3% throughout the Greater Perth area.
5.4 Household Composition The Locality is dominated by single-person households (30.2%). This is higher than the proportion of single-person households in the Greater Perth area (23.0%) and the State (23.6).
The proportion of family households in the Locality (65.6%) is lower than the Greater Perth area (73.0%) and the State (72.7%).
The proportion of couple families with children in the Locality (39.2%) is lower than the Greater Perth area (46.3%) and the State (45.3%). The proportion of couples having no children in the Locality (34.7%) is lower than both the Greater Perth average (37.5%) and the State (38.5%).
The proportion of couple families with children in the Locality is expected to increase alongside the completion of the Movida Estate, as the dwellings within the estate will primarily attract this demographic.
5.5 Employment Unemployment across the Locality (7.4%) is lower than the Greater Perth area and the State (8.1% and 7.8%, respectively).
In addition, employment in the mining industry within the Locality (3.9%) is lower than the Greater Perth area (4.6%).
5.6 Socio-economic status The index of Relative Socio-Economic Advantage/Disadvantage (IRSAD) for the Locality is as follows:
Table 3: SEIFA rankings
Relative Socio-Economic Suburb Advantage/Disadvantage rank (National)
Jane Brook 8
Greenmount 7
Swan View 4
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Relative Socio-Economic Suburb Advantage/Disadvantage rank (National)
Bellevue 2
Stratton 2
Koongamia 1
Midvale 1
Middle Swan 2
Midland 1
The IRSAD summarises variables that indicate either relative advantage or disadvantage. This index ranks areas on a continuum from most disadvantaged to most advantaged. An area with a high score on this index has a relatively high incidence of advantage and a relatively low incidence of disadvantage.
The suburbs of Jane Brook and Greenmount were identified as having SEIFA rankings exceeding national median rankings. Residents in these suburbs are expected to be among the most frequent visitors of the Proposed Store, given that they are east of Roe Highway and in close proximity to the store. Furthermore, residents in the eastern portion of the Locality represent 61% of the Locality’s population, suggesting that residents most likely to visit the Proposed Store fall within the higher-ranking suburbs.
It is anticipated that SEIFA rankings of other suburbs within the Locality will dramatically improve in the near future as a result of redevelopment initiatives. The development of the Movida Estate in the Farrall Road Structure Plan area is one such initiative that will improve SEIFA rankings within the Locality especially Midvale, given that the new dwellings will be populated by first-home owners with incomes sufficient to service a mortgage and raise a family.
The lower SEIFA rankings can be attributed to the age profile and household composition of the Locality. As stated above, the proportion of those aged 60 plus (21.2%) in the Locality is higher than the proportion throughout Greater Perth (18.9%) which would contribute to the lower incomes observed. Persons in this age group are also more likely to have paid off mortgages. In addition, lower income levels can be attributed to the significantly higher proportion of lone- person households within the Locality (30.2%) as compared to the Greater Perth area (23.0%). This rationale is justified given that the rate of unemployment within the Locality (7.4%) is lower than the Greater Perth area (8.1%).
5.7 Summary The Locality is in a residential area with a population that is likely to increase significantly in coming years. The Proposed Store is at the heart of the Locality and will provide much needed retail amenity to the incoming residents of the Movida Estate, along with existing local residents. The demand for retail amenity in the Locality is recognized in the City of Swan Local Commercial and Activity Centres Strategy.
In line with planned development initiatives, it is likely that the socio-economic status of the Locality will significantly improve in the years to come.
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6 Sensitive Premises The sensitive premises in the area are identified in part 8 of the MGA Town Planners’ Report.
There are 30 sensitive premises in the Locality. However, there are no sensitive premises within 800m of the Proposed Store. As such, it is unlikely that the Proposed Store will have any significant impact on the sensitive premises within the Locality.
The sensitive premises are shown on the map attached at Annexure E.
Generally, the impact of licensed premises on sensitive premises is greater where the licensed premises is a social facility which provides on-site drinking. This is due to the potential noise issues and patron behavioural problems which may impact on the surrounding area. BWS is a packaged liquor store and as such there will not be any drinking on the premises (other than occasional tastings if permitted). The Proposed Store will also only operate until 9pm during the week and 5pm on weekends which will greatly minimise any potential impact on surrounding premises that might arise from late night trading.
The Locality is an emerging residential area which is the subject of a substantial development initiative. The planned Movida Estate will result in an influx of employed residents which will improve the socio-economic status of the Locality. There is expected to be very significant population growth in the Locality in the coming years which will lead to increased demand for retail amenity. This demand is recognised in local planning strategies.
There are no sensitive premises within sight of the Proposed Store.
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C. Other Licensed Premises in the Locality
1 Licensed Premises There are 12 existing licensed premises in the Locality capable of selling packaged liquor to the public.
To satisfy s36B(4) of the Act and the public interest test pursuant to s38(2) of the Act, the Applicant has prepared an analysis of the 12 licensed premises predominantly involved in selling packaged liquor in the Locality.
The Applicant has considered the following factors:
the existing packaged liquor services in the Locality;
distribution of premises in the Locality; and
ease of access to the existing premises.
1.1 Existing Packaged Liquor Services (a) BWS Midland CentrePoint
BWS Midland Centrepoint adjoins the southern edge of the Woolworths supermarket contained within the Centrepoint Midland Shopping Centre (Centrepoint). Centrepoint forms part of the Midland city centre. The store is 40m from the entry to the mall and access to the store is restricted to entry from the supermarket checkout area.
The store has a floor area of approximately 200m² with a cool room of approximately 50m². The store includes eleven fridges containing wine, cider and craft beer. There is an open fridge approximately 5 metres long containing pre-mixed drinks. The floor display contains wine, spirits and liqueurs at one side of the store, and two display racks of wine in the centre of store.
Figure 5 BWS Midland Centrepoint
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(b) Grand Central Hotel Liquor Store
The Grand Central Hotel drive - through liquor store is located at the corner of Great Eastern Highway and Helena Street, Midland. Entry is taken from the southern side of the store only and vehicles exit to the north.
The shop area is approximately 70m². At the time of inspection the store was only accepting orders from the cash register area.
The drive - through liquor store is not co – located with a supermarket and therefore does not complement grocery shopping expeditions.
Figure 6 Grand Central Hotel Liquor Store
(c) Dan Murphy’s Midland
Dan Murphy’s Midland is located at 295 Great Eastern Highway. It features a large range of products with a focus on wine. The shop floor has an area of approximately 750m², inclusive of a cool room being 55m². There are ten fridges adjoining the cool room containing a range of craft, international and popular beers. An open fridge with cider, pre – mixed drinks and wine (10 metres long) adjoins one side of the store. The main shop floor contains non - chilled cask wine, ciders, beer, pre – mixed drinks, wine and spirits.
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Figure 7 Dan Murphy’s Midland
(d) First Choice Liquor Market Midland
First Choice Liquor Market Midland ( First Choice ) is located at 273 Great Eastern Highway. The store is browse – only, featuring a range of wine, along with spirits and popular beers.
The store measures approximately 900m², with a 50m² cool room. There are twelve fridges containing sparking/wine and 6 fridges with cider and pre – mixed drinks adjoining the cool room. The shop floor and wall displays contain pre – mixed drinks, cider, wine, spirits and cartons of beer. The rear wall contains cask wine, old rare wine and sparkling wine. There is also an open fridge (7 metres long) containing chilled craft beer.
It does not adjoin a supermarket, and therefore does not facilitate combined grocery and liquor shopping expeditions.
Figure 8 First Choice Liquor Market Midland
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(e) BWS Midland Gate
BWS Midland Gate is positioned inside the internal mall area of the Midland Gate shopping centre, adjacent to the Woolworths supermarket checkout area. The store has two entry points, one from within the supermarket shop floor area and the other from the checkout area. The location of the BWS store adjacent to the supermarket enables combined grocery and liquor purchases.
The premises has approximately 170m² of floor area and a cool room of 40m². There are eight fridges containing beer and cider fronting the cool room. Two other fridges contain soft drink and wine. An open fridge contains wine and pre-mixed drinks and the floor display contains racks of wine.
Figure 9 BWS Midland Gate
(f) Liquorland Midland
Liquorland Midland is positioned inside the internal mall area of the Midland Gate shopping centre, adjoining the Coles supermarket checkout area. The store is co-located with the supermarket to enable combined grocery and liquor purchases. Customers may enter from the internal mall area, or from the checkout area of the supermarket. These two access / egress points directly align with each other.
The premises has approximately 150m² of floor area, and a 30m² cool room. A side wall display contains spirits, fortified wine and cask wines, as well as an open fridge containing sparkling wine, wine, pre-mixed drinks and cider. The opposite side wall display contains wine and the floor display includes wine and beer. The cool room is located at the rear of the shop and has eight fridges at its frontage predominantly containing beer.
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Figure 10 Liquorland Midland
(g) Darling Range Thirsty Camel
Darling Range Thirsty Camel drive - through liquor store is located at 57 Great Eastern Highway, opposite the intersection with Farrall Road.
The premises has a floor area of approximately 150m², with a 50m² cool room that is not accessible. There are sixteen fridges adjoining the cool room containing sparkling wine, wine, beer, cider and pre – mixed drinks, and the shop floor contains wine and cartons of beer.
The store does not adjoin a supermarket and does not facilitate combined grocery and liquor shopping. Given the location of the store, it primarily services commuters on Great Eastern Highway.
Figure 11 Darling Range Thirsty Camel
(h) Liquorland Stratton
Liquorland Stratton is located in the Stratton Park neighbourhood activity centre at the northern side of the Locality. It primarily services residents in Stratton and Jane Brook. Liquorland Stratton is not co-located with a supermarket.
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The store has a floor area of approximately 200m², with a 40m² cool room. There are 12 fridges adjoining the cool room containing pre-mixed drinks, cider, craft beer, international and popular beer. Another two fridges contain sparkling/chilled wine. The wall displays contain cask wine, fortified wines, spirits and red wine, and the shop floor contains wine and beer.
Figure 12 Liquorland Stratton
(i) Clayton Cellars Bottlemart
Clayton Cellars Bottlemart is a browse - only store located at the south eastern edge of the Locality, within a small local activity centre at the corner of Kalara Road and Jinda Road, Koongamia. It primarily services residents in Koongamia.
The store is not co-located with a supermarket.
The store has a floor area of approximately 100m², with a 20m² cool room. There are 6 fridges adjoining the cool room containing beer, and 1 fridge containing pre-mixed drinks. Another eight fridges in the store contain wine and pre – mixed drinks. The shop floor display contains wine and beer.
Figure 13 Clayton Cellars Bottlemart
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(j) Bucks Off Liquor
Bucks Off Liquor drive – through liquor store is located at 305 Morrison Road, Swan View, at the corner of Myles Road. It forms part of the Darling Ridge neighbourhood activity centre.
The store predominantly services residents in Swan View to the north and south of Morrison Road who wish to access the amenities of the Darling Ridge activity centre.
The store has a floor area of approximately 150m². The cool room is not accessible and is estimated to be 50m². There are eight fridges adjoining the cool room containing pre-mixed drinks and beer. Another eleven fridges contain pre-mixed drinks, wine, cider and sparkling wine. The floor display contains beer, and spirits are displayed behind the counter.
Figure 14 Bucks Off Liquor
(k) Liquorland Swan View
Liquorland Swan View is located at 309 Morrison Road, Swan View, within the Darling Ridge neighbourhood activity centre. Liquorland Swan View primarily services local residents in the suburb of Swan View to the north and south of Morrison Road.
The premises has a floor area of approximately 240m², with a 25m² cool room. There are nine fridges containing pre – mixed drinks, beer and cider that front the cool room. Another three fridges in the store contain wine and pre-mixed drinks. The wall displays contain wine and spirits, and the shop floor display contains cartons of beer.
The store has an IGA within walking distance.
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Figure 15 Liquorland Swan View
(l) Greenmount Liquor Store
Greenmount liquor store is a stand – alone premises located on Old York Road in the suburb of Greenmount. The premises are far removed from major commuter routes and are not co-located with a supermarket.
The premises has a shop floor area of approximately 220m², with a 16m² cool room. There are six fridges adjoining the cool room containing wine and sparkling wine. Another seven fridges in the store contain beer, pre- mixed drinks, cider and wine. The shop floor and wall displays contain wine and spirits.
Figure 16 Greenmount Liquor Store
1.2 Distribution of Existing Premises The Applicant instructed MGA Town Planners to prepare the following Locality Map which clearly shows that the majority of the licensed premises are located in the western periphery of the Locality. The concentration of licensed premises in this area is a result of Midland serving as a Strategic Metropolitan Area, being a primary location for employment and commercial activity.
The other licensed premises are predominantly distributed across the boundaries of the Locality. Darling Range Thirsty Camel, Greenmount Liquor Store and Clayton Cellars Bottlemart are far removed from commuter roads and are intended to service residents within the immediate vicinity.
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Only two licensed premises, Bucks-Off Liquor and Liquorland Swan View, are located within the central portion of the Locality. Both premises are located within the Darling Ridge Shopping Centre in Swan View. The suburbs of Midvale and Swan View are separated by a railway line making access between the two suburbs difficult. Neither of these liquor stores are co-located with a large-scale supermarket.
Liquorland Stratton is located within the northern portion of the Locality. It would be difficult for current and future residents of Midvale and the new Movida Estate to access this store for the reasons set out below.
Figure 17: Licensed Premises Locality Map
1.3 Ease of Access to the Existing Premises The Applicant submits that existing liquor stores are not easily accessible for current residents of Midvale nor the future residents of the Movida Estate on Farrall Road. The following table shows the distances by road from the Proposed Store to the existing packaged liquor stores in the Locality.
Table 4: Distances to Existing Liquor Stores 24
Distance from Proposed Store to Existing Stores (travelling by road) Premises Location (kilometres)
Bucks – Off Liquor 305 Morrison Road, 1 Store Swan View
24 All distance measurements were taken from GoogleMaps using the address of the Proposed Store (being 227 Morrison Road, Midvale) as the point of origin.
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Distance from Proposed Store to Existing Stores (travelling by road) Premises Location (kilometres)
Liquorland Swan Shop 7, Corner of 1.2 View Weld Road and Morrison Road
Darling Range 57a Great Eastern 1.3 Thirsty Camel Highway, Bellevue
Liquorland Stratton Shop 2 Stratton Park 2.9 Shopping Centre, Corner of O’Connor Road and Farrall Road, Stratton
Clayton Cellars 21 Jinda Road, 3.2 Bottlemart Koongamia
BWS Midland Gate 274 Great Eastern 3.5 Shopping Centre Highway, Midland
Liquorland Midland 274 Great Eastern 3.8 Gate Shopping Highway, Midland Centre
Greenmount Liquor 47 Old York Road, 4.1 Store Greenmount
First Choice Liquor 273 Great Eastern 4.1 Market Midland Highway, Midland
Dan Murphy’s 295 Great Eastern 4.1 Midland Highway, Midland
BWS Centrepoint 309 Great Eastern 4.2 Shopping Centre Highway, Midland
Grand Central Hotel 36 Helena Street, 4.8 Liquor Store Midland
As aforementioned, it is noted that access from Midvale to the two closest competing premises (being Liquorland Swan View and Bucks-Off Liquor Store) is restricted by a railway line that divides the suburbs of Midvale and Swan View.
The table demonstrates that the majority of the existing packaged liquor stores are a significant distance from the Proposed Store. There are currently no packaged liquor stores in Midvale. The residents of Midvale and of Movida Estate do not have a local packaged liquor store. There is a consumer requirement for the Proposed Store to improve access to retail amenity in Midvale especially given the current developments in the area.
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1.4 Summary The Applicant submits that it has provided probative evidence which allows the licensing authority to make findings of fact as to what packaged liquor services are currently provided by the existing packaged liquor premises in the Locality.
The Applicant submits that the facts show that:
the majority of packaged liquor stores within the Locality are not in close proximity to the Proposed Store;
access to the closest competing premises is heavily restricted by a railway line which divides the suburb of Midvale and Swan View;
the distribution of packaged liquor stores in the Locality is very uneven. The majority of packaged liquor licences are located in the western periphery of the Locality;
existing packaged liquor stores are not accessible by foot for those residing in Midvale or Movida Estate;
there are no full-scale supermarkets east of Roe Highway in the Locality co-located with a liquor store to enable combined single-trolley grocery and packaged liquor purchases; and
the Proposed Store and Shopping Centre will provide the existing and future residents of Midvale with the level of retail amenity provided to residents in the western part of the Locality.
The Applicant submits that analysis of the existing licensed premises satisfies s36B(4) by identifying that the local packaged liquor requirements cannot be met by the existing packaged liquor premises in the Locality.
The Applicant further submits that the Proposed Store satisfies the public interest test pursuant to s 38(2) of the Act. It meets the objective of catering for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry.
There are currently no packaged liquor stores in Midvale. There is an uneven distribution of packaged liquor stores in the Locality. Current liquor store offerings are not easily accessible for those residing in the central portion of the Locality. It is clear that local packaged liquor requirements cannot be met by the existing stores.
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D. Consumer Requirement and the Proper Development of the Industry
1 Australian Liquor Market
1.1 Changes in the way that we shop One of the primary objects of the Act is to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.
It is submitted that ensuring that licensed venues keep up with contemporary standards and consumer requirements is an important element of this objective. It is well established that
"In contemporary Australian life, one-stop shopping in large suburban shopping centres is of great importance, especially to working people". 25
The Licensing Authority has continued to recognise that the juxtaposition of a liquor store and a supermarket is a trend in accordance with the proper development of the liquor industry. 26
Roy Morgan Research reported on the factors that both men and women consider important in purchasing alcohol. 27 The top answer was 'good value'. However, the next most popular answer provides some insight into where people like to purchase liquor. For both men and women the location of the store 'close to home' was important. This indicates that consumers value liquor stores which are conveniently located. Female shoppers strongly indicated that they prefer to shop at liquor stores which are located where they do their grocery shopping. This factor was not as important to male shoppers, however it still rated highly in what male shoppers look for in a liquor store.
Currently, over 60 of Woolworths' supermarkets in Western Australia have a liquor store associated with them. This is now part of Woolworths' standard supermarket design. The Australian consumer now expects that alcohol will be available at the place where they do their grocery shopping.
The Australia Food & Drink Report also indicates that Australian consumers of alcohol are increasingly favouring quality over quantity. 28 The wine sub-sector in Australia is predicted to experience the most growth in sales through to 2021 driven by the trend towards premium products. 29 Beer is still the most widely consumed alcoholic drink however beer consumption per capita in Australia has been in decline since 2009 and this trend is set to continue in the coming years. 30 The beer industry has seen a halt in sales of economy brands, with growth being driven by the premium end products. For example, the craft beer sector has
25 Woolworths Ltd v Director of Liquor Licensing [2013] WASCA 227 at [78]; 26 See for example: Decision of the Director of Liquor Licensing A000222902 [2017] at [12]; Liquorland Gateway [LC 07/2017] at 23; Liquorland Secret Harbour [LC 06/2017] at 61 27 Roy Morgan Research, (2015) 'Shopping for a drop: what Aussies like in their liquor store' http://www.rovmorgan.com/findines/6093-what-aussies-like-in-their-liquor-stores-201502260413 28 Business Monitor International (2017) 'Australia Food & Drink Report Q1 2018, p16. 29 Ibid , p15. 30 Ibid at p16.
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experienced double-digit growth in recent years. 31 This was confirmed in a recent report by The Shout which found that
‘[t]he major category growth stories have been in premium or imported beers, and spirits, both of which fit with a longer term trend away from larger quantities of basic products and towards smaller quantities of premium products.”
Figure 18
BWS carries a strong range of wines as well as popular beers and craft beers.
BWS caters to demands of the current Australian packaged liquor market for 'one-stop' shopping and quality liquor products.
1.2 BWS Customers As discussed above, BWS caters to the demand from consumers who desire a one-stop shopping experience or a convenient local store. The majority (59%) of BWS customers in WA are female and this increases to 64% in the case of BWS stores attached to supermarkets. 32 Only 5% of BWS customers are between the ages of 18 - 24 years of age. 33 74% of BWS customers are between the ages of 35 - 74 years of age, indicating a more mature customer base. 34
Although BWS customers are generally less likely to be premium shoppers 35 , the Proposed Store will cater to the needs of both mainstream and premium shoppers in the locality by providing a good range of mainstream liquor products and an element of premium wines.
2 Community Survey The Applicant engaged Painted Dog Research to conduct an online survey with residents of the Locality. A total of 532 surveys were collected by Painted Dog Research between 15 July and 29 July 2020. All respondents were screened to ensure they were 18 years of age or over.
31 Ibid at p17. 32 House of Brand, (2015) 'BWS customers report', p 4-5. 33 Ibid at p 6. 34 Ibid. 35 Ibid at p17.
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A wide range of age groups were interviewed with the gender divide being well balanced.
Painted Dog also interviewed a wide range of household compositions however the most common were single income/dual income no kids families and empty nesters. This a fair reflection of the Locality based on the demographics of the area.
A summary of the results can be found below and a full copy is attached at Annexure F.
2.1 The Results (a) Strong Support
Overall, 2 in 3 (65%) of surveyed residents are in support of the Proposed Store in the Locality. This is more than triple the stated level of opposition to the Proposed Store.
16% have no opinion either way. This means that 4 in 5 of the residents are either in support of the Proposed Store or hold no opinion either way.
(b) Why is it a good idea?
When the respondents were asked why they would consider purchasing from the Proposed Store, 76% mentioned the convenience/location of the Proposed Store. This included the following:
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The location of the Proposed store close to home and/or work was a popular response together with convenience and the ability to one-stop shop. These responses highlight again that at present there is an uneven distribution of liquor stores in the Locality and a lack of access to existing liquor stores in Midvale and the surrounding area.
These results indicate that there is a consumer requirement for the Proposed Store to provide a local, more convenient place to one stop shop for liquor and groceries.
When asked which of the features of the Proposed Store are most appealing the following responses ranked in the top three for residents:
Convenience of having a BWS shop near where I live ;
Being in a safe environment to shop;
Access to competitive pricing and weekly specials;
Being able to do grocery shopping at the same time / doing it all in one trip;
The ease of parking; and
Being easier to get to and more conveniently located than other existing liquor stores.
The location of the Proposed Store within the Shopping Centre and co- located with the Woolworths supermarket is a huge appeal to the residents highlighting that there is a clear need for such an offering in Midvale.
(c) Opposition
Only 18% of respondents indicated that they are opposed to the Proposed Store.
(d) Any Concerns
When all respondents were asked if they have any concerns regarding the Proposed Store 60% had no concerns with the Proposed Store.
(e) Current shopping trends
The survey results show that Coles Swan View (62%), Coles Midland Gate (46%) and Woolworths Midland Gate (41%) are the top three places residents currently do their general supermarket shopping. These supermarkets are all located between 2km to 4km from the Proposed Store. There are no supermarkets in Midvale.
When asked what their preferred shopping retailer is, 35% considered Woolworths to be their main or most preferred shopping retailer and Dan Murphy’s was the most preferred liquor location in the Locality. This highlights the popularity of the Woolworths’ brand in the Locality. However, at present there are no Woolworths’ brands in the suburb of Midvale.
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Of those respondents that have purchased liquor in the last 12 months, 58% have purchased from Dan Murphy’s Midland, 30% have purchased liquor from BWS Midland Gate and 23% have purchased from BWS Midland Centrepoint. These liquor stores are all located in Midland, highlighting that residents of Midvale are currently having to travel a significant distance to access their preferred liquor store. Some of the comments provided by the respondents reflected this:
The combined results in relation to the current supermarket and liquor purchasing trends of the residents indicate that the co-location of the Woolworths and the Proposed Store at the Shopping Centre will be very popular and is a necessary addition to ensure the residents of Midvale have access to a one stop shop within a shopping centre.
(f) Proposed Store
Consistent with the overall support for the Proposed Store, 2 in 3 (65%) of the total respondents said they are likely to shop at the Proposed Store.
Of those that are likely to visit the Proposed Store, 76% indicated that they would do so as a result of the convenience and location including the ability to one stop shop.
Of those that are likely to shop at the Proposed Store, 77% live within 1 km of the Proposed Store indicating that there is a need for the Proposed Store in Midvale.
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Those who are likely to use the Proposed Store provided the following comments:
There are currently no supermarket or liquor store offerings in Midvale. The Proposed Store will provide a one-stop shopping experience to enable consumers to purchase liquor and groceries in the same shopping centre. The community survey results indicate that there is very strong support for the Proposed Store and the majority of respondents will use the Proposed Store. One of the key reasons for support is the proximity of the Proposed Store to where the respondents live.
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E. How does the proposal address the minimisation of harm and ill health?
Harm minimisation is one of the primary objects of the Act. In that regard, it is important to note a number of established principles.
First, harm minimisation is not a more important or fundamental object than the primary object of catering for the requirements of consumers of liquor and related services with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in Western Australia. Harm minimisation is not the primary regulatory object or consideration of the Act.
Secondly, the primary object in s 5(1)(b) of the Act is to "minimise'' harm or ill- health, not to prevent harm or ill-health. The word "minimise" is consistent with the need to weigh and balance all relevant considerations. 36
Thirdly, it is necessary to determine the likelihood of harm or ill-health occurring, and to weigh that matter against the other objects which the licensing authority finds may be promoted by the grant of the application. 37
As the Court of Appeal was moved to observe in Woolworths Ltd v Director of Liquor Licensing at [52]:
"On the proper construction of the Act (in particular, s 5(1), s 5(2), s 16(1), s 16(7), s30A(1), s 33 and s 38(2)), the Commission was obliged to take into account the public interest in:
(a) catering for the requirements of consumers for liquor and related services with regard to the proper development of the liquor industry in the State (s5(1)(c)); and
(b) facilitating the use and development of licensed facilities so as to reflect the diversity of the requirements of consumers in the State (s 5(2)(a))".
Fourthly, in order properly to assess matters related to harm minimisation the licensing authority is required to make findings about the likely degree of harm to result from the grant of the liquor application in contrast to the existing degree of harm. 38
Fifthly, the licensing authority's findings must be made by a rational evaluation of the probative evidence on its merits. The licensing authority must act judicially and apply provisions of the Act to its findings and conclusions of the evidence. 39
1 Current Alcohol Consumption Trends in Australia and Western Australia It is important to outline current trends in alcohol consumption in Australia and Western Australia to provide background information on the likelihood of harm or ill-health occurring.
36 Executive Director of Public Health v Lilly Creek International Pty Ltd (2000) 22 WAR 510 at [20], 37 Executive Director of Public Health v Highmoon Pty Ltd [2002] WASCA 77 at [10]. 38 Carnegies Realty Pty Ltd v Director of Liquor Licensing [2015] WASC 208 at [46], 39 Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [55], [59], [62] and [63],
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1.1 Australia Alcohol consumption in Australia has been on a steady decline for more than 40 years with consumption per capita in 2017-2018 continuing its decade on decade decline as ‘ moderate consumption becomes the norm in Australia’.40 Australians are drinking less alcohol per capita over all. 41
It is believed that premiumisation is leading to a “less but better” attitude in Australia. Also, the increased focus on health and wellness has resulted in health-conscious consumers opting for low and no-alcohol options as we shift towards “mindful drinking”. 42
Studies have shown that less than 15% of people in Australia actually drink in a truly risky and harmful manner, notwithstanding reports about risky drinking levels in Australia. 43
The Australian Institute of Health and Welfare has released the following data which highlights the decline in risky alcohol behaviour in Australia 44 :
The majority of Australians aged 14 years and over consume alcohol, however the proportion of people drinking in excess of lifetime risk guidelines has been declining and continues to decline.
Between 1967–68 to 2017–18, the proportion of apparent consumption of different alcoholic beverages have changed substantially with decreases in the consumption of beer (from 73.5% to 39.0%) and increases in the consumption of wine (from 14.4% to 38.6%).
Data from multiple sources indicate that there has been a decline in the proportion of Australians exceeding the National Health and Medical Research Council (HMRC) guidelines for lifetime risk by consuming more than two standard drinks per day, on average.
The National Drug Strategy Household Survey (NDSHS) 2016 found that the proportion of people aged 14 and older exceeding lifetime risk guidelines declined significantly from 19.1% in 2013 (21% in 2001) to 18.0% in 2016.
The National Health Survey 45 (NHS) reported that in 2017–18, 16.0% of adults aged 18 and over exceeded the lifetime risk guideline, a decrease from 17.3% in 2014-15 and 19.4% in 2011–12 (Table S2.26).
40 Wine Australia (22 October 2019) ‘Trends in other alcoholic beverages’ accessed at https://www.wineaustralia.com/news/market-bulletin/issue-179; Australian Bureau of Statistics(09/09/2019) ‘4307.0.55.001 ‘Apparent Consumption of Alcohol, Australia, 2017-18’ accessed at https://www.abs.gov.au/ausstats/[email protected]/Latestproducts/4307.0.55.001Main%20Features620 17-18?opendocument&tabname=Summary&prodno=4307.0.55.001&issue=2017- 18&num=&view= 41 Business Monitor International (2017) 'Australia Food & Drink Report Q1 2018 at p16 . 42 Play Market Research (‘the biggest alcohol trends for 2020’ accessed at https://www.playmr.com.au/blog/the-biggest-alcohol-trends-for-2020 43 Dr Anne Fox, (January 2015) 'Understanding behaviour in the Australian and New Zealand night-time economies', p 11. 44 Australian Institute of health and Welfare ‘Alcohol, tobacco & other drugs in Australia’ (Last updated January 2020) accessed at https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco- other-drugs-australia/contentxs/drug-types/alcohol 45 Australian Bureau of Statistics, ‘National Health Survey : First Results, 2017-2018’ accessed at https://www.abs.gov.au/ausstats/[email protected]/mf/4364.0.55.001
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2016 NDSHS findings showed that people aged 14 or older living in Remote and Very Remote areas of Australia are about 1.5 times more likely than people living in Major cities to exceed lifetime risk guidelines (26% compared with 15%) and the single occasion risk guidelines (at least monthly) (37% compared with 24%) (Figure ALCOHOL4; Tables S2.12 and S2.13).
2017–18 NHS results showed that adults (aged 18 or older) in Outer regional and remote areas were 1.7 times as likely to exceed lifetime risk guidelines as those in Major cities (24.4% and 14.7% respectively) (Table S2.26; age-standardised proportions).
The National Alcohol Strategy 2019-2028 provides as follows:
“Australia’s overall consumption of alcohol (on a per capita basis) has been in decline for the past 40 years, and the percentage of people reporting abstinence from alcohol has either increased or remained stable between 2009 and 2016. Significant improvements have also been observed in abstinence over the same period among younger Australians. …. This is in spite of the fact that some research indicates that alcohol has become more readily available and affordable in Australia over the last decade.” 46
These statistics and data provide a positive backdrop for the granting of the Proposed Store which will be located in Midvale where there are no existing liquor stores.
1.2 Western Australia In Western Australia the following data was found in the National Drug Strategy Household Survey between 2001 and 2016:
The percentage of lifetime risk drinkers has declined by 3.3%;
The percentage of single occasion risk drinkers has declined by 4.4%.
Figure 19
46 Department of Health ‘National Alcohol strategy 2019-2028’ at p19
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The NDSH also found that in WA:
There has been a significant decrease in the number of people drinking weekly (-6%); and
There has been a significant increase in those abstaining from alcohol (4.9%)
2 Alcohol Related Harm The Applicant has analysed publicly available data to provide an insight into alcohol-related harm in the Locality.
2.1 Hospitalisation, Mortality and Alcohol Consumption rates Firstly, the Applicant reviewed the Drug and Alcohol Office’s report on the North Metro Health Region ( North Metro Area ). The North Metro Area covers an area of 3,027 square kilometres and had a population of 969,100 in 2011. It includes the Locality albeit the Locality is only a small proportion of the North Metro Area extending only 3km from the Premises.
Data published by the Drug and Alcohol Office indicates that the rate of alcohol- related hospitalisations in the North Metro Area for the period from 2007-2011 was significantly lower for both males and females than the corresponding State rates. 47
Trends show that overall the mortality rate for all alcohol-related conditions in the North Metro Area was significantly lower (0.89 times) than the corresponding State rates from 2007 to 2011. 48
The North Metro Area also recorded a lower proportion of alcohol-related police attended fatal and hospitalisation required motor vehicle accidents between 2006 and 2013 than the State. 49
The percentage of people on the North Metro Area who engage in single risky drinking (more than four standard drinks in one instance) is comparable to State levels. 50 The trend with respect to this behaviour in the North Metro Area is stable, being 12.5% in 2006 and 11.2% in 2013. 51 Similar results can be observed in relation to lifetime risky drinking patterns (more than two standard drinks on any one day) in the North Metro Area. 52
Additionally, the per annum pure alcohol intake for people aged 15 years and over is lower in the North Metro area (12.16 litres) in comparison to State figures (12.37 litres). 53
47 Drug and Alcohol Office WA and Epidemiology Branch of Department of Health WA (2014) ‘Alcohol-related hospitalisations and deaths in Western Australia. Regional Profile: North Metro’ at p6 48 Ibid at p10 49 Ibid at p15 50 Ibid at p5-6 51 Ibid 52 Ibid at p7 53 Ibid at p8
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2.2 VicHealth Study In December 2011 VicHealth 54 published the results of a detailed study which tested the availability of alcohol, measured as the number of beverages stocked in the closest store out of a possible 70 items audited, and its relationship to harm. The study concluded that there was no evidence to support an association between the availability of alcoholic beverages in stores and drinking at levels associated with levels of harm 55 . It also interestingly found:
"some limited evidence that increased availability of a range of alcoholic beverages in the stores closest to the respondents' homes actually reduced the risk of consuming at levels associated with long-term harm." 56
The study also concluded that elevated risk (of drinking at levels associated with short-term harm, at least weekly) lies with 8 or more outlets within a one kilometre walking network area 57 .
In relation to this Application, there are no liquor stores within a 1km distance from the Proposed Store therefore, in accordance with this research, the opening of the Proposed Store would not reach the threshold point or anywhere near it. The following tables demonstrate the odds of consumption at levels associated with short-term harm (weekly & monthly) by number of stores (within 1 kilometre network distance) compared to no stores.
Figure 20: Odds of consumption at levels associated with short-term harm (weekly) by number of stores (within 1-kilometre network distance) compared to no stores
Figure 21: Odds of consumption at levels associated with short-term harm (monthly) by number of stores (within 1-kilometre network distance) compared to no stores
54 Kavanagh A and Krnjacki L 'Accessibility to alcohol outlets and alcohol consumption: Findings from VicLANES'. Victorian Health Promotion Foundation (VicHealth) Carlton, Australia. December 2011 55 ibid at p16 56 ibid at p20 57 ibid at p16
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2.3 Crime Rates A report produced by the Applicant titled " The operating experience of BWS Stores – alcohol related crimes " noted:
"It is the strong view of Woolworths (supported by the evidence in this document) that there must be something "atypical" in a specific location that causes deterioration in alcohol related crime. There is no evidence of any correlation between:-
a new BWS PLL [packaged liquor licence] opening in a suburb (i.e. of itself) on the one hand; and
more people behaving poorly (or the frequency in which a person behaves poorly increasing), on the other.
This is clearly evident by the information in this document." 58
The Applicant's report analyses crime data following the opening of four BWS stores in New South Wales in 2009, 2010 and 2012. As reported by the Applicant:
"The combined evidence is substantial and undeniable. It shows that the introduction of the 4 BWS stores had no adverse impact on alcohol related crime (either at an LGA or a suburb level). This is despite the fact that those populations have either: (a) a significant number of over represented at-risk indicators; (b) disadvantage through the SEIFA indices (see Tables 1 and Table 2); (c) elevated levels of crime; (d) high outlet density; or (e) a combination of the above."
"It is powerful evidence that no matter where a Woolworths retail liquor store is placed in NSW, that there has been no credible evidence provided to the Authority by anyone (that we are aware of) that contradicts the above position."
There is no equivalent data currently available in Western Australia however the Applicant submits that the data is equally relevant to Western Australia as the liquor licensing conditions and the cultures of Western Australia and New South Wales are very similar.
58 Woolworths (2 November, 2015) 'The operating experience of BWS stores - alcohol related crimes' at paragraph 3
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2.4 Community Safety BWS has a number of policies and campaigns to promote responsible drinking including:
(i) using a responsible buying charter, which, among other requirements, does not permit the supply of alcoholic products that suggest association with anti-social behaviour, encourage immoderate levels of intake, or imply that health benefits can be achieved through consumption;
(ii) community education initiatives, such as the 'Don't Buy It For Them' campaign, which seeks to inform adults of the dangers of providing alcohol to youths; and
(iii) stringent policies which prohibit the supply of alcohol to intoxicated patrons or minors such as the ID25 policy.
These initiatives help to educate the community that the consumption of alcohol should be done responsibly, and that underage drinking is illegal and can be extremely harmful. This type of broad education is important in reducing the impact of alcohol-related harm in the community.
3 Harm Minimisation Management
3.1 Effective management A number of studies have shown that well managed environments for the sale and consumption of alcohol contribute to reducing alcohol related harms. 59 An independent review of the Act states that:
"Well managed premises and the responsible service of alcohol are seen as important tools in changing Western Australia's drinking environment and providing consumers with safer, more responsible venues that are committed to practising harm-minimisation techniques." 60
The National Alcohol Strategy outlined principles for effective policing of licensed drinking environments. 61 The following principles, taken from the strategy, shall be applied in relation to the effective management of the Premises:
(a) management practices that comply with legislation and reduce harm to staff and patrons;
(b) comprehensive staff training;
(c) implementation and enforcement of RSA policies and procedures;
(d) premises designed to minimise harm;
(e) responsible marketing practices;
(f) community education;
59 Ministerial Council on Drug Strategy, (2004), ‘The Prevention of Substance Use, Risk and Harm in Australia' p 86. 60 Liquor Control Act 1988: Report of the Independent Review Committee December 2013, p 35. 61 Ministerial Council on Drug Strategy (May 2006) ‘National Alcohol Strategy 2006-2009 Towards Safer Drinking Cultures' at p14.
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(g) access to public transport; and
(h) co-operation with police and local government.
BWS have strong policies relating to each of these practices, which will be implemented at the Proposed Store. These policies are discussed in more detail below.
3.2 Management practices, staff training and RSA BWS enforces strict management practices and policies.
The Management Plan for each BWS store sets out the RSA procedures for the store. An approved manager must be present at the premises at all times. Endeavour encourages its staff to be aware of what is taking place both inside and outside the store. This is an important part of monitoring customers who may consume alcohol bought at the premises on site.
Endeavour provides its staff with guidelines for assessing whether a customer is intoxicated and refusal of service. Endeavour requires that the staff member ask the person to leave the premises. If any issues arise the staff member should ask for assistance from the store manager and contact the police if necessary. Staff must refuse to serve any alcohol to the intoxicated person and may refuse to admit any person to the store who has previously been asked to leave.
Endeavour also enforces strong policies regarding evidence of age and preventing service to juveniles. If a juvenile enters the store and is not accompanied by a responsible adult, the staff members on duty should ask the juvenile to leave the store. The ID25 policy is strictly applied and staff must ask for proof of age identification from anyone who looks under 25 years old. If the person is unable to produce identification, the staff member must refuse service.
Each BWS store contains an incident register which is required to be used consistently and checked on a daily basis. The staff members at the store should ensure that responsible service posters are displayed throughout the store to promote the responsible consumption of alcohol. All staff members are required to complete RSA training within 4 weeks of commencing employment and are required to participate in induction training. The induction covers:
(a) company policies, such as employee conduct;
(b) the requirement that the employees promote responsible drinking;
(c) the refusal of service to intoxicated persons;
(d) the refusal of service to juveniles;
(e) employee benefits and conditions;
(f) loss prevention issues and theft;
(g) safety and health policy and practices;
(h) hazards to be aware of in the store;
(i) reporting an accident; first aid; and
(j) selling regulated products, such as liquor.
A copy of the BWS harm minimisation policies is attached at Annexure G and a copy of the RSA Policy at Annexure H.
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Endeavour also have a dedicated National Manager Responsible Service, Kay Attard, who provides advice and direction on all aspects of liquor compliance and responsible service of alcohol to assist in the management of risk for the Endeavour Drinks Group. Kay Attard liaises with licensing and police in all states and territories and has been involved in many liquor forums and accords working together to develop initiatives that the benefit the community.
3.3 Environmental factors: Crime prevention through environmental design The Australian Institute of Criminology has outlined risk factors that affect the likelihood of alcohol related harm at licensed premises. 62 These include the capacity of the venue, the atmosphere and decor, and the culture of the premises. BWS has a strong commitment to Crime Prevention through Environmental Design ( CPTED ).
(a) Surveillance and lighting
All BWS stores are designed to minimise the risk of crime. The cash register is located near the public entrance to the store to ensure visual surveillance. Bright lighting is also used throughout the store. External and security lighting will operate during non-trade hours. The location of the Proposed Store within the Shopping Centre will also increase surveillance. A high quality CCTV system will be installed in the store with numerous cameras to reduce crime.
(b) Territorial reinforcement
The Proposed Store will be clearly branded with BWS branding and will be housed adjacent to the Woolworths supermarket which will further reinforce the branding. BWS staff are all highly trained and wear uniforms. Effective internal design of the stores limits the opportunities for concealment. External areas are maintained and kept tidy and clear from litter.
(c) Access control
The Proposed Store will be located within the Shopping Centre which will help limit access.
The environmental design of the Proposed Store, including the bright lighting and extra security, will discourage problem drinkers and particular at risk groups from frequenting the premises.
3.4 Responsible buying BWS complies with the Endeavour Responsible Buying Charter ( Responsible Buying Charter ) to ensure that internal purchasing and ranging decision making processes comply with best practice guidelines for retailers and drinks manufacturers worldwide. The Responsible Buying Charter is designed to help ensure that BWS adds value to the community rather than adding harm. The Responsible Buying Charter is a guideline to ensure that only products which are appropriately branded are stocked at Endeavour Drinks Group stores. It prohibits BWS from stocking products that appeal to minors, encourage inappropriate drinking practices, or make inappropriate associations, such as associations with illicit drugs.
A copy of the Responsible Buying Charter is attached at Annexure I .
62 Australian Institute of Criminology, December 2009 'Key Issues in alcohol-related violence', p5,
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The Responsible Buying Charter requires that any products sold do not:
(a) have the potential to appeal to minors;
(b) have the potential to lead to confusion with confectionary or soft drink;
(c) have an appearance that may lead to confusion about the alcoholic nature and strength of the product;
(d) draw any association with drug culture;
(e) encourage illegal or immoderate consumption;
(f) suggest association with violent, dangerous, aggressive or anti-social behaviour;
(g) suggest consumption could lead to sporting, social or sexual success or popularity;
(h) feature imagery or language that could be offensive on cultural, religious, ethnic or gender grounds; or
(i) suggest any physical or mental health benefit can be obtained by consumption.
Each new product that is sold in the stores must meet these requirements, which are aimed at minimising the potential for alcohol marketing to encourage consumers to drink in ways that could be potentially harmful.
3.5 Community education The Independent Review endorses community education as the key to reducing the impact of alcohol related harm in Western Australia. 63 BWS runs several community education campaigns in its stores, including:
(a) the 'Don't Buy It For Them' campaign, which seeks to inform adults of the dangers of providing alcohol to youths;
(b) the 'Look For The Standard Drink Icons' campaign, which seeks to inform people of the different volumes equating to a standard drink for each drink category; and
(c) the 'It is safest not to drink alcohol while pregnant' campaign in conjunction with Drinkwise Australia, which seeks to inform women and their partners of the importance associated with understanding all the facts about alcohol and pregnancy.
These campaigns are all prominently displayed in-store and also on the BWS website.
3.6 Community involvement BWS is committed to participating in relevant community education programs in the local communities where its stores are located. BWS also supports local organisations and charities, and the following campaigns:
63 Liquor Control Act 1988: Report of the Independent Review Committee December 2013, p 9.
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(a) the Alcohol Beverages Advertising (and Packing) Code Scheme which is a combination of industry, advertising and government representatives who administer complaints about alcohol advertising;
(b) White Ribbon which is the world's largest male-led movement to end men's violence against women;
(c) Jawun which forms partnerships to benefit corporate, government and Indigenous Australia; and
(d) Drinkwise Australia which aims to educate consumers on the harmful effects of alcohol abuse.
These policies make BWS one of the most responsible liquor retailers.
4 Impact on Specific at Risk Groups
4.1 At risk groups The Licensing Authority guidelines in respect of the PIA identify the following at risk groups:
(a) children and young people;
(b) Aboriginal people and communities;
(c) people from regional, rural and remote communities;
(d) families;
(e) migrant groups from non-English speaking countries;
(f) people in low socio-economic communities;
(g) mining communities or communities with a high number of itinerant workers; and
(h) communities that experience high tourist numbers.
A number of factors, such as demographics and the size of the Locality will have an impact on the level of alcohol related harm in a particular Locality. 64
(a) Children and young people
The proportion of children aged 0-14 (18.5%) is lower than the State proportion of this age group (19.3%), and the proportion of those aged 15-19 (5.8%) is also lower than the Greater Perth area (6.2%). 65
(b) Aboriginal people and communities
The proportion of the Locality population identifying as Aboriginal is slightly higher than the proportion throughout the State. 66
64 Ministerial Council on Drug Strategy, (2004), 'The Prevention of Substance Use, Risk and Harm in Australia' p 189 65 MGA Town Planners (August 2020) 'Proposed BWS Liquor Store' at para 5.2 66 Ibid at para 5.3
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(c) People from regional, rural and remote communities
The Locality is not a regional, rural or remote community.
(d) Families
The is a lower proportion of family households in the Locality (65.6%) in comparison to Greater Perth (73%) and the State (72.7%). 67
(e) Migrant Groups
There was a lower proportion of migrants from non-English speaking countries (17.1%) in comparison to the Greater Perth average (18.7%). 68
(f) Low socio-economic groups
The Locality has mixed SEIFA rankings with some suburbs such as Jane Brook and Greenmount having higher socio- economic advantage/disadvantage rankings while other suburbs such as Midland and Midvale have lower rankings. The lower SEIFA rankings can partly be attributed to the age profile and household composition of the Locality. The Locality is a relatively aged community which would contribute to the lower incomes observed. Persons in this age group are also more likely to have paid off mortgages. In addition, lower income levels can be attributed to the significantly higher proportion of lone- person households within the Locality (30.2%) as compared to the Greater Perth area (23.0%). This rationale is justified given that the rate of unemployment within the Locality (7.4%) is lower than the Greater Perth area (8.1%).
It is expected that the SEIFA rankings will improve dramatically with the influx of new residents in Midvale at the Movida Estate. The new residents of the Movida Estate will not fall into the category of low socio- economic groups.
(g) Mining communities
The Locality is not a mining community and the proportion of those employed in the mining sector is at or below the Greater Perth and State average. 69
(h) Tourist Numbers
The Locality is not a tourist area.
The Locality is a developing area with substantial commercial and residential developments on the horizon. It does not contain a high proportion of at-risk groups. The Applicant is an experienced retailer with strict management practices and policies to minimise harm.
67 Ibid at para 5.5 68 Ibid at para 5.6 69 Ibid at para 5.8
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F. Other Factors
The public interest test also requires that the Licensing Authority considers the factors outlined in section 38(4) of the Act. The first of these relates to harm and ill health, which was discussed above. The three remaining parts of section 38(4) are considered below.
1 The amenity, quiet or good order of the Locality – Section 38(4)(b) Whether the amenity, quiet or good order of the locality in which the licensed premises, or proposed licensed premises are, or are to be, situated might in some way be lessened
1.1 Retail Amenity As stated above, Midvale was described in the LCAS as an area that is ‘ not currently well served by full-line supermarket facilities or attractive, well-designed neighbourhood centres’ .70 In light of this, the LCAS envisioned the development of a Midvale neighbourhood activity centre which would provide residents with convenient access to day-to-day and weekly shopping requirements. The Proposed Store and Supermarket will form part of this activity centre and provide much required retail amenity to current and future residents.
The need for more conveniently located retail amenities was echoed by the community survey, where a large proportion of respondents expressed a need for a local, convenient, one-stop shop service. The Proposed Store will enable one-stop shopping to be accessed efficiently and equitably by residents in Midvale as well as surrounding areas.
As previously noted there are currently no supermarkets or liquor stores in the suburb of Midvale. The Proposed Store and Supermarket will be the only stores of this kind in the Midvale area. It will undoubtedly improve the retail amenity for the developing community in this area.
1.2 Quiet and good order As the Proposed Store will not permit on-site drinking (aside from occasional tastings), operates during normal business trading hours and operates pursuant to numerous harm-minimisation strategies, the Applicant submits that the grant of the licence will not lessen the quiet or good order of the Locality. It is submitted that the Proposed Store will improve the good order of the Locality by providing modern retail amenity that is currently lacking in the area.
1.3 One-stop shopping The Proposed Store will be built adjacent to a new Woolworths supermarket. It will provide a one-stop shopping experience for the local residents doing their grocery shop at the Woolworths supermarket.
At present the closest Woolworths supermarket with an adjacent liquor store is located over four kilometres from the Proposed Store in Midland.
70 City of Swan Local Commercial and Activity Centres Strategy at p 17
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Over 60 Woolworths supermarkets in Western Australia have a liquor store associated with them. The Australian consumer now expects alcohol to be available at the place where they do their grocery shop and shop for other amenities. This is reflected in the Applicant's community survey which found that 65% of respondents indicated that they would likely shop at the BWS 71 and of those likely to shop at the Proposed Store 76% mentioned improved convenience and location, including the BWS being ‘close to home/work/it’s local’ and the ability to one-stop shop i.e combine grocery and liquor purchase, as the reasons they would use the Proposed Store. 72 The respondents noted the following 73 :
“It’s the perfect location. It’s on the way home for anyone in the area and the local alternatives are not as well located.”
“It’s located close to my home and I do my weekly shopping at Woolworths as well. So, it would be really convenient for me.”
"It would be very convenient for me, as most other stores are across the Great Eastern Highway.”
"I can just get everything done like my grocery, liquor shopping and all other necessities in one trip.”
The Applicant has also attached data at Annexure J which shows the proportion of visits by Everyday Rewards Card holders to BWS stores in the Perth metropolitan area, who in the same trip visited an adjacent Woolworths supermarket. This data shows that around 3 in 4 visits to BWS stores by card holders was a cross-shop with a Woolworths supermarket. It can reasonably be inferred from this data that there is a strong consumer requirement for one-stop shopping in the Perth metropolitan area.
The Proposed Store will provide the opportunity for a neighbourhood one-stop shopping experience which does not currently exist in Midvale.
1.4 Physical amenity The Proposed Store will be accessible from the adjacent Woolworths supermarket and an internal mall area. There will be no direct access from the street. The buildings will all be new, modern facilities with well-designed landscaping.
71 Willoughby, K, Zhang, I & Batini, C (August 2020) "BWS Midvale Liquor Licence Market Research" at p20 72 Ibid at p23 73 Ibid at p24
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2 Offence, annoyance, disturbance or inconvenience Whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the proposed licensed premises
2.1 Trading hours The trading hours for the Proposed Store will be as follows:
Monday to Friday 8am – 9pm
Saturday 8am – 5pm
Sunday 11am-5pm
2.2 Traffic The Shopping Centre will be created to provide adequate access and parking facilities from the main surrounding roads. The efficient movement of traffic will also be supported by an upgraded local street network, which is planned as part of the development of the Farrall Road Structure Plan Area. 74
Moreover, the Applicant has provided data at Annexure J which shows that around 3 in 4 visits to BWS stores by rewards card holders last year was a cross- shop with a Woolworths supermarket. It can therefore be reasonably inferred that the Proposed Store will produce very little additional traffic to the Shopping Centre as the majority of customers are likely to be cross shoppers who would otherwise be visiting the Woolworths supermarket.
2.3 Noise As the BWS is to be located in the Shopping Centre it is unlikely to cause any issues with noise to surrounding premises.
2.4 Security and management As discussed above, BWS has established responsible service of alcohol policies. CPTED policies are used in the design of all BWS stores to ensure that a safe and secure environment is provided to customers. Moreover, the location of the Proposed Store within the Shopping Centre will add an extra element of security given the number of people who will be patronising the complex. All BWS stores are recognised for being well managed and are staffed by well trained, passionate people.
3 Tourism, or Community or cultural matters Any effect the granting of the application might have in relation to tourism, or community or cultural matters
The Locality is not a tourist area. The granting of the Application will improve the retail amenity for the local community.
74 Ordinary Meeting of Council, Proposed Local Structure Plan No. 42 – Lots 102 and 427 Farrall Road, Stratton and Lot 50 (No.53) Farrall Road, Midvale (20 January 2016) at p4
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The Proposed Store will have a positive impact on the Locality by improving retail amenity. It will provide the only opportunity in the suburb of Midvale for residents to do a large supermarket shop with an adjacent liquor shop. The Proposed Store will cater to the requirements of the residents and satisfy the City of Swan’s objectives for the area. The Proposed Store and Shopping Centre will provide the local residents with a well-managed and safe environment to one-stop shop.
As the Proposed Store will be located inside the Shopping Centre it is unlikely to have any further impact in terms of noise or traffic.
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H. CONCLUSION
The Applicant submits that it has provided substantive evidence throughout its Public Interest Assessment to support the grant of the Application.
The Applicant submits that the granting of the Application is in the public interest pursuant to s38(2) of the Act and meets the primary and secondary objects of the Act.
The Proposed Store will implement strong harm minimisation policies and procedures in accordance with the s5(1)(b) of the Act. The Applicant is an experienced and responsible liquor store retailer with proven operational capabilities.
The Proposed Store will complement the Woolworths supermarket and speciality shops at the Shopping Centre and will provide a one-stop shopping experience that does not currently exist in the local area. The local community has indicated in the Applicant's community survey that there is 65% support for the Proposed Store and that 65% are likely to use the store indicating that local residents have a consumer requirement for the Proposed Store.
Moreover, the population of the Locality continues to increase. In particular, the population of Midvale, where the Proposed Store will be located, is expected to significantly increase following the development of the Movida Estate. This in turn results in an increased demand for retailers and service providers in the Locality including the Proposed Store and Supermarket.
The Applicant therefore submits that the Proposed Store will cater for the requirements of the current and future consumers of liquor within the Locality in accordance with s5(1)(c) of the Act and further the proper development of the liquor industry by providing a modern, convenient, one-stop shopping experience.
The Applicant further submits, pursuant to s36B(4), that it has provided probative evidence upon which the licensing authority can make findings of fact that:
there is a requirement for a local packaged liquor store in Midvale;
the packaged liquor services provided by the existing packaged liquor premises do not reasonably meet the local packaged liquor requirements;
the distribution of existing packaged liquor stores in the Locality is uneven; and
The existing packaged liquor stores are not easily accessible for the central part of the Locality.
The survey results support these submissions.
The Application requires the licensing authority to undertake a weighing and balancing exercise between the primary objectives of the Act i.e. s5(1)(b) in relation to the minimisation of harm and ill-health and s5(1)(c) in relation to catering for the requirements of consumers of liquor and related services with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. The Applicant reiterates that the Locality:
(a) is likely to become significantly more advantaged following the development of the Movida Estate;
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(b) has a low-level of at-risk groups;
(c) has low rates of alcohol-related harm and ill-health;
(d) has a population that is growing at a rate that will sustain the Proposed Store in the Locality; and
(e) has demonstrated strong community support for the Proposed Store.
The Applicant therefore submits that there is little tension between the characteristics of the Proposed Store and the objects of the Act. The likely degree of harm as a result of the Application being granted is minimal.
The Applicant further submits that the weight of the public interest evidence favours the grant of this Application.
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I. FURTHER INFORMATION
The Applicant reserves the right to supplement this PIA and accompanying submissions if required in order to satisfy the public interest test under the Act. The Applicant would also welcome the opportunity to discuss the application with the Licensing Authority if further information or further consideration of any aspect of this PIA is needed. The Applicant may be required to amend this PIA subject to any specific issues that are identified by the Licensing Authority or any interveners or objectors to this application.
The contents of this publication are subject to copyright. It may not be reproduced, stored in a retrieval system or transmitted other than in connection with bona fide use by the parties and the Licensing Authority in the application, without written permission. Enquiries should be addressed to Lynsey Grossi of King & Wood Mallesons, Level 30, 250 St Georges Terrace, Perth.
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