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GUILDFORD WA 6935

The Piccadilly 700-704 Hay Street Mall, Perth WA 6000.

Application for a Special Facility Licence (Reception or Function Centre/ Theatre or Cinema)

Section 38 Submissions Public Interest Assessment

February 2020

COPYRIGHT © Canford Hospitality Consultants Pty Ltd 2020 Copyright in this document is the property of Canford Hospitality Consultants Pty Ltd. This document may not be copied or reproduced in whole or in part without the specific prior written consent of Canford Hospitality Consultants Pty Ltd. Canford Hospitality Consultants Pty Ltd may seek both injunctive relief restraining the unauthorised use of this document (or any part thereof) and an accounting for profits action against any person or entity who so copies or reproduces this document (or any part thereof) without said prior written consent. The Piccadilly │Public Interest Assessment

Contents

1. Introduction ...... 3

2. The Locality ...... 7

3. Demographics of the Locality ...... 10

4. Outlet Density Information ...... 16

5. History of the site ...... 19

6. Proposed Style of Operation ...... 21

7. Background & Experience of the Applicant ...... 28

8. Risk Assessment with respect to Harm or Ill-health ...... 31

9. Juvenile Submissions ...... 37

10. A Report on the amenity on the locality ...... 39

11. Section 38(4)(ca) Tourism, or Community or Cultural Matters ...... 41

12. Section 38(4)(c) Offence, Annoyance, Disturbance or inconvenience ...... 46

13. Section 5(1)(a) of the Liquor Control Act (1988) ...... 48

14. Section 5(1)(b) of the Liquor Control Act (1988) ...... 49

15. Section 5(1)(c) of the Liquor Control Act (1988) ...... 51

16. Section 5(2)(a)(d)(e)(f) of the Liquor Control Act (1988) ...... 52

17. Objective witness support ...... 53

18. Conclusion ...... 54

Attachments ...... 55

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The Piccadilly │Public Interest Assessment

1. Introduction 1.1. Mellen Promotions Theatre Pty Ltd is applying to the licensing authority for the grant of a special facility licence (function centre/ theatre or cinema) for The Piccadilly (Piccadilly) located at 700-704 Hay Street Mall, Perth. 1.2. The proposed Piccadilly will be a sophisticated theatre similar to; 1.2.1. Perth Concert Hall; 1.2.2. His Majesty’s; and 1.2.3. The Regal Theatre. 1.3. The theatre fit out budget is estimated at $4m and is part of an overall $13m budget for the arcade as a whole. 1.4. These submissions are designed to address the public interest requirements as set out in section 38 of the Liquor Control Act 1988 and the pre-requisites for the grant of a special facility licence as set out in section 46 of the Liquor Control Act 1988. 1.5. These submissions have been drafted by Canford Hospitality Consultants Pty Ltd in consultation with Andrew McIntyre, a representative of the applicant company. References to the applicant or the applicant’s opinion relate to Mr. McIntyre. 1.6. Section 38(2) of the Act sets out the matters which may be taken into account by the Licensing Authority in deciding whether or not to grant a liquor licence. Specifically, it states: 1.6.1. “An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest”. 1.7. Section 38(4) of the Liquor Control Act states the licensing authority may have regard to the following matters when considering an application for a liquor licence; 1.7.1. the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; and 1.7.2. 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 manner be lessened; and 1.7.3. 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; and 1.7.4. any effect the granting of the application might have in relation to tourism, or community or cultural matters; and 1.7.5. any other prescribed matter”. 1.8. The objects of the Act are contained in section 5, which states the primary objects of the Act are – 1.8.1. “to regulate the sale, supply and consumption of liquor; and

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The Piccadilly │Public Interest Assessment 1.8.2. to minimise harm or ill-health caused to people, or any group of people, due to the use of liquor, and 1.8.3. 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”. 1.9. Section 5 of the Act also includes the following Secondary Objects; 1.9.1. 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; and 1.9.2. To provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; and 1.9.3. To provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act, and 1.9.4. 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”. 1.10. Further Section 5(3) states “If, in carrying out any function under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence”. 1.11. The Director General provides advice to applicants for a liquor licence on the Department of Racing, Gaming and Liquor website ((https://www.rgl.wa.gov.au/liquor/liquor-news/liquor-news-archive/note- from-director-general). The advice note is called ‘A note from the Director General on Applying for a Liquor Licence’ and in it the Director made the following comments; 1.11.1. “The proliferation of liquor outlets is not in the public interest. To increase the number of licensed premises without any real and demonstrable consumer requirement, would represent proliferation without justification.” 1.11.2. “The licensing authority must also weigh and balance the requirements of consumers against the object of minimising harm or ill-health caused to people, or any group of people due to the use of liquor.” 1.11.3. “For an applicant to discharge its onus under section 38(2), it must address both positive and negative impacts that the grant of the application will have on the local community.” 1.11.4. “This means applicants must adduce sufficient evidence to demonstrate the positive aspects of their application, including that the proposed licence will cater for the requirements for consumers for liquor and related services. The Liquor Commission has determined that failing to do this means “...the granting of licences

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The Piccadilly │Public Interest Assessment under the Act would become arbitrary and not in accordance with the objects of the Act.” (LC 32/2010:Element WA Pty Ltd)” 1.12. According to a media release by the Premier’s office “Cheers to WA: Everyone’s a winner under State’s new liquor laws” dated 14th August 2018, Premier Mark McGowan pertaining to the Liquor Control Act Amendment Bill 2018, stated; 1.12.1. “The new changes coming into effect this weekend strike the right balance between community health and safety while encouraging a more tourism-friendly hospitality culture”. 1.12.2. “Tourism is a key economic driver for WA and plays a vital role in our plan to diversify the State's economy and create new jobs”. 1.13. In the same media release, Minister Paul Papalia is quoted as saying; 1.13.1. “The passing of this legislation represents the most significant liquor reforms for the State in over a decade and delivers on our Government's plan for jobs by supporting opportunities for business growth and driving visitation to our wonderful State”. 1.13.2. “It is time to modernise the hospitality and tourism industries, and these laws strike a good balance between the responsible consumption of liquor together with the tourism and employment benefits of a dynamic and prosperous hospitality industry”. 1.13.3. “These reforms will mean venues that deliver cultural and tourism value will have a better chance of obtaining a suitable liquor licence”. 1.13.4. “By cutting red tape we are supporting exciting local businesses, creating more jobs and moving towards a tourism-friendly hospitality industry”. 1.14. The Director of Liquor Licensing further states in the Public Interest Assessment policy document that; 1.14.1. “It is important to note, however, that because each community is different, the level of detail required in a PIA will be different for individual applications. In this regard, the required level of detail is subject to the complexity of the application and the impact the premises/proposed premises will have on the surrounding community”. 1.15. The following mitigating factors will greatly reduce the potential for the proposed venue to add materially to any harm or ill-health which may currently be experienced in the locality due to the use of liquor; 1.15.1. The directors of the applicant company are respected and very experienced operators of events in WA and Australia; 1.15.2. The applicant will not serve liquor to members of the public off the street. Only people attending or participating in; 1.15.2.1. A performance, 1.15.2.2. A live concert or event, 1.15.2.3. A reception or function,

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The Piccadilly │Public Interest Assessment 1.15.2.4. A rehearsal for a performance, 1.15.2.5. A workshop at the theatre; and 1.15.2.6. If attending a performance or concert they must be the holder of a valid ticket for that performance on that day. 1.15.3. The applicant proposes a sophisticated venue which will be used for a variety of purposes including; 1.15.3.1. Musical Theatre; 1.15.3.2. Comedy Acts; 1.15.3.3. Music concerts; 1.15.3.4. Kid’s Shows / Matinees; 1.15.3.5. Classical Theatre; 1.15.3.6. Ballet; and 1.15.3.7. Perth International Arts Festival. 1.15.4. Patrons will not be attracted to The Piccadilly for the sole purpose of drinking, the main attraction will be the performances or the function the person is attending. 1.15.5. The premises will have a full kitchen, and food will be available during all operational hours, with orders for meals accepted up to one hour before closing; 1.15.6. Although the patron capacity is large (1,100), the function rooms are relatively small; 1.15.7. There will be no ‘in seat’ service of alcohol in the theatre; 1.15.8. The premises will be completely enveloped within the Arcade building. 1.15.9. Since the applicant proposes to hold underage concerts, staff will be stationed inside the theatre to check and monitor unaccompanied juveniles.

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The Piccadilly │Public Interest Assessment 2. The Locality 2.1. The Director of Liquor Licensing’s policy on Public Interest Assessments states, in part, ‘as part of PIA submissions, applicants must provide details regarding the community in the vicinity of the proposed licensed premises and any amenity issues in the locality.’ 2.2. According to the policy, ‘Locality’ refers to ‘the area surrounding the proposed licensed premises’. The policy also states that the ‘locality will be the area most likely to be affected by the granting of an application in relation to amenity issues.’ 2.3. To assist in further defining the locality it will be useful to examine the following; 2.3.1. The physical location of the subject premises; 2.3.2. The presence of natural or human made boundaries that effectively separate the subject premises from community; 2.3.3. The community most likely to be impacted by the grant of this application. 2.4. The physical location of the subject premises;

The subject premises

2.4.1. The Piccadilly is to be entirely enveloped within the existing Piccadilly Arcade in the heart of the Perth CBD on Hay Street.

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The Piccadilly │Public Interest Assessment 2.4.2. Piccadilly Arcade is bounded by Wellington Street and Murray Street to the North, William Street to the West, Hay Street to the South and Barrack Street to the East. 2.5. The presence of natural or human made boundaries that effectively separate the subject premises from community; 2.5.1. As mentioned above, the proposed Piccadilly will be located within the $13m Piccadilly Arcade redevelopment. The walls of the building themselves and the shopping centre will successfully separate the subject premises from the surrounding community and provide a very effective acoustic barrier. 2.6. The community most likely to be impacted by the grant of this application; 2.6.1. The proposed Piccadilly is located in a busy retail/commercial precinct. There are no immediate residential neighbours, and therefore is highly unlikely to have any negative impact on the local community. 2.7. For the purpose of this public interest assessment, it is also important to consider the appropriate locality definition for the demographic study and the outlet density study. 2.8. Demographic Study; 2.8.1. In defining the “locality” affected by the application guidance has been provided by “Specification of Locality – A Policy of the Director of Liquor Licensing”. 2.8.2. The policy states that locality definition for ‘any suburb located within 15kms of the Perth CBD’ is stated as a 2km radius of the subject premises. The subject premises is located in the heart of Perth CBD. Therefore, the 2kms radius applies in this application. 2.8.3. The following map, as taken from the Google Maps website roughly shows the area encompassed by the 2km radius from the proposed licensed facility, by use of a blue circle.

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The Piccadilly │Public Interest Assessment

The subject premises

2.9. In terms of the relevant locality for the demographic study, the applicant will use the Perth Local Government Area as being representative of the locality for the purpose of the demographic study in these submissions. 2.10. Outlet Density Study 2.10.1. The Director’s policy on Public Interest Assessments states; 2.10.1.1. “Applicants will also need to provide: outlet density information that includes: 2.10.1.1.1. If the applicant does not intend to sell packaged liquor, the location of all existing licensed premises within 500 metres”. 2.10.2. As this proposal does not intend to sell packaged liquor, the applicant will consider all licensed premises within the 500m radius of the subject premises.

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The Piccadilly │Public Interest Assessment

3. Demographics of the Locality 3.1. The potential impact of this application on the community within the specified locality is something that any applicant must consider and is considered here by this applicant. 3.2. In “The Western Australian Alcohol and Drug Interagency Strategy 2018- 2022” the priority groups of concern are as follows; 3.2.1. Aboriginal people and communities. 3.2.2. Children and young people. 3.2.3. People with co-occurring problems 3.2.4. People in rural and remote areas including fly-in, fly-out and drive-in, drive-out workers; 3.2.5. Families, including alcohol and other drug using parents and significant others; 3.2.6. Those interacting with the justice and corrections systems. 3.3. Other target groups of concern include: 3.3.1. Older adults: 3.3.2. Culturally and linguistically diverse communities, people identifying as lesbian, gay, bisexual, transgender or intersex; and 3.3.3. Homeless people. 3.4. The applicant will consider all nine groups above for which data is readily available. The following groups were unable to be considered however, as data is not available for them; 3.4.1. people with co-occurring problems; 3.4.2. Families, including alcohol and other drug using parents and significant others (see paragraphs 3.7 & 3.8 below); 3.4.3. Those interacting with the justice and corrections systems; 3.4.4. Older adults; 3.4.5. Culturally and linguistically diverse communities, people identifying as lesbian, gay, bisexual, transgender or intersex; and 3.4.6. Homeless people. 3.5. Clarification has previously been sought from the Drug and Alcohol Office regarding the definition of the term “family” as used in the Western Australia Drug and Alcohol Strategy 2011 -2015 document. 3.6. The Drug and Alcohol office have defined the term “family” as used in this report as follows, “a specific definition of family is not provided in the Strategy document. There are a number of reasons for this, including: 3.6.1. Recognition of the cultural diversity in Western Australia and that the definition of family can be different for different cultures.

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The Piccadilly │Public Interest Assessment 3.6.2. Recognition that the impact of an individual’s drug and alcohol use is not always confined to a household or what has in the past been defined as the ‘immediate family’ – it can impact more broadly on family members who are external to a household. For example Grandparents, Aunts and Uncles are commonly reported to be impacted upon. 3.6.3. Recognition that not all families are biologically related but can still be impacted on by an persons drug or alcohol use – for example step children/guardians.” 3.7. With such a broad definition, it is impossible for the applicant to identify or quantify this priority population group in the locality. 3.8. For the purpose of this demographic study, the applicant has selected relevant Census topics from the Australian Bureau of Statistics (ABS) website (www.abs.gov.au) to provide an indication of the prevalence of each of the priority population groups within the locality. 3.9. As mentioned in paragraph 2.9 above, for the purposes of the demographic study, the applicant will be considering the 2016 census data relating to the Perth Local Government Area, as representative of the locality in this section. 3.10. The applicant has compared selected topics from the ABS Census data 2016 for the Perth Local Government Area with the same information for the State (Western Australia).

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The Piccadilly │Public Interest Assessment 3.11. The selected ABS 2016 Census data is shown in the table below. ABS Census Data 2016 Perth LGA WA Total Persons 21,797 2,474,410 Aboriginal and Torres Strait Islander People 0.8% 3.1% Age Persons aged 15 to 19 4.1% 6.1% Median age 32 36 Age 9.0% Persons aged between 65 and 84 12.3% Age Persons aged over 85 0.7% 1.7% Family Composition Couple family without children 70.0% 38.5% Country of birth Australia 29.8% 60.3% Language English only spoken at home 46.9% 75.2% Occupation Professionals and Managers 50.6% 32.5% Median weekly incomes Family $2,291 $1,910 Family employment Both employed, worked full-time 28.5% 19.8% Both employed, worked part time 5.0% 4.1% Both not working 12.1% 17.4% Dwelling Structure Flat or apartment 92.5% 5.7% Number of Bedrooms Average number of people per 1.9 2.6 household Household More than $3,000 gross weekly income 25.2% 19.2% Households where rent payments are less than 30% of household income 77.6% 90.3% Households with rent payments greater than or equal to 30% of household 22.4% 9.7% income Households where mortgage payments are less than 30% of household income 95.1% 91.4% Dwellings – number of motor vehicle None 20.3% 4.9% 3.12. The purpose of considering the demographic data for the locality is to establish whether the priority population groups identified in paragraph 3.5 above are over or under represented in the locality. 3.13. Aboriginal people and communities;

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The Piccadilly │Public Interest Assessment 3.13.1. The table above indicates that in 2016 the percentage of aboriginal people in the Perth LGA was very low at 0.8%, when compared with the WA figure which was more than three times higher at 3.1%. 3.14. Children and young people; 3.14.1. The average figure for persons between 15 and 19 years in the locality was lower at 4.1%, compared to the WA figure at 6.1%. 3.14.2. The median age in the locality was 32 which is much lower than the WA figure of 36. 3.14.3. The figure for couple family without children in the locality was almost double the figure for the Western Australia. 3.15. Older people; 3.15.1. In 2016, the average figure for the population aged between 65 and 85 was lower at 9.2% when compared to the WA figure at 12.3%. 3.15.2. Similarly, the average figure for people aged over 85 was slightly lower at 1.5% than the WA figure at 1.7%. 3.15.3. Conclusion – This priority group is under represented in the locality. 3.16. People from regional, rural and remote communities; 3.16.1. The locality is not in a regional, rural or remote area. 3.17. Migrants groups from non-English speaking countries; 3.17.1. The figures for persons born in Australia and ‘English only spoken at home’ are much lower than the WA figure. 3.17.2. This priority group is overrepresented in the Perth LGA. However, this is not uncommon in localities close to major cities and close to transport hubs. 3.18. People in low socio-economic areas; 3.18.1. The percentage of professionals and managers in the locality was much higher at 50.6%, compared to the WA figure of 32.5%, as a result median weekly family income was much higher at $2,291, compared to the WA figure at $1,910. 3.18.2. There were more couples than average where both members of the couple worked full time, more where they both worked part time, and fewer where neither worked. 3.18.3. For 95.1% of households in the locality, mortgage repayments were less than 30% of household income, whereas the WA figure was 91.4%, showing the locality has low figures for mortgage stress. 3.18.4. Conclusion – Overall the economic environment in the locality is strong, incomes are high, and there is a lower level of mortgage stress. 3.19. Communities that experience high tourist numbers; 3.19.1. Perth LGA, specifically Perth city is one of the most visited areas in Western Australia as it offers popular tourist attractions, including:

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The Piccadilly │Public Interest Assessment 3.19.1.1. Art Gallery of Western Australia, which houses a collection of both intentional and Australian art from 1829 to the present day; 3.19.1.2. The Bell Tower in Barrack Square which is one of the world’s largest musical instruments; 3.19.1.3. Elizabeth Quay, a new riverfront precinct with restaurants, shops, cafes and entertainment venues; 3.19.1.4. Museums, including Museum of Performing Arts which houses more than 30,000 catalogued items of theatre collected by theatre’s historian; 3.19.1.5. State Library of Western Australia, which is home to important heritage archives and a number of exhibition spaces; 3.19.1.6. St Georges Terrace, which is the main street in the City of Perth. The iconic street is lined with heritage buildings, skyscrapers, food and dining options, shops, arts and entertainment; 3.19.1.7. Kings Park and Botanic Garden, which is the most popular visitor destination in WA with unique bushland and parkland areas; 3.19.1.8. Stirling Gardens, the oldest gardens in the city; 3.19.1.9. Cruises from Barrack Jetty; 3.19.2. Further, all buses in Perth CBD are free with CAT services which are very popular for tourists and visitors. 3.20. It is noteworthy that the locality seems to be populated by young couples who are paying a mortgage comfortably or are paying higher than average rent. They do this without stress as they do not have the extra expenses of children, and many of them choose not to own a motor vehicle. The following data supports this conclusion; 3.20.1. There were almost twice as many “couple families without children” in the locality (70%), as for WA as a whole. 3.20.2. Four times as many households did not own a car, compared to the State figure. 3.20.3. In WA less than 6% of people live in an apartment, in the locality that figure is 92.5%. 3.20.4. The median age figure is very low, as previously discussed. 3.20.5. Income figures are high, with one in four households earning over $3,000 per week gross. 3.20.6. At first glance the figures for rent stress appear high with 22% of households having rent which equates to 30% or more of their household income. However, when this is put into the context of not having children, and of not having the expense of running a car it can be seen as a lifestyle choice, and the conclusion is reached

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The Piccadilly │Public Interest Assessment that although the amount of income given over to rent is higher than average it is not causing any stress. 3.21. Instead the conclusion is the locality has a large portion of young professionals with higher than average disposable income, people who, along with tourists, would encapsulate the target market for these proposed licensed premises. 3.22. Overall conclusion – This locality has a very high figure for “couple family without children”. The applicant argues that families without children are likely to have higher disposable incomes and are more likely to shift their spending priorities to luxury items and lifestyle choices. They are one of the key target markets of the proposed Piccadilly.

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The Piccadilly │Public Interest Assessment

4. Outlet Density Information 4.1. The Piccadilly will be located on 700-704 Hay Street Mall, Perth. 4.2. As previously stated in paragraph 2.10.2 above, if the applicant does not intend to sell packaged liquor, it is required to consider all existing licensed premises within 500 metres. 4.3. In November 2018, the applicant identified the following suburbs which fall in whole or in part within 500 metres. 4.3.1. Perth, and 4.3.2. Northbridge. 4.4. Then, in December 2019, the applicant searched the website of the Department of Local Government, Sport and Cultural Industries, for all licensed premises within those suburbs. Attachment PIC1 shows a list of all the existing licensed premises. 4.5. The applicant eliminated any premises which may not trade in a manner similar to a special facility licence (reception or function centre and theatre or cinema). 4.6. In November 2018, the applicant also contacted the Department of Local Government, Sports and Cultural Industries, requesting a list of all licensed premises which operate under a special facility licence (reception or function centre and theatre or cinema) in the 6000-post code. 4.7. As a result, below is a list of the licensed premises as provided by a licensing officer;

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The Piccadilly │Public Interest Assessment

Licence Type Premises Premises name Address LIQ- Special Facility Licence- Reception Centre The Perth Mint 310 HAY STREET PERTH WA 6000 LIQ- Special Facility Licence- Reception WA Italian Club Centre Inc 217-219 Fitzgerald Street PERTH WA 6000 LIQ- Special Facility Licence- Reception Adina Apartment Centre Hotel Perth 33 Mounts Bay Road PERTH WA 6000 LIQ- Special Facility Licence- Reception Upper Floor Eastern Pavilion Centre Bells Functions Barrack Street Jetty PERTH WA 6000 LIQ- Special Facility Licence- Reception Cliftons Training Ground Floor & 4th Floor, Centre Rooms Parmelia House 191 St Georges Terrace PERTH WA 6000 LIQ- Special Facility Licence- Theatre Perth Concert Hall 5 St Georges Terrace PERTH WA 6000 LIQ- Special Facility His Majesty's Licence- Theatre Theatre 825 Hay Street PERTH WA 6000 LIQ- Special Facility Palace Cinemas Licence- Theatre Raine Square 300 Murray Street PERTH WA 6000 4.8. Subsequently, the applicant eliminated any premises from that table which fall outside the 500 metres, and this resulted in the following premises; Licence Licence Type Premises Premises Reference name Address LIQ- Special Adina Apartment 33 Mounts Bay Road Facility Licence- Hotel Perth PERTH WA 6000 6090103219 Reception Centre Cliftons Training Ground Floor & 4th Rooms Floor, Parmelia 609209605217 LIQ- Special House 191 St Facility Licence- Georges Terrace Reception Centre PERTH WA 6000 609211369418 LIQ- Special Palace Cinemas 300 Murray Street Facility Licence- Raine Square PERTH WA 6000 Theatre 6090033688 LIQ- Special His Majesty's 825 Hay Street Facility Licence- Theatre PERTH WA 6000 Theatre and Tavern licence

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The Piccadilly │Public Interest Assessment 4.9. The Adina Apartment Hotel is an accommodation property and it and the Clifton Training Rooms do not have a theatre associated with them. 4.10. Palace Cinemas is very different to the proposed premises as it is a specialty in-cinema dining venue. 4.11. The only licensed premises which may trade in a similar manner to the Piccadilly is ‘His Majesty’s Theatre’, as it is used for theatrical performances and functions. However, on 14th January 2019, a licensing officer confirmed with Canford as follows; 4.11.1. “His Majesty’s theatre- the ground floor area known as Barre Lounge Café appears to allow for consumption by the public”. 4.12. The following trading condition is found on the special facility licence for ‘His Majesty’s Theatre’; 4.12.1. “Ground Floor Area (Barre Restaurant) Liquor consumption only on the premises may be sold between the hours of 10 a.m. and 12 midnight Monday to Saturday and between 10a.m and 10 p.m. on Sundays”. 4.13. His Majesty’s Theatre has a second liquor licence operating in a basement area known as “Downstairs at the Maj”. 4.14. Piccadilly’s intended manner of trade is different in the following ways; 4.14.1. The applicant will not serve liquor to members of the public off the street. Only people with tickets for a performance, or people attending a function or event at The Piccadilly will be able to obtain an alcoholic drink at these proposed licensed premises. 4.14.2. Also, the Piccadilly will offer a modern, and elegant facility catering to the following; 4.14.2.1. Comedy acts, 4.14.2.2. Theatrical performances and Ballet; 4.14.2.3. Live music and/or Music concerts; 4.14.2.4. Family shows; 4.14.2.5. Public speakers and conferences; 4.14.2.6. Industry trade shows; 4.14.2.7. Corporate functions; and 4.14.2.8. High-end catered dinner experiences in a unique & beautiful historical setting.

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The Piccadilly │Public Interest Assessment 5. History of the site 5.1. Below is an extract of the history of the site, as per the ‘Piccadilly Theatre and Arcade’ Wikipedia website (https://en.wikipedia.org/wiki/Piccadilly_Theatre_and_Arcade); 5.1.1. “The Piccadilly Theatre was one of a number of theatres and cinemas constructed in Perth and its suburbs during the Inter-war period. Originally constructed in the Inter-war Functionalist style, the Piccadilly represented the desire for enjoyment and entertainment displayed by Western Australians towards the end of the Depression.

PHOTO: Children crowd around to see coming attractions at the Piccadilly Cinema in 1967. Supplied by STATE LIBRARY OF WESTERN AUSTRALIA. 5.1.2. “The site was acquired by Claude Albo de Bernales's Australian Machinery and Investment Company Ltd in 1935. Bernales after completing the construction of London Court in July 1937 turned his attention to his property between Hay and Murray Streets. He set up Piccadilly Arcade Pty Ltd and engaged architects Alfred Baxter Cox and Leighton to design a theatre and shopping arcade for the site”. 5.1.3. “Piccadilly Arcade opened in February 1938, with the theatre opening, a month later, on 10 March 1938. When it opened the theatre had a seating capacity of 1,100”. 5.1.4. “On 23 March 2010, a thunder storm with conditions not seen in almost fifty years damaged the cinema, forcing its temporary closure. The cinema re-opened after repair works were completed on 1 April 2010”. 5.1.5. “The cinema re-opened in 2014 as the Noodle Palace venue as part of the 2014 Fringe World Festival. The last projected film to be screened to an audience at the cinema is from the closing night performance (23 February 2014) of When God Met Satan”.

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The Piccadilly │Public Interest Assessment 5.2. The Piccadilly Theatre and Arcade was included on the City of Perth's Municipal Inventory on 13th March 2001, and it is permanently listed on the State Register of Heritage Places on 20th December 2002 by the Heritage Council of Western Australia.

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The Piccadilly │Public Interest Assessment 6. Proposed Style of Operation 6.1. The applicant wishes to licence all levels of the proposed Piccadilly, which will have a capacity of 1,100 patrons. 6.2. The Piccadilly will be a sophisticated theatre like; 6.2.1. Perth Concert Hall; 6.2.2. His Majesty’s; and 6.2.3. The Regal. 6.3. The venue will be used for a variety of purposes including; 6.3.1. Musical Theatre; 6.3.2. Comedy Acts; 6.3.3. Music concerts; 6.3.4. Kid’s Shows / Matinees; 6.3.5. Classical Theatre; 6.3.6. Ballet; and 6.3.7. Perth International Arts Festival. 6.4. The applicant intends to partner with local accommodation hotels to cross- market hotel rooms and concert tickets. 6.5. There will be two bars in the Piccadilly; 6.5.1. 1downstairs; and 6.5.2. 1 upstairs. 6.6. The intention of this application is to allow the service of alcoholic drinks to persons attending or participating in shows and events, as required (some events and shows will not require alcohol service), such as; 6.6.1. A performance, 6.6.2. A live concert or event, 6.6.3. A reception or function, 6.6.4. A rehearsal for a performance, and/or 6.6.5. A workshop at the theatre. 6.7. The Piccadilly intends to operate Monday to Sunday from 6am to 1am. Typically the bars will open 2 hours before an event or show and close one hour after the event or show ends. This will assist in achieving an orderly and more gradual dispersal of patrons at the end of each event or show. 6.8. The applicant will have crowd controllers and ushers in appropriate numbers, commensurate with the type of event or show taking place that day, to assist with patron dispersal. (See paragraph 6.13 below) 6.9. In addition to the above, the applicant proposes to trade as follows; 6.9.1. There will be no “in seat” alcohol service. 6.9.2. Food will be available during all operational hours, with orders for meals accepted up to one hour before closing. Canford Hospitality Consultants Pty Ltd | Proposed Style of Operation Page 21 of 56

The Piccadilly │Public Interest Assessment 6.9.3. The applicant will not serve liquor to members of the public off the street. Only people are attending or participating in; 6.9.3.1. A performance, 6.9.3.2. A live concert or event, 6.9.3.3. A reception or function, 6.9.3.4. A rehearsal for a performance, 6.9.3.5. A workshop at the theatre; and 6.9.3.6. If attending a performance or concert they must be the holder of a valid ticket for that performance on that day. 6.10. Food and Beverage; 6.10.1. The menu will seek to create an eating experience that theatre goers have not received in WA in the past. The applicant is looking to give them the quality of food that matches the type of show they are attending. The menu will focus on using some of the best ingredients sourced locally and from overseas to offer Piccadilly guests a great eating experience. A copy of the menu is attached to these submissions (Attachment PIC2). 6.10.2. The beer and wine experience will have a strong influence on both local and international brands, predominantly craft beers will be offered to cater to the right audience visiting the venue. Mid strength beers will be also offered. A copy of the beverage list is attached to these submissions (Attachment PIC3). 6.10.3. A range of non-alcoholic drinks will be available catering to all patron choices and people under 18 years old. 6.11. Theatre surroundings 6.11.1. The applicant is seeking to work with the original heritage listed style of the venue. The Piccadilly is a beautiful theatre that is being restored to its former glory. 6.11.2. This will provide a beautiful theatre space for customers to experience performances in, both driving local and international tourism to Perth CBD. 6.12. Unaccompanied juveniles; 6.12.1. Pursuant to section 120(1)(e) of the Act, the applicant wishes that unaccompanied juveniles are permitted to enter and remain on the licensed premises if they are attending or participating in; 6.12.1.1. A performance, 6.12.1.2. A live concert or event, 6.12.1.3. A reception or function, 6.12.1.4. A rehearsal for a performance, 6.12.1.5. A workshop at the theatre; and 6.12.1.6. If attending a performance or concert they must be the holder of a valid ticket for that performance on that day.

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The Piccadilly │Public Interest Assessment 6.12.2. Staff will be stationed inside the theatre to check and monitor unaccompanied juveniles. 6.12.3. Should unaccompanied juveniles try to purchase alcohol it would be prevented at the point of purchase. This is achieved through: 6.12.3.1. Continuous and comprehensive staff training and development; and 6.12.3.2. Strict patron proof of age check. 6.13. Crowd controllers; 6.13.1. According to the ‘Safety and Security at licensed premises’ policy document, the Crowd controllers requirements are as follows; 6.13.1.1. “Permanent licences that trade beyond 1am Crowd controllers licensed under the Securities and Related Activities (Control) Act 1996, are to be employed. As a general rule, a ratio of two (2) crowd controllers for the first 100 patrons and one crowd controller for each additional 100 patrons or part there of will be applied. However, this may vary depending upon the nature of the licensed premises; the entertainment being provided; the hours of trade; the event; and the target patronage of the premises” (emphasis added). 6.13.2. The following paragraphs discuss in some detail the nature of the licensed premises, the type and style of entertainment proposed, and a description of the nature of the anticipated clientele. 6.13.3. Concerts and events will be classified as Categories ‘A’, ‘B’ or ‘C’. 6.13.3.1. Category A will include; 6.13.3.1.1. Family Shows; 6.13.3.1.2. Seated Ballet; 6.13.3.1.3. Seated Theatre Shows; and 6.13.3.1.4. Public Speakers. 6.13.3.2. Category B; 6.13.3.2.1. Seated Live Music; and 6.13.3.2.2. Seated Comedy. 6.13.3.3. Category C; 6.13.3.3.1. Standing Live Music Shows 6.13.3.3.2. The applicant notes that any standing live music shows, where there are unaccompanied juveniles in attendance, there will a designated area of the venue which would be an alcohol-free area, managed by approved managers or crowd controllers.

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The Piccadilly │Public Interest Assessment

6.13.4. Category ‘A’ events; 6.13.4.1. Will have 2 crowd controllers (1 crowd controller and 1 approved manager); 6.13.5. Category ‘B’ events; 6.13.5.1. Events with less than 500 patrons, will have 3 crowd controllers (1 crowd controller and 2 approved managers); 6.13.5.2. Events with 500 to 1100 patrons, will have 4 crowd controllers (2 crowd controllers and 2 approved managers). 6.13.6. Category ‘C' events; 6.13.6.1. Events with less than 500 patrons, will have 4 crowd controllers (2 crowd controllers and 2 approved managers); 6.13.6.2. Events with 500 to 1100 patrons, will have 6 crowd controllers (3 crowd controllers and 3 approved managers). 6.13.7. The target patronage of the premises; 6.13.7.1. The applicant is targeting the following type of clientele; 6.13.7.1.1. Comedy and Contemporary Music; 6.13.7.1.1.1. The demographic for these styles of show is quite large with people aged 13 to 65; 6.13.7.1.1.2. Most of these shows will be aimed at over 18 with the likes of Paul Kelly, Boy and Bear; 6.13.7.1.1.3. The applicant will be accommodating all ages gigs from e.g. Gang of Youths; 6.13.7.1.1.4. It will provide an environment that can accommodate a diverse clientele in terms of age in a world class space. 6.13.7.1.2. Theatre, Opera, Ballet and Musicals; 6.13.7.1.2.1. The demographic is also quite broad in terms of age, as it will cater for people aged 18 to 70; 6.13.7.1.2.2. Their emphasis is to attract a clientele that usually enjoys these types of performances; 6.13.7.1.2.3. The applicant proposes a premium venue with world class food and beverage which has not been seen yet in WA. 6.13.7.1.2.4. Attached to these submissions is a copy of the ‘Events program’ as

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The Piccadilly │Public Interest Assessment provided by the applicant (Attachment PIC4). 6.13.7.1.2.5. Some examples of these shows can be as follows; 6.13.7.1.2.6. PIAF performances, 6.13.7.1.2.7. performances from WAAPA; 6.13.7.1.2.8. other local theatre performances, and 6.13.7.1.2.9. classic ballet performances (such as The Nutcracker). 6.13.7.1.3. Families & Children 6.13.7.1.3.1. The Piccadilly used to provide a great venue for families and children to visit and see live performances. Through this proposal, The Piccadilly seeks to create a space that will once again welcome families and children (for suitable events). 6.13.7.1.3.2. Food menus will be tailored according to the show; 6.13.7.1.3.3. Shows will be scheduled according to up-to-date and popular acts and old family theatre favourites. E.g. The Wiggles, Mary Poppins, and The Wind in the Willows. 6.13.7.1.4. Professional and Motivational Speakers 6.13.7.1.4.1. The Piccadilly will provide a space to accommodate professional and motivational speakers. 6.13.7.1.4.2. Currently a lot of speakers are traveling outside of Perth CBD to host their speaking engagements. 6.13.7.1.4.3. The Piccadilly’s auditorium will offer a suitable option close to work places in Perth CBD, that is currently not available. 6.13.7.1.5. Corporate; 6.13.7.1.6. The applicant’s intention is to provide with a number of function rooms in Perth CBD that can cater about 150 to 350 people.

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The Piccadilly │Public Interest Assessment 6.13.7.1.7. Currently, there is no such venue which can cater for the above number of people, and the Piccadilly will fill that gap in the market. 6.13.7.1.8. High Class Functions and Weddings; 6.13.7.1.9. The applicant is also seeking to work with popular wedding ceremony venues around Perth CBD to provide a local and central reception centre venue for weddings. 6.14. It can be concluded that the applicant’s intention is to work with high class companies from all fields to provide a suitable and modern venue to host any type of events, such as corporate meetings, trade shows or networking events. The Piccadilly will be able to be styled and fitted out for each occasion. 6.15. The intention is also to keep in contact with its patrons by the use of social media, print, radio, websites and an app that will be specifically designed for The Piccadilly. 6.16. Witnesses to the survey provided the following reactions to the style of premises proposed, and the quality of the food and beverage proposed. 6.16.1. Kelly Steele of Bassendean said, “Exactly what city needs. Both for artistic and commercial purposes”; 6.16.2. Jason Day of Perth said, “I think it is perfect. It brings the culture that Perth is missing whilst having also kept an important piece of Perth history and made it relative while also sticking true”. 6.16.3. Trudy Stacey of Mount Lawley said, “I support the breadth and style of events and operations that the venue wishes to hold. By ensuring that the venue can canter to all stakeholders will help ensure its success and embed its offering to the community”; 6.16.4. Jonny Nease of Perth said, “I think it will work extremely well in it's location. Perth needs this style of operation in the CBD”; 6.16.5. Sam Lemmon of Floreat said, “Exceptionally positive. All levels of Government should be doing what they can to facilitate private investment to rejuvenate the city”; 6.16.6. Liam Doyle, a regular visitor to the Perth CBD said, “I plan to visit the Piccadilly whenever I'm in the city. I believe that all evenings at the theatre are best accompanied by a civilized glass of wine or a beer. Every theatre venue I have visited across the world provides this as well, so it would be difficult to explain to visitors why it's not available”; 6.16.7. Samuel Birmingham of Doubleview said, “Absolutely. Premium beer would be my preferred option. The craft brewing movement is booming at the moment, venues in the CBD to showcase those local products along with unique local, national and international artists would be super”.

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The Piccadilly │Public Interest Assessment 6.16.8. Georgia Moore of Leederville said, “Yes I would visit. Overall Venues like this should be diversifying their beverage offering in the non- alcoholic beverage space. It’s good to have options outside sparkling water and soft drink. The alcoholic beverages should focus on local artisan producers and WA vineyards to showcase the state”.

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The Piccadilly │Public Interest Assessment

7. Background & Experience of the Applicant 7.1. Brad Mellen and Michael Lloyd are the directors of the applicant company. 7.2. Attached to these submissions are some professional background notes for Brad Mellen’s resume (Attachment PIC5). Below is some of his background information; 7.2.1. Brad Mellen's history in sporting event management, entertainment promotion combined with his comprehensive knowledge of Australian and International Markets forms the base of Mellen Events. 7.2.2. His experience ranges from; 7.2.2.1. Event management of the World Swimming and Olympic Qualifying Water Polo Championships at the Perth Superdome; 7.2.2.2. As Senior Executive role at IFC (International Facilities Corporation); 7.2.2.3. Being responsible of the management of the 6,000 seat Newcastle Entertainment Centre, and 7.2.2.4. As CEO of the Newcastle Knights and Perth Western Reds National Rugby League Teams. 7.3. Attached to these submissions are some professional background notes for Michael Lloyd’s resume (Attachment PIC6). Below is some of his background information; 7.3.1. Michael has over 13 years of experience in the Perth entertainment business, and it has operational experience in; 7.3.1.1. Running events like the Cuban Club Festival, Kids Festival and Live at the Quarry concert series; 7.3.1.2. Corporate sponsorship; 7.3.1.3. Event budgeting; 7.3.1.4. Managing Human Resources for Mellen Events, and 7.3.1.5. He has directed more than 150 sporting events. 7.3.2. Michael has completed the required following courses; 7.3.2.1. “Provide Responsible Service of Alcohol” (SITHFAB002), and 7.3.2.2. “Manage Legislative Responsibilities for the Sale, Supply and Service of Liquor” (MLPLCA401A). 7.4. According to the Mellen Events’ website (https://www.mellenevents.com.au/); 7.4.1. “MELLEN EVENTS specialise in the design, development, management and promotion of large scale and boutique public events and its team, combined, has a wealth of experience in the entertainment, tourism, sports and events industry.

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The Piccadilly │Public Interest Assessment 7.4.2. Mellen Events have entertained audiences of all ages with festivals, events & concerts which include A Day/Evening on the Green, Kaleidoscope Festival, Summadayze, Future Music Festival, Escape to the Park and Live At The Quarry. Mellen feature artists such as Sting, Paul Simon, Leonard Cohen, Massive Attack, The Chemical Brothers, Lorde, Alicia Keys, Tom Jones, Chris Isaak, Diana Krall, Blondie, The Pretenders, Jackson Browne, Jack Johnson, Bernard Fanning, Avicii, The Prodigy, George Benson, Elvis Costello, Chris Isaak, John Mellencamp, The Cat Empire, Fleetwood Mac, INXS, Tom Jones, Simply Red, Paul Kelly and Neil Finn to name a few. 7.4.3. Wonderful community based events are a constant on our event calendar with projects such as the Western Australian visit of ‘His Holiness the Dalai Lama’, Argyle Diamonds Ord Valley Muster, featuring the award winning Kimberley Moon Experience, as well as the Freeway Bike Hike for Asthma Foundation WA, the WA Country Cups initiatives Cable Sounds (Broome), Red Dirt (Kalgoorlie) and Bayside Beats (Bunbury). 7.5. The Piccadilly will be managed by Andrew McIntyre who will be assisted by a very experienced management team. 7.6. Andrew will be the General Manager and attached to these submissions is a copy of his resume (Attachment PIC7). Below is some of his background information; 7.6.1. Andrew has 14 years’ experience within WA hospitality business. He currently works as the Reserve Brand Ambassador for ‘Diageo’ and also as the General Manager for ‘Five Bar’, in Mount Lawley. 7.6.2. He has a bachelor’s degree in business and a double Major in Hospitality Management and Human Resources Management. 7.6.3. Featuring regularly in many national publications such as ‘Bartender Magazine’ and ‘Bars & Clubs Magazines’, he is seen by Perth hospitality staff as an inspiration and mentor. 7.6.4. For a number of years, he has consistently achieved a top 10 place in the national ‘Bartender Magazine Awards’ as Bartender of the Year. 7.6.5. Andrew has also been positioned in the national finalists of the Australian Liquor Industry Awards (ALIA), as ‘Bar Manager of the Year Award’ and he has recently won the “AHA- Best Small Bar Award” for Five Bar. 7.7. Under Andrew there will be the following positions to be filled, at the appropriate time, with experienced professionals personally selected by Andrew; 7.7.1. Venue Manager; 7.7.1.1. In charge of the day to day operations of the venue, focussed mainly on the back of house and front of house management. This person will be an Unrestricted Approved Manager. 7.7.2. Production Manager;

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The Piccadilly │Public Interest Assessment 7.7.2.1. Will be responsible for all matters related to performances, such as sound, lighting and any other technical aspects. 7.7.3. Bar Manager; 7.7.3.1. Will work with the Food & Beverage Consultant to manage ordering, stocktakes, beverage program management, kitchen stock management and ensure venue complies and it is up to date with any documentation related to the F&B documentation. This person will be an Unrestricted Approved Manager. 7.7.4. F&B Consultant; 7.7.4.1. Will oversee all Food and Beverage services for The Piccadilly, such as Food Menu design, F&B staff management and will provide guidance on F&B compliance. This person will be an Unrestricted Approved Manager. 7.7.5. Usher and Supervisors 7.7.5.1. Ushers and Supervisors will be on the licensed premises to ensure patrons have a quality experience at the whole venue. They will be split and designated to different departments. This person will be an Unrestricted Approved Manager. 7.7.6. Casual Staff – Kitchen and Bar 7.7.6.1. Casual bar and kitchen attendants will be hired to provide food and beverage services to customers. This staff will be required to complete the following course: “Provide Responsible Service of Alcohol” (SITHFAB002).

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The Piccadilly │Public Interest Assessment

8. Risk Assessment with respect to Harm or Ill-health 8.1. Section 38(4)(a) of the Liquor Control Act (1988) asks the applicant to consider “the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor”. 8.2. The applicant advises that the following factors have been considered; 8.2.1. The Piccadilly will be a large venue that will cater up to 1,100 patrons; 8.2.2. It will host music concerts (along with other lower key lower risk performances and events); and 8.2.3. A large number of people may leave the venue together late at night. 8.3. These factors might be seen to raise the potential for harm in the immediate vicinity of the subject premises, however they must be viewed in light of the following mitigating circumstances and trading conditions; 8.3.1. The Piccadilly is performance and function based only; 8.3.2. The applicant will not serve liquor to members of the public off the street. Only people are attending or participating in; 8.3.2.1. A performance, 8.3.2.2. A live concert or event (If attending a performance or concert they must be the holder of a valid ticket for that performance on that day), 8.3.2.3. A reception or function, 8.3.2.4. A rehearsal for a performance, 8.3.2.5. A workshop at the theatre; and 8.3.3. Staff will be stationed inside the theatre to check and monitor unaccompanied juveniles when underage concerts are held; 8.3.4. There will be no “in seat” alcohol service in the theatre; 8.3.5. The main attraction of the proposed licensed venue is the performance/event/function and not alcohol, therefore the anticipated volume of liquor to be supplied will be a relatively small. 8.3.6. The area where the liquor will be sold and supplied will be a controlled one, and easily monitored. 8.3.7. Food will be available during all operational hours, with orders for meals accepted up to one hour before closing; 8.3.8. The directors and representative of the applicant company are respected and very experienced operators of events in WA and Australia; 8.3.9. The applicant has advised that Closed Circuit TV (CCTV) will be installed at licensed premises, images will be retained for twenty- eight days in accordance with the Director’s policy; and 8.3.10. Strong harm minimisation strategies will be in place.

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The Piccadilly │Public Interest Assessment 8.4. In respect of dispersal of patrons late at night, the applicant advises the following strategies will be employed. These strategies will adjust to suit the type of event or show taking place that day. Quite obviously the security requirements for the ballet would be different to the requirements for a standing live concert. 8.4.1. Crowd controllers and usher will be used to assist with the dispersal of patrons post and event or show. 8.4.2. The theatre’s bars will remain open for one hour after each show, to encourage a more gradual dispersal of patrons. 8.4.3. There are many transport options for patrons, including; 8.4.3.1. two nearby taxi ranks. Below is a map that reflect this, as provided by the applicant. 8.4.3.2. Ample car parking options. 8.4.3.3. The train station is 100m away. 8.4.3.4. Many patrons will choose to book rides with Ola, Didi or Uber.

8.5. Below is an extract of the applicant’s ‘Event program’ which demonstrates the type of shows to be held at The Piccadilly.

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The Piccadilly │Public Interest Assessment

8.6. The applicant has also advised that street lighting is ample and obvious (as pictured below) as Hay Street Mall is one of the key malls in the Perth CBD area.

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The Piccadilly │Public Interest Assessment

8.7. Recent Government data shows Australians are drinking less than they used to. According to the Federal Government’s Snapshot entitled Australia’s Health 2018; 8.7.1. “most Australians drink alcohol at levels that cause few harmful effects”. (Page 204) 8.7.2. “As well, fewer Australians are drinking at levels that contribute to alcohol-related harm over a lifetime. However, about 26% of people drink more than is recommended on a single occasion, and they do this at least once each month. Younger people show more promising trends when it comes to alcohol—fewer people aged 12–17 are drinking and a greater proportion are abstaining from drinking altogether.” (Page 165, emphasis added) 8.7.3. “The NDSHS data reveal several changes in drinking patterns compared with those for 2013, including that: 8.7.3.1. people are drinking less often—daily and weekly drinking rates have declined 8.7.3.2. fewer young people aged 12–17 are drinking alcohol and the proportion abstaining from alcohol has increased

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The Piccadilly │Public Interest Assessment 8.7.3.3. people aged 14–24 are delaying starting to drink—the average age at which they first tried alcohol has increased 8.7.3.4. fewer people are exceeding the lifetime risk guideline (Table 4.6.1).” (Page 204)

8.8. The Snapshot, in a section titled “Alcohol-related incidents and harm” also states; 8.8.1. “Excessive consumption of alcohol increases the risk of people putting themselves and others at risk of harm (AIHW 2017). The NDSHS showed that, in 2016 almost 1 in 6 (17%) recent drinkers aged 14 and over put themselves or others at risk of harm while under the influence of alcohol in the previous 12 months—significantly down from 21% in 2013. In 2016, the most likely risky activity undertaken while under the influence of alcohol was driving a motor vehicle (9.9% of recent drinkers). Overall, more than 1 in 5 (22%) Australians had been a victim of an alcohol-related incident in 2016—down from 26% in 2013. Between 2013 and 2016, verbal abuse (22% and 19%, respectively), being put in fear (13% and 11%) and physical abuse (8.7% and 7.3%) all declined.” (Page 206, emphasis added) 8.9. The applicant sought to investigate the incidence of alcohol related offences within the locality as recorded by the WA police. However, no statistics were available on the WA Police website in relation to alcohol related crime for the locality. 8.10. The Liquor Enforcement Unit, via Sargent Trevor Atkins was contacted by the applicant, as part of the Public Interest Assessment process. On 20th November 2018, Canford sent an email to Sgt Atkins to provide the following information about the proposed manner of trade; 8.10.1. “Since we are yet to draft a PIA document, please see below our comments; 8.10.1.1. Mellen Promotions Theatre Pty Ltd is applying to the licensing authority for the grant of a special facility licence (function centre/ theatre or cinema) for Piccadilly Theatre (Piccadilly) located on 696 Hay Street, Perth. 8.10.1.2. The premises will have a capacity of 1,100 patrons.

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The Piccadilly │Public Interest Assessment 8.10.1.3. The applicant wishes to licence all levels of the proposed ‘Piccadilly Theatre’. Please see attached the early draft plans for your easy reference. 8.10.1.4. The proposed Piccadilly Theatre will be a sophisticated theatre like; 8.10.1.4.1. Perth Concert Hall, 8.10.1.4.2. His Majesty’s, and 8.10.1.4.3. The Regal. 8.10.1.4.4. Piccadilly Theatre will feature; 8.10.1.4.5. Musical Theatre, 8.10.1.4.6. Comedy Acts, 8.10.1.4.7. Kid’s Shows / Matinees, 8.10.1.4.8. Classical Theatre, 8.10.1.4.9. Ballet, and 8.10.1.4.10. Perth International Arts Festival. 8.10.1.5. The theatre fit out budget is $4m, which is part of an overall $13m budget for the arcade as a whole. 8.10.1.6. The Piccadilly Theatre will often host large casts for performances, which could be up to thirty people staying in Perth for several weeks. Also, the applicant intends to partner with local accommodation hotels to cross-market hotel room and concert tickets. 8.10.1.7. The proposed trading hours are 6am to 1am, 7 days”. 8.11. On 26th November 2018, Phil Cockman, Bradley Lloyd, Michael Lloyd and Andrew McIntyre met with Sgt Atkins to provide further details and answer questions. 8.12. There was a project delay, but the applicant has now sent an email to Trevor providing further details on the style of operation, see attachment PIC8 8.13. When witnesses were asked if any people, or groups of people in the locality would be at risk of increased and undue harm should this liquor licence be granted, 46 out of 46 people said “no”. In addition, the following comments were made; 8.13.1. Liam Doyle said, “No, I don't believe this is this case”; 8.13.2. Lewis of Perth said, “The homeless around that areas safety would need to be prioritised”. 8.14. The applicant invites the licensing authority to conclude the proposed harm minimisation strategies put forward in this application, together with the experience of the proposed licensee, will mitigate the potential for this proposed licensed venue to add materially to the harm and ill-health currently experienced in the locality due to the use of liquor.

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The Piccadilly │Public Interest Assessment

9. Juvenile Submissions 9.1. Under section 120 of the Liquor Control Act, unaccompanied juveniles are not permitted on licensed premises unless specific conditions apply. 9.2. Specifically, section 120(1)(e) states; 9.2.1. “This Division does not prohibit juveniles from being permitted entry to, or remaining on, a place where the sale or supply of liquor is authorised if; 9.2.1.1. “The place is on a part of licensed premises or of regulated premises which, on application by an authorised person, has for the time being approved for the purposes of this subsection, where no condition to which that approval is subject is contravened.” 9.3. Relevantly the applicant here proposes a sophisticated venue which will be used for a variety of purposes including; 9.3.1. Musical Theatre; 9.3.2. Comedy Acts; 9.3.3. Kid’s Shows / Matinees; 9.3.4. Classical Theatre; 9.3.5. Ballet; and 9.3.6. Perth International Arts Festival. 9.4. In line with the proposed trading conditions liquor will be a secondary service to the stage shows and functions. 9.5. The applicant has extensive experience in managing large quality events in WA and Australia and has shown itself to be very capable and responsible in relation to liquor supply and service. 9.6. As shown in section 7 above, the applicant’s staff will be experienced, maintaining constant checks in all areas of the theatre and function rooms, as this is imperative to their brand and image, as well as the health and safety of staff and patrons alike. 9.7. Therefore, pursuant to section 120(1)(e) of the Act, the applicant wishes that unaccompanied juveniles are permitted to enter and remain on the licensed premises if they are attending or participating in; 9.7.1. A performance, 9.7.2. A live concert or event, 9.7.3. A reception or function, 9.7.4. A rehearsal for a performance, or 9.7.5. A workshop at the theatre. 9.8. If attending a performance or concert they must be the holder of a valid ticket for that performance on that day.

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The Piccadilly │Public Interest Assessment 9.9. Staff will be stationed inside the theatre to check and monitor unaccompanied juveniles. 9.10. Should unaccompanied juveniles try to purchase alcohol it would be prevented at the point of purchase. This is achieved through: 9.10.1. Continuous and comprehensive staff training and development; and 9.10.2. Strict patron proof of age check. 9.11. The applicant has a strong harm minimisation plan which will be in place for the proposed Piccadilly should the application be granted.

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The Piccadilly │Public Interest Assessment

10. A Report on the amenity on the locality 10.1. Section 38(4)(b) of the Liquor Control Act, asks the applicant to consider “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 manner be lessened”. 10.2. It was concluded earlier (see paragraph 2.6.1) that the subject premises has no immediate residential neighbors. 10.3. It is highly unlikely to have any negative impact on the local community, and instead will add to the overall amenity of the locality. The applicant proposes as follows; 10.3.1. There will be no “in seat” alcohol service. 10.3.2. Food will be available during all operational hours, with orders for meals accepted up to one hour before closing. 10.3.3. The Piccadilly intends to operate Monday to Sunday from 6am to 1am. Typically the bars will open 2 hours before an event or show and close one hour after the event or show ends. This will assist in achieving an orderly and more gradual dispersal of patrons at the end of each event or show. 10.3.4. The premises is not open air, and will be completely enveloped within the Arcade building. 10.3.5. The applicant will not serve liquor to members of the public off the street. Only people attending or participating in; 10.3.5.1. A performance, 10.3.5.2. A live concert or event, 10.3.5.3. A reception or function, 10.3.5.4. A rehearsal for a performance, 10.3.5.5. A workshop at the theatre. 10.4. The liquor service is seen as a vital adjunct to the service of food in private functions, and an important part of the theatre experience before and after the show. 10.5. The Piccadilly will be an attraction for tourists and other visitors, as well as offering members of the Perth CBD community a modern theatre and catering experience. 10.6. Furthermore, in April 2018, the City of Perth posted on its website a public consultation entitled ‘Hay Street Mall - Public Realm Enhancement Concept Plan’ (https://engage.perth.wa.gov.au/hay-street-mall-public-realm) which cited as follows; 10.6.1. “The City of Perth is proposing to create a more vibrant public space by rationalising, refreshing and supplementing the existing fabric of the public realm.

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The Piccadilly │Public Interest Assessment 10.6.2. The City is looking to upgrade the Hay Street Mall to include the following elements: 10.6.2.1. improved infrastructure to enable more events and activation, particularly at night; 10.6.2.2. new permanent and temporary artworks to enhance the character of the Hay Street Mall; 10.6.2.3. new and more varied seating to encourage more activity in the Hay Street Mall; 10.6.2.4. improved lighting to enhance the Hay Street Mall at night; 10.6.2.5. consolidation and removal of redundant features to reduce clutter; and 10.6.2.6. more trees to provide shade while maintaining pedestrian thoroughfares and views to key heritage buildings”. 10.7. In the survey, when asked if this application is approved in what ways they think they may change the locality survey respondents made the following comments. 10.7.1. Bert Mondello said, “Has much more potential and needs to be better activated”; 10.7.2. Samuel Birmingham said, “The CBD is where we all work, but not so much where we all play. There is a distinct lack of unique, diverse venues - it's either a choice of standard bars and restaurants, the Arena, or not much else.... there is a complete lack of ambience and atmosphere as you go east of the Arena, all the way up until the Perth Stadium”; 10.7.3. Trudy Stacey of Mount Lawley said, “Piccadilly Arcade is a very central place within the Perth CBD. Revitalising this space and drawing people back will hopefully change and reinvigorate this part of the CBD. It is desperately needed to help bring people back during and after office hours”; 10.7.4. Sam Lemmon said, “Extremely positive for a historical building and an area of the city that desperately needs rejuvenation”; 10.7.5. Jeremy McKerracher of Nedlands said, “An exciting proposal to create a unique entertainment precinct within the CBD”; 10.7.6. Caitlin Batsford of Leederville said, “Love it, exactly what that beautiful site needs and will draw more people into the area”.

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The Piccadilly │Public Interest Assessment

11. Section 38(4)(ca) Tourism, or Community or Cultural Matters 11.1. Section 38(4) (ca) of the Liquor Control Amendment Bill 2018, asks the applicant to consider “any effect the granting of the application might have in relation to tourism, or community or cultural matters”. 11.2. As per paragraph 3.19.1 above, the proposed Piccadilly is located in Perth LGA, specifically Perth city is one of the most visited areas in Western Australia as it offers big tourist attractions, amongst others. 11.3. The proposed Piccadilly will enhance the tourist product of the Perth CBD. 11.4. The applicant believes The Piccadilly will be very popular with locals, tourists and visitors, who will not only seek out the venue for the performances, but will also be very attracted to the Piccadilly for the following reasons; 11.4.1. Be able to have a glass of wine or beer, while attending any of the wide variety of shows for all ages; 11.4.2. Be able to have a glass of wine or beer, while attending a corporate function or private event; 11.4.3. Its strategic location in the heart of Perth CBD; 11.4.4. This is a heritage theatre; 11.4.5. Its high-end catered dinner experiences in a unique & beautiful historical setting. 11.5. Additionally, the Piccadilly will regularly host large casts for performances up to thirty people, who will stay in Perth for several weeks, which will increase tourism in the area. 11.6. The applicant also intends to partner with local accommodation hotels to cross-market hotel rooms and concert or event tickets. 11.7. As per new section 69(8AA) of the Liquor Control Act 1988, the Chief Executive Officer of Tourism WA may intervene in proceedings in a manner similar to the Commissioner of Police and the Chief Health Officer. 11.8. Section 69(8AA) reads as: 11.8.1. “The chief executive officer appointed under the Western Australian Tourism Commission Act 1983 section 17 may intervene in proceedings before the licensing authority for the purpose of introducing evidence or making representations — 11.8.1.1. (a) as to whether any tourism benefits might result if a particular application is granted; and 11.8.1.2. (b) as to any other matter relevant to the proper development of the tourism industry in the State”. 11.9. In January 2019, the applicant therefore contacted the WA Tourism Commission, asking for their comments to this application.

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The Piccadilly │Public Interest Assessment 11.10. In January 2019, the applicant received a letter from WA Tourism Commission. In that letter, Brodie Carr, the Managing Director of WA Tourism Commission, made the following comments (Attachment PIC9); 11.10.1. “MPT is an experienced event provider that has managed and promoted large-scale and boutique festivals, events and concerts within Western Australia (WA). With the timely $13 millon dollar revamp and refurbishment of the Piccadilly Arcade ($4 million allocated for the Piccadilly) MPT is activating a previously underused space within the arcade, rejuvenating Hay Street Mall within the Perth CBD Precinct. 11.10.2. Research undertaken by Tourism WA in 2017 shows that Perth CBD Precinct is the most visited of Perth’s entertainment precincts, and that one of the key perceptions and drivers of visitation for consumers is that there is a range of venues/activities available. 11.10.3. Having the opportunity to service locals and tourists within the Piccadilly with both a food and drink offering while hosting events would enhance the vibrancy and liveliness of the Piccadilly venue and Perth CBD as a whole. 11.10.4. Tourism WA is pleased to offer this letter of support to the Department of Local Government, Sport and Cultural Industries on the basis that the Piccadilly would make an important contribution to both the day and night time economy of the City of Perth and to Tourism in WA” 11.11. According to an article entitled “Works to start at Piccadilly Arcade, Cinema to reopen as live theatre” published by WA Today (https://www.watoday.com.au/national/western-australia/works-to-start- at-piccadilly-arcade-cinema-to-reopen-as-live-theatre-20181029- p50cqp.html) (Attachment PIC10); 11.11.1. “The vacant storefronts in Perth CBD’s Piccadilly Arcade look sad, but there is good news: work will start in January on a major heritage-friendly facelift that will reopen the old cinema as a live performance theatre. 11.11.2. Tenders have closed for a builder to complete the long-awaited multimillion-dollar redevelopment of the art deco arcade and cinema, built in the 1930s. 11.11.3. The old cinema will be converted into a live performance theatre with a lounge and bar, operated by Claremont-based Mellen Events, known for events such as A Day on the Green, Summadayze, Live at the Quarry and the Ord Valley Muster. 11.11.4. The City of Perth in August 2017 granted a development approval and also granted the owners, along with owners of other heritage sites in the CBD, a rates cut for the next five years as a helping hand to revitalise Perth's historic centre. 11.11.5. The return of cinema and theatre should help revitalise Perth’s sluggish CBD; City of Perth officers, in approving the Piccadilly application, anticipated “increased out-of-hours trading and Canford Hospitality Consultants Pty Ltd | Section 38(4)(ca) Tourism, or Community or Cultural Matters Page 42 of 56

The Piccadilly │Public Interest Assessment activation of the malls, enhancing the night-time economy and improving safety within the area". 11.11.6. “The City of Perth continues to address the current economic environment with a range of support services, initiatives and incentives including public space activation, to help drive further retail activity in our malls,” City of Perth Chair Commissioner Eric Lumsden said”. 11.12. Another article entitled “Second chance for Perth CBD’s Piccadilly Theatre” published by Perth Now (https://www.perthnow.com.au/news/wa/second- chance-for-perth-cbds-piccadilly-theatre-ng- 64406ceb4eb36ecf192e266c6a3343a5 ) (Attachment PIC11); 11.12.1. “PERTH CBD is to get a new entertainment venue in the form of a reborn, refurbished Piccadilly Theatre. 11.12.2. Mellen Events, which promotes music concerts, festivals and other events, is on board to operate the iconic venue, which has been sitting empty for the past three years. 11.12.3. City of Perth officers see the plan as a “once-in-a-decade opportunity to revitalise an area of the city that has a strong need for diversity and improvements”. 11.12.4. The Sunday Times understands the Asia-based owners of Piccadilly Arcade, which incorporates the heritage-listed theatre, will soon submit their refurbishment plans. 11.12.5. “The proponent has prepared a draft architectural scheme and a projected fit-out costs of approximately $3 million to $3.5 million,” the council officers’ report cites. 11.12.6. According to projections, the first year of operation would stage about 75 shows attracting 52,500 people. After four years, it would stage about 140 events, attracting 98,000 people. 11.12.7. “The potential to refurbish that venue and bring it back to its original glory is there — it’s real,” Brad Mellen said on Friday. 11.12.8. “It will require money and capital which the owners are prepared to invest to get it right. 11.12.9. “This is now a golden opportunity in my opinion to revitalise that part of the (Hay St and Murray St) malls.” 11.12.10. I have a venues background. I understand how venues work and I certainly understand the significance of being able to develop a nice, small multi-purpose theatre like this in the heart of the CBD, just like they have done at the Astor. 11.12.11. The council report said the plan could create an 18-hour economy in the Hay St Mall, “which will enhance the economic opportunities for businesses within the area”. 11.13. Another article entitled “Grand Old Dame’s comeback” published by The West Australian (Attachment PIC12);

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The Piccadilly │Public Interest Assessment 11.13.1. “Concert promoter Brad Mellen of Mellen Events, who will stage a $1 million fit-out, expects to host live performances at the venue by November next year, with a wide range of gigs including rock music, opera, comedy, ballets, orchestras and children’s concerts. 11.13.2. A bar and a restaurant will complete the venue’s return as a leading family entertainment centre”. 11.14. Additionally, attachment PIC13 Includes a letter of support from Barry Felstead, who is the Chief Executive Officer of Australian Resorts (Crown Perth). In that letter Barry said; 11.14.1. “As one of the largest tourist attractions in Perth, with over ten million annual visitations to our resort, Crown Perth understands the importance of tourism to the Western Australian economy in creating employment and growth. 11.14.2. Crown Perth is very supportive of this proposal and given the historical and iconic status of the Piccadilly Theatre, is likely, based on our experience, that events held in this venue will have the following positive impacts; 11.14.2.1. Generate significant social, media and other marketing opportunities for Perth; 11.14.2.2. Greatly benefit employment opportunities directly and indirectly; 11.14.2.3. Position Perth as a tourism destination with a wide mix of diverse, mainstream and other events (emphasis added); 11.14.2.4. Improve hotel room occupancy levels (emphasis added); 11.14.2.5. Activation of the area which will assist in reinvigorating night time life, safety and the localised economy of the City (emphasis added). 11.14.3. We further acknowledge that Mellen Events is a longstanding, proven and successful operator in designing, developing, managing and promoting large scale and boutique public events. This has included the hosting of many successful events within the Crown Perth Theatre, in which Mellen Events has established itself as a professional and trustworthy commercial partner of Crown Perth” 11.15. When questionnaire respondents were asked whether they believed the proposed Piccadilly will be an attraction for tourists, they made the following comments; 11.15.1. Liam Doyle said, “Absolutely yes. Now, when tourists are staying in the city, they'll have more world-class entertainment to choose from”; 11.15.2. Brad McIlroy of Subiaco said, “Yes, bringing more shows to Perth would encourage a wider range of show and therefore be a better drawcard for tourists and locals”;

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The Piccadilly │Public Interest Assessment 11.15.3. Lachlan Robinson of Perth said, “Yes of course. We have seen not just in the news but by walking through the cbd a severe lack in shops and entertainment. It would be great for the Perth economy to liven up our central district but also to have it done in a piece of Perth history is truly important for our tourism industry”; 11.15.4. Lewis of Perth said, “Perhaps. Depends on the quality and originality of the renovation”; 11.15.5. Laurel Adair said, “Yes, this will absolutely be a tourist attraction”.

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The Piccadilly │Public Interest Assessment 12. Section 38(4)(c) Offence, Annoyance, Disturbance or inconvenience 12.1. Section 38(4)(c) of the Liquor Control Act (1988) asks the applicant to consider “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”. 12.2. In the applicant’s opinion, there is little potential for acoustic impacts from this proposal because; 12.2.1. The premises will be completely enveloped within the Arcade building. 12.2.2. Although the patron capacity is large (1,100) the function rooms are relatively small. 12.3. In addition, it is not anticipated that there will be very large numbers of patrons gathering at any one time to consume liquor, as the main attraction will remain the performances or the function the person is attending, not the liquor. 12.4. Similarly, the applicant is aware that for some shows there will be the potential for a large number of patrons to egress the venue at one time. For that reason, the applicant proposes the following measures: 12.4.1. Adherence to responsible service of liquor, and responsible consumption of liquor practices at the venue; 12.4.2. The approved managers and ushers will also ensure the last patrons leave safely and quietly. 12.4.3. The applicant will stay open for up to one hour after the conclusion of the event / show to create a more even flow of patrons leaving the venue spread out over that hour. 12.4.4. When purchasing a ticket and prior to the show / event, patrons will be provided an information pack on how to get to and from the show. This will include details about car parks, taxi/rideshare points and public transport locations / options. 12.4.5. At the conclusion of any event there will be ushers or security to direct people out of the Hay Street Mall to the following egress points: 12.4.5.1. Taxi ranks or rideshare pick-up points on Hay St (either side of the Mall) or William St. Refer to map at paragraph 8.4 above. 12.4.5.2. The nearest train stations either at the Perth, Perth Underground or Elizabeth Quay Train Stations. Also noted in the map at paragraph 8.4 above. 12.4.5.3. Local Transperth and CAT bus services pick up points and on Hay St, Murray St, William St and St Georges Terrace. 12.4.5.4. There are also several public car parks located within 1km of the theatre for patrons to make use of.

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The Piccadilly │Public Interest Assessment 12.5. In the survey, when asked if the granting of this special facility licence will cause any offence, annoyance, disturbance or inconvenience to any people or group of people in the locality respondents, 46 out of 46 people said ‘No’. Additionally, they gave the following responses; 12.5.1. Liam Doyle said, “Absolutely not. Once again, the nature of the events that would be hosted there don't lend themselves to that kind of behaviour”; 12.5.2. Brad McIlroy said, “No, currently there are homeless living outside the venue, they are currently causing the annoyance and disturbance as the area is barely used. It would have significantly increased foot traffic if the license was granted and therefore move the homeless out of the area”; 12.5.3. Michael Boyce of Perth said, “Not really, if anything it will bring more people into the area and so be a positive for those in the locality”. 12.6. In any case the applicant has drawn up a detailed harm minimisation plan, as is required under the Act. 12.7. Therefore, it will be unlikely that the proposed licensed premises will annoy, disturb or inconvenience people who live, work or otherwise resort to the locality.

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The Piccadilly │Public Interest Assessment

13. Section 5(1)(a) of the Liquor Control Act (1988) 13.1. Section 5(1)(a) states that the primary object of the Act is; 13.1.1. “to regulate the sale, supply and consumption of liquor” 13.2. Being one of three primary objects means that it is of equal importance to the other two primary objects of the Act. 13.3. To regulate means; 13.3.1. “to control or direct according to rule, principle, or law” or 13.3.2. “to put or maintain in order” 13.4. It does not mean to restrict or to reduce. 13.5. There may be some circumstances where a restriction or a reduction is warranted, but the word “regulate” implies more flexibility than either “restrict” or “reduce”. 13.6. It is possible to “regulate” and to “increase” at the same time. 13.7. Therefore, this primary object should not, of itself, prevent this application from being granted. 13.8. It is possible to properly regulate the sale, supply and consumption of liquor and grant this application.

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The Piccadilly │Public Interest Assessment

14. Section 5(1)(b) of the Liquor Control Act (1988) 14.1. Section 5(1)(b) states that the primary object of the Act is; 14.1.1. “to minimise harm or ill-health caused to people, or any group of people, due to the use of liquor.” 14.2. Being one of three primary objects means that it is of equal importance to the other two primary objects of the Act. 14.3. In its decision granting a liquor store licence to Woolworths Warnbro the Liquor Commission noted; “40. The potential for harm or ill-health is a powerful public interest consideration when determining an application (refer Lily Creek supra). Consequently, it is relevant for the licensing authority to consider the level of alcohol-related harm, due to the use of liquor, which is likely to result from the grant of the application. As Wheeler J stated in Executive Director of Public Health v Lily Creek International & Ors [2001] WASCA 410: “This does not mean that only the increased harm which may result from the specific premises in question is to be considered; rather it seems to me that must necessarily be assessed against any existing harm or ill health so as to assess the overall level which is likely to result if a particular application is granted. Where, as occurs in probably the majority of cases, the existing level of alcohol related harm is no greater than that which appears to be commonly accepted in the community, the distinction is probably not significant.” 41. Also, as observed by Ipp J (in Lily Creek supra) it is significant that the primary object in section 5(1)(b) is to “minimize” harm or ill-health, not to prevent harm or ill-health absolutely”. 14.4. In this application therefore, the applicant is not required to show that no harm whatsoever may occur if this application is granted, only that the applicants will do all that is reasonable to minimise harm and ill-health that could potentially occur if this permit is granted, and that any potential for harm or ill-health is minimised, and is not “undue”. 14.5. The following mitigating factors will greatly reduce the potential for the proposed venue to add materially to any harm or ill-health which may currently be experienced in the locality due to the use of liquor; 14.5.1. The directors of the applicant company are respected and very experienced operators of events in WA and Australia; 14.5.2. The applicant will not serve liquor to members of the public off the street. Only people attending or participating in; 14.5.2.1. A performance, 14.5.2.2. A live concert or event, 14.5.2.3. A reception or function, 14.5.2.4. A rehearsal for a performance, 14.5.2.5. A workshop at the theatre; and

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The Piccadilly │Public Interest Assessment 14.5.2.6. If attending a performance or concert they must be the holder of a valid ticket for that performance on that day. 14.5.3. As paragraph 9.3 above, the applicant proposes a sophisticated venue which will be used for a variety of purposes including; 14.5.3.1. Musical Theatre; 14.5.3.2. Comedy Acts; 14.5.3.3. Music concerts; 14.5.3.4. Kid’s Shows / Matinees; 14.5.3.5. Classical Theatre; 14.5.3.6. Ballet; and 14.5.3.7. Perth International Arts Festival. 14.5.4. Patrons will not be attracted to The Piccadilly for the sole purpose of drinking, the main attraction will be the performances or the function the person is attending. 14.5.5. The premises will have a full kitchen, and food will be available during all operational hours, with orders for meals accepted up to one hour before closing; 14.5.6. Although the patron capacity is large (1,100), the function rooms are relatively small; 14.5.7. There will be no ‘in seat’ service of alcohol in the theatre; 14.5.8. The premises will be completely enveloped within the Arcade building. 14.5.9. Since the applicant proposes to hold underage concerts, staff will be stationed inside the theatre to check and monitor unaccompanied juveniles. 14.6. When questionnaire respondents were asked whether they believed there were any groups who are likely to suffer increased and undue harm or ill health if this licence is granted, 45 out of 46 people said “No”. Additionally, Michael Boyce said, “Not really, if anything it will bring more people into the area and so be a positive for those in the locality”. 14.7. The applicant has advised that Closed Circuit TV (CCTV) will be installed at licensed premises, which will retain images for twenty-eight (28) days in accordance with the Director’s policy.

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The Piccadilly │Public Interest Assessment

15. Section 5(1)(c) of the Liquor Control Act (1988) 15.1. Section 5(1)(c) states that a primary object of the Act is; 15.1.1. “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.” 15.2. Being a primary object means that it is of equal importance to the other two primary objects of the Act. 15.3. In other words, it is just as important for the Director to cater for the requirements of consumers as stated above, as it is to minimise the potential for harm or ill-health due to the use of liquor. 15.4. In the end, it is a weighing and balancing of these equal objects which will determine whether a liquor licence should be granted or not. 15.5. The applicant believes that this application caters to the requirements of consumer of liquor, in this case, patrons and participants of the theatre and functions, and as evidenced by the witnesses’ responses shown below. 15.6. In his testimony to the Education and Health Standing Committee Mr. Francis Edwards, CEO of the City of Perth had the following to say; 15.6.1. “The fact is that there is a demand in our society for precincts and venues within those precincts for the enjoyment of that adult night time entertainment.” (http://www.parliament.wa.gov.au/Parliament/commit.nsf/(Evidence+Loo kup+by+Com+ID)/9B7B5961960A762048257831003C127E/$file/educhealth201 00608-LGA-f.pdf )

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The Piccadilly │Public Interest Assessment

16. Section 5(2)(a)(d)(e)(f) of the Liquor Control Act (1988) 16.1. In carrying out its functions under the Act, the licensing authority shall have regard to the primary objects of the Act and also to the following secondary objects – 16.1.1. (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”; and 16.1.2. (d) “To provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor”; and 16.1.3. (e) “To provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act”: and 16.1.4. (f) 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. 16.2. Further Section 5(3) states “If, in carrying out any function under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence”. 16.3. Through this application the licensing authority will be facilitating the development of a very responsible licensed service in the locality, which will satisfy a reasonable and identified public requirement. 16.4. The applicant believes that music plays such an important role in a hospitality venue, especially live music. This is very important for the licensee going forward. The applicant wishes to be very supportive of local artists and musicians. 16.5. Therefore, in the opinion of the applicant, in granting this licence the Director of Liquor Licensing will be fulfilling his obligations under section 5(2)(a) of the Act.

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The Piccadilly │Public Interest Assessment

17. Objective witness support 17.1. In December 2019, the applicant reached out some local residents and businesses that work in the Perth CBD area and people that they were aware that would be interested in this proposal. 17.2. These people were asked to complete a ‘Survey Monkey’ which is a brand name for an online survey company. As a result of this process, forty-six people completed the ‘Survey Monkey’, and the results are attached to these submissions (Attachment PIC14). 17.3. These results provide the Director with an insight into the opinions of people from the local community. 17.4. The main themes of this evidence may be summarised as follows; 17.4.1. The proposed premises is highly anticipated by locals; 17.4.2. The proposed premises will add positively to the amenity of Perth CBD; 17.4.3. The proposed Piccadilly will add to the culture and vibrancy of Perth through the shows and events it will host 17.4.4. They would love to have the flexibility of enjoying an alcoholic drink while enjoying any of the shows / events at The Piccadilly; 17.4.5. The wide range of shows as proposed by the Piccadilly will activate the tourism in Perth and WA; 17.4.6. The option of having an alcoholic drink during the show is highly appealing as restricting this option to the foyer results in patrons missing parts of the shows. Rushing for the show can result in either rapid consumption of liquor or the drink being thrown away; 17.4.7. This proposal will increase the night foot traffic in the area, and therefore it will make Perth CBD safer; 17.4.8. Witnesses highly appreciate the applicant’s intention to invest in this important art venue in Perth, breathing life into an iconic piece of Perth history; 17.4.9. The proposed premises will bring quality and variety to Perth in terms the entertainment offered. 17.5. In addition, attachment PIC15 of these submissions, is a letter of support from Russel Gibbs, who is the Director and Chief Executive Officer of Hawaiian, as provided by the applicant. Below is an extract of that letter;

17.5.1. “I would anticipate Hawaiian personnel patronising Piccadilly regularly to attend shows and company social functions. Our Marketing department look forward to utilising the function spaces to hold Hawaiian Tenant and/or stakeholder networking events and other presentations as required”.

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The Piccadilly │Public Interest Assessment 18. Conclusion 18.1. The applicant proposes the return of the heritage theatre ‘The Piccadilly’ to Perth’s CBD. 18.2. It will be run by a very experienced event’s operator and management team. The applicant has been responsible of multiple events in WA and interstate, and now brings this sophisticated and integrated theatre and events experience to Perth. 18.3. The proposed Piccadilly will be an attraction for tourists and other visitors, as well as offering Perth residents a modern and elegant facility catering and theatre experience. The predominant purpose of the premises will always be the provision of stage performances and functions, the supply of liquor will always be ancillary and incidental to such performances. 18.4. The Piccadilly will be completely enveloped within the Arcade building. The applicant believes therefore there will be no disturbance or inconvenience to the locality whatsoever as a result of the granting of this liquor licence. 18.5. It is, therefore, open for the licensing authority to conclude, on balance, the positive aspects of the application far outweigh the potential for negative impacts, leading to the conclusion the approval of this application with the trading conditions put forward by the applicant is justified.

Drafted on behalf of Mellen Promotions Theatre Pty Ltd;

Phil Cockman Canford Hospitality Consultants Pty Ltd Thursday, February 13, 2020

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The Piccadilly │Public Interest Assessment

Attachments PIC1 Table of all existing licensed premises in the locality (28 pages); PIC2 A draft of ‘The Piccadilly’ food menu (1 page); PIC3 A draft of ‘The Piccadilly’ beverage list (2 pages); PIC4 An example ‘Events Program’ (2 pages); PIC5 Professional background notes for Brad Mellen (1 page); PIC6 Professional background notes for Michael Lloyd (1 page); PIC7 Andrew McIntyre’s resume (3 pages); PIC8 Email sent from Canford to Sgt Trevor Atkins (2 pages); PIC9 Letter of support from Tourism WA (2 pages); PIC10 An article titled “Works to start at Piccadilly Arcade, Cinema to reopen as live theatre” (4 pages); PIC11 An article titled “Second chance for Perth CBD’s Piccadilly Theatre” (4 pages); PIC12 An article titled “Grand Old Dame’s comeback” (2 pages); PIC13 Letter of support from Barry Felstead, Chief Executive Officer of Australian Resorts (2 pages); PIC14 46 witness questionnaires: 14.1. Alex O’Reilly; 14.2. Alexander Haygarth; 14.3. Ali Balch; 14.4. Andrew L; 14.5. Andrew Moullin; 14.6. Anthony McEvoy; 14.7. Ben Mac Kinnon; 14.8. Bert Mondello; 14.9. Brad McIlroy; 14.10. Caitlin Batsford; 14.11. Chris Fay; 14.12. Chris Webster; 14.13. Christian Jeeves; 14.14. Cordelia Mortimer-Lee; 14.15. David Kyle; 14.16. Frank Early; Canford Hospitality Consultants Pty Ltd | Attachments Page 55 of 56

The Piccadilly │Public Interest Assessment 14.17. Georgia Moore; 14.18. Hayley Rankin; 14.19. James Pennefather; 14.20. Jason Day; 14.21. Jeremy McKerracher; 14.22. Joanna Moullin; 14.23. Joel Walker; 14.24. Jonny Nease; 14.25. Jordan Early; 14.26. Kelly Steele; 14.27. Kenny McHardy; 14.28. Kevin Clark; 14.29. Lachlan Robinson; 14.30. Laurel Adair; 14.31. Lauren Haygarth; 14.32. Lee Bowers; 14.33. Lewis; 14.34. Liam Doyle; 14.35. Mark Kalajzich 14.36. Michael Boyce; 14.37. Nicholas W Stacy; 14.38. Rich Burch; 14.39. Sam Lemmon; 14.40. Sam Brophy-Williams; 14.41. Samuel Birmingham; 14.42. Sean Carter; 14.43. Sed Terkildsen; 14.44. Kate O’Hara; 14.45. Timmy Greaney; 14.46. Trudy Rowles Stacy. PIC15 Letter of support from Russel Gibbs, Director and Chief Executive Officer of Hawaiian Pty Ltd (1 page).

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