Facilities and services

1. The Applicant is seeking to lodge an extended trading permit for ongoing hours from the night of Friday night till 2am Saturday morning and Saturday night till 2am Sunday morning.

2. The upgrade of the amenities applied at the Venue are aimed at making it a more comfortable and attractive location to socialise in, offering both indoor and outdoor spaces and creating a friendly and versatile licensed premises within the locality of Northbridge.

3. The Venue’s new design and fit-out will offer patrons with several seating and service options within a secluded, yet vibrant environment set back from the busy Lake Street streetscape.

4. As a Small Bar, the Venue’s concept, food and entertainment offers will make it a vibrant, fun and welcoming destination for a range of patrons of all age groups and demographics to attend for a variety of purposes throughout the day and into the evenings.

Proposed Manner Of Trade

5. The Applicant proposes operating the Venue as a “speakeasy Bar and restaurant”, whilst trading in a similar fashion as similar speakeasy bars in the area. The concept encompasses the Venue’s décor, entertainment, food and beverages.

6. Convenients will also have a full menu consisting of a signature burger range with musical connotations complimenting the theme of the venue and will run from open to 9pm. Late night menu will consist of small signature burgers, fries, chicken nuggets etc.

7. The grant of the application will enable patrons to enjoy the venue passed 12am till 2am Saturday and Sunday morning.

Target Client Base

8. Demographic between 18-24 are mainly interested in late night quirky venues, late night “insta worthy” comfort food, Live music & DJs. The best way to reach this demo is through social media apps such as Instagram and TikTok.

9. The 24-34 demographic are more interested in spending less and finding a great deal than the 18-24-year-old market so entertainment and combo burger and drink deals will be the way to attract this demographic. Facebook ads are the best way to reach the 24-34-year-old market.

10. With respect to Venue types and visitation, patrons indicated that:

(a) In all age groups, the public most commonly sought out venues were:

(i) Licensed restaurants;

(ii) Small bars; and

(iii) Pubs/taverns/sports bars.

(b) Across the age groups, the most important considerations in selecting where to socialise were:

(i) Value for money;

(ii) Atmosphere;

(iii) Food served;

(iv) Safety; and

(v) Family friendly – caters to children (For those aged 35 – 54 years who were deemed the most likely age group to visit entertainment precincts with children).

11. The Applicant is well positioned to cater to the requirements of tourists, due to its central location in the Northbridge, which is adjacent to the City’s main retail precinct, bus/train stations and major tourist attractions, such as Elizabeth Quay, Kings Park, Perth Arena and Perth Exhibition Centre.

12. Due to the Venue’s style of operations, concept and fit-out, it is a safe space within the heart of Northbridge which will assist in providing patrons visiting Northbridge with suitable licensed hospitality options to take their children to.

13. The grant of an ongoing hours extended trading permit to the Venue will enhance the hospitality and liquor services that the Applicant is able to provide to patrons and increase the diversity and choice of liquor services available in Northbridge and the Perth CBD generally, throughout the week, both during the day and in the evenings.

14. The Applicant submits that based on the tourism data provided and Perth’s current liveability ranking, there is an ongoing demand and requirement for additional attractions, including more small bars to be provided in Northbridge.

Theme/décor

15. Convenients is Novelty bar with late night food service running from Tuesday to Saturday. The Venue will have a convenience store front which will act as front desk. Entrance to bar and restaurant area will be through a secret door disguised as a fridge

Benefit to the community

Locality

16. A 2km radius defines the Locality based on the Director’s policy titled "Specification of Locality" ("the Policy").

17. Applying the Policy to the Venue would require the Locality to include not only the suburb of Northbridge but also other sections of the City, including all or part of the following suburbs:

(a) Perth;

(b) West Perth;

(c) East Perth

(d) Highgate; and

(e) Leederville.

18. It is submitted that the suburb of Northbridge is the most likely area to be affected by the application.

19. Public transport options and taxi ranks in the immediate vicinity are also provided.

20. Public transport is available at all hours during and immediately after the Venue’s proposed trading hours.

21. The Perth train and bus stations are in close proximity to the Venue. There is also easy access to various car park facilities within a short walking distance from the Venue.

22. The Locality is characterised as part of Perth’s CBD where there is significant commercial use (office and retail), that incorporates major retail tenancies. In

addition, public and residential buildings, cultural buildings, nightlife, entertainment, liquor and dining services also combine to provide a wide variety of services in the State’s capital. The Venue will integrate with and support all of these uses.

23. With an increasing inner-city residential population, as well as a range number of city workers and considerable visitors/daytrip visitors coming into the CBD daily, the patron mix for the Venue will be varied.

Local Government Authority

24. For the purposes of Section 69 of the Act, the City is the local government authority which may lodge an intervention pursuant to the provisions of section 69(7) of the Act.

25. Being able to provide a vibrant, cosmopolitan lifestyle is recognised by the City as essential to attracting people to live and visit the Locality.

26. The City is mindful that it must offer a range of retail, entertainment, community and cultural initiatives and activities in order to promote and attract visitors and inner-city residents. These key features are essential for Perth to continue to be a highly liveable city and an attractive tourist destination.

27. In 2018 Perth was ranked as the world’s 14th most liveable city, falling from seventh (7th) in 2017 in the Annual Global Liveability Index. Melbourne ranked second (2nd), Sydney third (3rd) and Adelaide tenth (10th) all based on the

following factors: stability, healthcare, culture and environment, education and infrastructure and has not managed to climb back up the rankings since. Dropping points in the culture and environment category for which it received 88.7.

28. Melbourne’s achieved higher ranking was to a degree due to its ability to offer a wide range of sophisticated and trendy cultural and hospitality options. Perth aspires to reach the same eclectic mix.

29. The drop of Perth’s ranking by seven (7) points indicates that the City must do more to improve its liveability standards and attractions. Annexed and marked "Annexure L" if a copy of an article from The West Australia newspaper, dated 3rd October 2018 title “Perth drops below Sydney in the Economist’s 2018 Global Liveability Index”.

30. An ETP for the Venue, will help with Northbridge’s ongoing redevelopment and support the growth of Perth’s inner-city culture to more effectively compete with the likes of City’s that have been identified as having a very high liveability ranking such as:

(a) Vienna, Austria;

(b) Melbourne, Australia;

(c) Osaka, Japan;

(d) Calgary, Canada; and

(e) Sydney, Australia

Urban design framework

31. The City’s "Urban Design Framework" ("the Framework"). The Framework has been developed by the City as a guide towards achieving its vision for Perth over the next 20 years.

32. The City’s key objectives are identified as: -

(a) Global status

• Recognition as a city of international significance in the Asia Pacific region and the primary Western gateway to Australia.

(b) Vibrancy

• Providing premier entertainment facilities able to present world class performances.

• Creating a sophisticated CBD.

(c) Liveability

• Attracting a diversity of inner-city residents.

• Providing a city within which residents are able to live, play and shop locally and in which workers, residents and visitors will feel, and be, safe.

33. The Framework describes the importance of the City in creating a vibrant and appealing location for both residents and visitors: -

"…it is absolutely vital that the City centre embodies the vibrancy, culture,

power and prosperity of Western Australia, both to those people who live here

and those who visit us from afar." (Page 28)

34. As a destination location, the Venue and its distinctive services will encourage visitors and day trippers to visit Northbridge, which in turn will support the Framework’s objective of the City becoming the State’s principal tourist destination and Northbridge cementing itself as the premier hospitality and entertainment destination.

35. The further development of social infrastructure in the City, including dining and liquor services are essential for people to meet and socialise throughout the week and is particularly important as its population grows.

“There is a recognition that some of the existing parts of the city do not

sufficiently create the sense of character or contain the range of activities and

community infrastructure that make them desirable destinations,

particularly those areas at the fringe of the city centre. Looking to the future,

there is recognition that the need for increased density and the

intensification of the urban experience offered by the city, must go hand in

hand with creating more activities for people to engage in.” (Page 34)

36. Increasing population density and generating greater demand and activity within the CBD are key objectives the City is striving to achieve in order to create a city that is desirable and attractive for people to live, work and socialise in.

37. The Framework stresses the importance of being able to provide a wide selection of services and activities to meet the demands of current and future residents, city workers and visitors in order to make the City desirable. (pages 35 and 72)

City of Perth Strategic Planning

38. A strategic plan has been formulated by the City as a guide to achieving its desired vision for Perth for 2029. Extracts from the City’s Strategic Community Plan 2019 – 2029 (“the Community Plan”) reflect the City’s vision, aimed at achieving a vibrant and appealing destination for both residents and visitors alike. Examples of the City’s vision and aspirations that take into consideration population growth, the local economy, together with social and community needs that are relevant to the Application are set out below:

“We aim to partner with stakeholders to build a sense of vibrancy that has

a focus on neighbourhood precincts, place planning and supports economic

growth to assist Perth compete on the world stage as a great destination.

With the help and support of the community and our skilled staff, we can

create a city that is vibrant, connected and progressive. A city that people

want to see, want to live in and want to visit and to have as part of their

everyday life. This is the City of Perth’s commitment.”

“Liveable, vibrant city where people want to work, live and visit. A safe and

activated city that celebrates its diversity, sense of community and unique

cultural, sporting and lifestyle choices.”

“Create a strong sense of community vibrancy, connection and involvement.”

“Promote Perth as a great, vibrant place to visit.”

“A city with a diverse and resilient economy capitalising upon its unique

competitive advantages and innovative reputation, attracting sustainable

investment in tourism, entertainment, commerce, technology and trade.”

“The City of Perth is focussed on creating a capital city that is liveable and

vibrant, where people want to live, work and visit. It should be a safe and

activated city that celebrates its diversity and sense of community, promoting

unique cultural, sporting and lifestyle choices.”

39. As has been the case at numerous different speakeasy bars around Perth. The Convenients business model and the full range of services on offer at this location will prove very popular with local residents and social groups and has created a real sense of community.

40. The grant of the Application will allow the Applicant to provide a greater range of liquor services at the Venue for the City’s community and visitors to enjoy, as they work live and play within the area at various times of the week and for special events. This includes families (including tourists), who are not presently well catered for in the Locality.

41. The Metropolitan Redevelopment Authority (“MRA”) is the delivery arm of the State Government’s planning portfolio and is responsible for the redevelopment projects of five (5) areas across the metropolitan area, including Northbridge.

“Our vision for New Northbridge is to create a safe, friendly and enjoyable

place for Perth people and visitors to live, work and play.”

(Source: mra.wa.gov.au/projects-and-places)

42. The Applicant submits that the grant of the Application is consistent with the City’s Strategic Community Plan and planning guidelines, all of which are aimed at making the City a more desirable place to visit and live, including families. (Page 19)

At Risk groups

43. The Director in his policy entitled Public Interest Assessment Requirements and

Application Procedures, has identified at risk groups as follows:

“At risk groups” have been identified and may include; ‘children &

young people’, ‘aboriginal people and communities’, ‘people from

regional, rural and remote communities’, families, ‘people in low

socio-economic areas’, ‘mining communities’, ‘communities that

experience high tourist numbers.”

44. Given the location of the Venue, it is reasonable to assume that due to the range of people attracted to the Locality, there will be persons who fall within one or more of these categories. There is no publicly available evidence, however, that any one group is experiencing harm or ill health due to the use of liquor within the Locality.

45. The Drug And Alcohol Interagency Strategic Framework for Western Australia 2018 – 2022 identifies the following “at risk” groups and sub-communities:

(a) Young people: A variety of demographics will be welcome at the Venue based on its style of operations and theme.

(b) Aboriginal persons: Given the demographic data referred to above and the intended manner of operation it is not anticipated that a significant proportion of Aboriginal persons will patronise the Venue.

(c) Persons from regional, rural and remote communities: The Venue is located in the City and is therefore likely to attract intrastate and visitors from regional areas who are visiting Perth. The quality of the fit-out and manner of operation indicate that it will not be likely to attract a significant proportion of ‘at risk’ sectors of regional, rural and remote communities.

(d) Migrant groups from non-English speaking countries: It is not anticipated that this section of the public will comprise a significant proportion of the Venue’s patronage based on the concept of the Venue and food offerings that will be available.

(e) People in low socioeconomic areas: Given the demographic profile of the Locality, the proposed quality fit-out of the Venue and the style of services intended to be offered by the Applicant, it is not anticipated that the Venue will attract this sector of the public.

(f) Mining communities or communities with high numbers of itinerant workers. Located in the City, it is not anticipated that this section of the public will comprise a significant proportion of the Venue’s patronage.

(g) Communities that experience high tourist numbers.

46. Given that the Venue is located within Perth’s primary entertainment precinct, the Locality does attract a high volume of tourists and day-trippers. The Locality’s planning framework are aimed at making the area more vibrant and appealing in order to increase the visitor numbers to the area. However, it is not anticipated that this section of the public who patronise the Venue will be “at risk”. In any event, the Applicant will strictly maintain and enforce the responsible service of alcohol guidelines and follow the Venue’s Harm Minimisation practices at all times.

4.2 Social Health Indicators

Legal Submissions

47. Section 38(4) provides that the matters the Licensing Authority may have regard to in determining whether the grant of an application is in the public interest, include:

(a) the harm or ill health that might be caused to people, or any group of people due to the use of liquor;

(b) the impact on the amenity of the Locality in which the licensed premises or proposed licensed premises are, or are to be, situated;

(c) whether offence, annoyance, disturbance or inconvenience may be caused to people who work or reside in the vicinity of the licensed premises or proposed licensed premises; and

(d) any other prescribed matter.

4.3 Harm Minimisation

48. The company and establishment are dedicated to the safety and well-being of their patrons and staff. Due to the category of risk an ETP for ongoing hours falls under; the venue will implement the following security measures to ensure the safety for both patron and staff.

a) Identification scanning device upon entry

b) 3 Crowd Controllers

c) High quality security cameras throughout venue

49. Relevant to the question of the public interest are the objects of the Act which, for the purpose of the present application, relevantly include the following primary objects:

(a) to regulate the sale, supply and consumption of liquor;

(b) to minimise harm or ill health caused to people or any group of people due to the use of liquor; and

(c) to cater for the requirements of consumers for liquor related services with regard to the development of the liquor industry, the tourist industry and other hospitality industries in the State.

50. It is submitted that when sections 5(1)(a), (b) and (c) are read in conjunction, the Licensing Authority, in regulating the sale, supply and consumption of liquor, and catering for the requirements of consumers for liquor and related services, is required to have regard to the object of minimising harm or ill health cause to people or any group of people.

51. It follows that although section 5(1)(b) is a primary object of the Act, it does not necessarily mean that when harm or ill health may be caused to people by the granting of an application no licence should be granted.

52. Section 5(1)(b) provides the following primary object of the Act:

“To minimise harm or ill-health caused to people, or any group of

people, due to the use of liquor”.

53. The Licensing Authority is required to consider whether the risk of increased harm is acceptable or unacceptable. It is not the position, however, that any increase is unacceptable. This is an assessment that must be made on a case-by-case basis (Executive Director of Public Health v Lily Creek International Pty Limited & Ors [2001] WASCA 410 at [59] per Wheeler J).

54. When considering whether the grant of the application will cause harm or ill-health to people or any group of people due to the use of liquor, the approach to be adopted is as follows:

(a) the Licensing Authority must make findings that specifically identify the existing level of harm and ill-health in the relevant Locality due to the use of liquor;

(b) the Licensing Authority must make findings about the likely degree of harm to result from the grant of the application;

(c) the Licensing Authority must assess the likely degree of harm to result from the grant of the application against the existing degree of harm; and

(d) the Licensing Authority must weigh the likely degree of harm, so assessed, together with any other relevant factors to determine whether the applicant has satisfied the Licensing Authority that it is in the public interest to grant the application.

55. It is not sufficient to simply reason that, where there is already a high level of harm in the particular area, even a small increment in potential or actual harm may be determinative, without making specific findings on the evidence about the level of alcohol-related harm which is likely to result from the grant of the particular application.

56. Section 5(1)(c) of the Act states:

“(1) The primary objects of this Act are —

(c) to cater for the requirements of consumers for liquor

and related services, with regard to the proper

development of the liquor industry, the tourism

industry and other hospitality industries in the State.”

57. In the Decision of the Supreme Court of Western Australia in the matter of Australian Leisure and Hospitality Group Pty Limited v Commissioner of Police &

Ors [2017] WASC 88, the Court stated:

“… I consider Section 5(1)(c) requires regard be directed to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State in considering the issue of catering for consumer requirements

Catering for consumer requirements is not to be considered in

isolation. The potential and opportunity for proper development of

the industry (including change) is not to be ignored.

Assuming there is appropriate probity evidence, the words invite a

broader ambit of matters to be considered as part of assessing the

diversity of consumer requirements and how they are to be catered

for” (paragraphs 67-69)

58. While indicating that it is not for the Court to prescribe the matters which may be important when considering the proper development of the liquor industry, in that matter, the Supreme Court stated:

“However, in this case, it would seem that the changing demographic

of the community and the introduction of a different offering in terms

of consumer choice and diversity are important matters for

evaluation and the Commission ought to have a proper regard to

them, which means not only stating conclusions but revealing an

analysis of the relevance of those matters” (paragraph 10)

59. When considering the primary object contained in Section 5(1)(c), it is settled law that this object does not incorporate the “need” test, which was removed by amendments to the Act made by the Liquor and Gambling Legislation Amendment

Act 2006 (WA) (refer to Australian Leisure and Hospitality Group Pty Limited v

Commissioner of Police [2016] WASC 40).

60. In the Decision of the Liquor Commission of Western Australia in the matter of Liquorland (Australia) Pty Limited LC 07/2017, the Commission stated:

“… The Commission has not considered the issue of “need” in

determining this application. The Commission does not consider that

Section 5(1)(c) of the Act imposes a positive onus on applicants to

establish that there is a need or requirement for the granting of the

application. That Section relates to an objective assessment of

whether the granting of the application will 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. The

submissions made on behalf of the Director in respect of this issue are

rejected by the Commission.” (paragraph 22) (our underlining)

61. The submission referred to by the Commission is summarised at paragraph 11 of the Decision as follows:

In written submissions dated 4 August 2016, Counsel for the Director stated

that:

“… In order for the Liquor Commission to conclude that the

grant of the application materially caters for the requirements

of consumers for liquor, the applicant is required to, by cogent

evidence, prove that there is, in fact, a consumer requirement

– that is, some call by consumers for the products and services

that will be offered at the premises and that the grant of the

application will cater for that requirement in a way which can

be said to be beneficial to the public interest”.

62. A similar argument was advanced on behalf of the Director of Licensing in the matter of ALDI Food Pty Limited LC 09/2017 (“the ALDI Decision”).

63. At paragraph 17 of the ALDI Decision, the Commission stated:

“It is apparent that the Director wished to rely upon the Woolworth’s

evidence in submitting that the applicant had ‘failed to demonstrate

the degree to which the grant of the application would cater for the

requirements of consumers for liquor.”

64. The written submissions lodged on behalf of the Director went on to state that:

“There has to be evidence of some call by consumers for the products

and services that will be offered at the proposed licensed premises.”

65. This point was further developed at the hearing at which Counsel for the Delegate stated:

“… But the point being is that that statement needs to be considered

in that context that the Delegate wasn’t just considering the evidence

provided in support of the ALDI Application, it was also in the context

of the evidence put forward by Woolworths as to consumer

requirement in considering that evidence as a whole.”

66. To place this submission in context, the application under review in the ALDI Decision was originally considered in conjunction with an application by Woolworths for a liquor store licence in the same shopping centre the proposed ALDI store was to be located.

67. In refusing the ALDI Application at first instance, upon a consideration of both the Woolworths and the ALDI Applications, the Delegate to the Director stated:

“I have concluded that the Woolworths Application would provide

greater benefits to consumers in the locality …” (paragraph 6 of the Decision of the Director of Liquor Licensing dated 11 May 2016)

68. The submission advanced by the Director with respect to the correct approach to be adopted under Section 5(1)(c) of the Act (reproduced above) was rejected by the Commission. The Commission stated:

“In any event, the submissions advanced on behalf of the Director

were based on the misconception that Section 5(1)(c) of the Act

required an applicant to establish a need or call or requirement for

liquor in the locality. The submissions ignored the wording of the

provisions which states that one of the primary objects of the Act is

“to cater for the requirement of consumers for liquor and related

services with regard to the development of the liquor industry, the

tourism industry and other hospitality industries in the state.” (paragraph 19) (our underlining)

69. The Commission further stated:

“Section 5(1)(c) requires the Commission to evaluate whether the

evidence before it is such that the granting of the application will

cater for the requirements of consumers for liquor and related services

and (emphasis added) provides for the profitability of the liquor

industry. It does not require an applicant to establish that there is a

need for liquor in the relevant location. As was noted by Martino J in

Australian Leisure and Hospitality Group Pty Limited v

Commissioner of Police the “needs test” no longer applies to

applications of this nature” (paragraph 27) (our underlining)

Section 5(1)(c) and the ‘balancing exercise’

70. A conflict may arise between the object of minimising harm or ill health on the one hand and catering for the requirements of consumers on the other. Neither of the primary objects under sections 5(1)(b) and 5(1)(c) should be given precedence. In such cases, the Licensing Authority undertakes a balancing exercise, weighing up considerations relevant to these and all other objects of the Act.

71. Where there is a prospect of harm or ill health being caused by the grant of an ETP, and the grant would advance other objects, the resolution of the conflict that then arises will depend on the degree of importance that is to be attributed to each of the relevant factors in the particular circumstances (Executive Director of Health

v Lily Creek International Pty Limited & Ors (2000)) WASCA 25 (“Lily Creek No.

1”) at page 45).

Impact on amenity

72. When considering the impact the grant of the ETP will have upon the amenity of the locality, it is relevant to consider the immediate locale within which the Venue will be situated.

73. As discussed above, the Venue is located within the Northbridge Entertainment Precinct, which services not only residents and workers of the Locality but also the wider metropolitan area and visitors to Perth.

74. As the Locality hosts a significant number of persons that live outside of the area, the Applicant submits that the provision of health data relating to the Locality is of assistance in this Application.

75. The City’s “State Public Health Plan For Western Australia 2019-2024” that defines the City’s key priorities in this area as:

(a) Environment and health;

(b) Healthy lifestyles;

(c) Social health; and

(d) Emergency management.

76. In an extract from the Department of Health’s publication “Health and Wellbeing of Adults in Western Australia 2018, Overview and Trends with respect to Alcohol” (“the Health Report”). The data provided indicated that in 2018 prevalence of all persons drinking at levels associated with both short and long term harm was the lowest recorded since data collection commenced in 2002. (Page 40)

77. The Applicant supports the Alcohol Strategy set out in the Health and Wellbeing Plan.

Crime Prevention Through Environmental Design

78. The Location and design of the Venue is within the guidelines and principles outlined in the “Designing/Planning Guidelines”.

79. The Venue:

(a) is located in an area that has been zoned for its proposed use and is therefore compatible with neighbouring uses;

(b) has specific entry/exit locations for patrons, allowing areas to be easily monitored by staff and surveillance equipment;

(c) is located in a well-defined private space, well suited to meet the needs of its patrons;

(d) consists of well-designed areas that will be monitored by experienced approved managers and staff who will be responsible for monitoring patron behaviour; and

(e) assists in the passive surveillance of the streetscape along a sector of Lake Street, which is part of Northbridge’s Entertainment Precinct.

80. The Applicant will apply a strict zero tolerance policy with respect to anti- social behaviour at the Venue.

Crime

81. The City’s Safe City Strategy 2016 - 2020 (“the Safety Strategy”). This provides an overall summary of the City’s strategies to reduce crime and allow its residents to feel safe and secure, whilst still achieving the City’s objectives of having vibrant urban area with a range of services.

82. Crime statistics and summary sheets for the suburbs located in the Locality (in full or part) for the period July 2008 - June 2018 have been obtained from the WA Police website for the suburbs of Northbridge and Perth.

83. No statistics are available in relation to alcohol-related crime.

84. Any statistics provided by WA Police should be treated with caution for the following reasons:

(a) Statistics generally only refer to offences and not convictions. In the absence of statistics in relation to the rates of conviction, it is uncertain how reliable these statistics are.

(b) The Locality contains a large number of licensed venues and due to its very nature as a major destination location and it is therefore unique and cannot be compared to other suburbs in Perth.

(c) The Locality services not only the suburbs within the defined 2 km radius but also the wider metropolitan area as well as visitors. Greater masses of

people utilise licensed venues in the Locality compared to venues in suburbs in the metropolitan area.

Anti-Social Behaviour

85. The Venue will not share the following features which are sometimes associated with other similar licensed premises’ that include bar services which have been associated with alcohol-related anti-social behaviour and aggression:

(a) Unattractive, poorly furnished, poorly maintained premises give a message to patrons that the managers anticipate physical violence and associated damage to furnishings (Graham, K, Larocque, L, Yetman, R, Ross, TF and Guistre, E, (1980) “Aggression and Bar Room Environments” Journal of Studies on Alcohol, 41 pp277-297 cited in Heather, N, Peters, T and Stockwell, T. (2001) “International Handbook of Alcohol Dependence and Problems”, John Wiley & Sons, pp 721 – 740.)

A copy of chapter 37 of Heather, N, Peters, T and Stockwell, T. (2001) “International Handbook of Alcohol Dependence and Problems”, John Wiley & Sons is annexed and marked

Aggression has been significantly correlated with poorly maintained, unclean and unattractive bar environments (Hommel, R and Clarke, J, 1994 “The Prediction and Prevention of Violence in Pubs and Clubs” (Crime Prevention Studies 3, 1-46) cited in Heather, Peters and Stockwell (2001)

The Venue will have a high quality fit-out and will be well maintained;

(b) Poor ventilation and smoky air, inconvenient bar access and inadequate seating, high noise levels and over-crowding (Grahame et al 1980, Hommel and Clarke et al). The applicant in its design of the Venue has incorporated both extensive seating, as well as easily accessible bar areas.

The Venue will be well set out and ventilated;

(c) There is greater aggression when bar staff are very aggressive, and do not engage in responsible serving practices (Hommel and Clarke, 1994, etc. al)

and/or little control is exercised over patrons’ behaviour. Graham et al 1980. Aggression has been found to be more likely in bars where drunkenness is frequent (Graham et al 1980, Hommel and Clarke 1994) and where there are discounted drinks and other drink promotions.

This will not be the case at the Venue; and

(d) The availability of food (especially full meals) has been associated with reduced risk of aggression in bars (Graham, K (1985) “Determinants of Heavy Drinking and Drinking Problems – the Contribution of the Bar Environment”; Single and T Storm (EDS) “Public Drinking and Public Policy, Toronto Addiction Research Foundation” cited in Heather, N, Peters, T and Stockwell, T (2001).

A range of food options will be available until close.

86. We refer to the study “Understanding behaviour in the Australia and New Zealand

night time economy, an anthropological study by Dr Anne Fox, January 2015”. This report can be accessed at the following site: http://www.lionco.com/content/u12/Dr%20Anne%20Fox%20report.pdf (“the Fox Report”).

87. We note that the author of the Fox Report has stated at page 47:

“Distraction and a certain degree of ‘cognitive loading’ (that is, being

forced to think about something) can diminish the potential for

alcohol-related aggression …

When drinkers are engaged in an activity that is pleasurable and has

a moderate degree of difficulty, incidents of violence are rare.

Listening to live music or standup comedy, playing darts, chess or

other barroom games, karaoke competitions and tournaments all

those can serve to distract drinkers from frustration and unite them

as a group. Many young people feel they have to get drunk and then

create their own entertainment. What is needed in drinking venues

is a de-emphasis on the consumption of alcohol for its own sake and

a refocus on the entertainment and group conviviality. We need to

encourage the establishment of night time venues where alcohol is

ancillary to the entertainment, not the centre of it.”

88. It is submitted that the Venue, with its high focus on food and entertainment falls within that category of venues where the consumption of alcohol is not the primary focus for patrons.

89. Due to these features, it is submitted that the Applicant’s venue is much less likely to be associated with alcohol-related violence and aggression.

Section 38(4)(c) - Offence, Annoyance, disturbance and inconvenience

90. It is submitted that the granting of the Application will not cause offence, annoyance, disturbance and/or inconvenience to residents, business owners or persons passing through the Locality.

91. The Venue is located in the Entertainment Precinct of Northbridge, an area within the Locality that is specifically designed to attract people for liquor, entertainment and hospitality services.

92. The Venue and staff will take all reasonable steps to control the behaviour of patrons whilst at the Venue and as they enter and leave the Venue.

93. By reason of all of the foregoing, the Applicant does not envisage that any significant offence, annoyance, disturbance or inconvenience will be caused by the granting of the application.

94. The Applicant has an excellent trading history at the Existing Venue and the Applicant submits that ETP for ongoing hours will not change in how the Applicant proposes to manage the Venue with respect to the responsible service of alcohol to patrons.

Conclusion

95. The Applicant submits that it is in the public interest for the Application to be granted as:

(a) the grant will not result in harm or ill health due to the consumption of liquor;

(b) there will be no adverse impact upon the amenity of the Locality by the granting of the Application;

(c) the granting of the Application will improve the amenity of the Locality;

(d) the granting of the Application will improve the accessibility of services and appeal of the Venue to the general public;

(e) the Application is in line with the visions of the relevant planning authorities for the Locality and will support the City’s strategic plans for Northbridge; and

(f) the grant will not result in any significant antisocial behaviour, noise or disturbance through the operation of the Venue as a Tavern.

96. In all the circumstances, the Application should be granted.