Public Interest Assessment Submissions Liquorland Southern River East - Department of Local Government, Sport ...
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Liquorland (Australia) Pty Ltd
Public Interest Assessment Submissions
Liquorland Southern River East
Public Interest Assessment Submissions
Application for conditional grant of a liquor store licence
Public Interest Assessment Submissions
91380488.1 Liquorland Southern River East page 1
1 Executive Summary
Contents
1 Executive Summary 4
1.1 Grant of licence is in the public interest ............................................................... 4
1.2 Local packaged liquor requirements cannot ‘reasonably’ be met by existing
packaged liquor premises .................................................................................... 5
2 Application details – background and details 5
2.1 Applicant name .................................................................................................... 5
2.2 Application ........................................................................................................... 5
2.3 Premises name .................................................................................................... 5
2.4 Address and location of proposed premises ....................................................... 5
3 The Proposed Store 6
3.1 Nature and character of Locality .......................................................................... 6
3.2 Services and facilities of Store ............................................................................. 8
3.3 Range of products.............................................................................................. 10
3.4 Theme and décor ............................................................................................... 11
3.5 Proposed manner of trade ................................................................................. 16
3.6 Target client base .............................................................................................. 16
4 Other packaged liquor premises in Locality 17
4.1 Location of other operational retail premises ..................................................... 17
4.2 Outlet density ..................................................................................................... 18
4.3 Services provided by other premises................................................................. 18
5 Evidence of consumer requirement 20
5.1 Purchasing habits and visitation patterns .......................................................... 21
5.2 Use of Store ....................................................................................................... 23
5.3 Support for the proposed Store ......................................................................... 24
5.4 Important aspects of the Store ........................................................................... 25
5.5 Local packaged liquor requirements .................................................................. 25
5.6 Benefits from the Store ...................................................................................... 26
5.7 Concerns ............................................................................................................ 26
6 Section 36B(4) 27
6.1 The test under s36B(4) ...................................................................................... 27
6.2 The locality for the purposes of s36B(4) ............................................................ 27
6.3 Local packaged liquor requirements .................................................................. 28
6.4 Packaged liquor services currently provided by existing premises in the
locality ................................................................................................................ 29
6.5 Existing packaged liquor premises cannot reasonably meet the local packaged
liquor requirements ............................................................................................ 30
6.6 Conclusion in relation to s36B(4) ....................................................................... 30
7 Objects of the Liquor Control Act 30
7.1 Primary objects .................................................................................................. 30
7.2 Secondary objects ............................................................................................. 31
8 Public interest benefits and considerations 32
8.1 Benefits to the community and the public .......................................................... 32
9 Harm or ill health: section 38(4)(a) 34
9.1 Communities and sub-communities................................................................... 34
9.2 Social health indicators ...................................................................................... 36
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 2
1 Executive Summary
9.3 Conclusions on socio-economic status of Locality ............................................ 39
9.4 Harm minimisation strategies ............................................................................ 39
9.5 Sensitive premises audit and key stakeholder consultation .............................. 43
9.6 Conclusions regarding harm .............................................................................. 45
10 Impact on amenity: section 38(4)(b) 46
10.1 Impact on amenity.............................................................................................. 46
10.2 Traffic and access .............................................................................................. 46
10.3 Public transport .................................................................................................. 47
10.4 Parking ............................................................................................................... 47
10.5 Streetscape and atmosphere of the area .......................................................... 47
10.6 Noise and anti-social behaviour ......................................................................... 48
10.7 Security of the area ............................................................................................ 48
11 Offence, annoyance, disturbance or inconvenience: section 38(4)(c) 49
12 Tourism, community or cultural matters: section 38(4)(ca) 49
13 Conclusion 50
14 References 50
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 3
1 Executive Summary
1 Executive Summary
Liquorland (Australia) Pty Ltd (Liquorland) is applying for the conditional grant of a liquor
store licence (Application) at premises (Store) within the new Southern River Square
Shopping Centre in Southern River (Centre). The key aspects of the Application are as
follows.
1.1 Grant of licence is in the public interest
Liquorland submits that the demonstrated benefits of the operation of the proposed Store
outweigh the minimal risks and that it is in the public interest for the Application to be
granted.
(a) As part of the Centre, the Store will:
(1) consistent with the contemporary expectations and standards of
packaged liquor consumers, provide one-stop shopping convenience
in conjunction with shopping at other retail outlets in the Centre,
including a Coles supermarket. Currently, residents in close proximity
to the proposed Store need to travel to either the BWS or Aldi stores
(2.6km to the north) or Liquorland (3.8km to the west) to access
combined grocery and packaged liquor facilities;
(2) as part of a Neighbourhood Activity Centre (NAC), service the daily
and weekly convenience needs of a catchment area including new
and expanding residential developments,1 which when fully completed
will service approximately 30,310 people living within the Locality,
including over 10,000 residents already residing in Southern River
(mostly in Southern River West)2;
(3) contribute to the amenity of the area, particularly by providing a focal
retail point for the local community and minimising consumer travel;
and
(4) enable residents who are patrons of Coles and Liquorland to shop
locally.
(b) The results of the DAA survey show that a large majority of local residents
support the Store and would use the Store and the Centre regularly for some or
most of their packaged liquor purchases. A large proportion of survey
respondents indicated that they saw benefits arising from the Store, mainly
relating to convenience and its location.
(c) Evidence from Coles Liquor’s State Manager, and from various independent
experts, uniformly confirms that the grant of the Application would be consistent
with contemporary standards, expectations and shopping habits, and planning
objectives.
(d) The evidence indicates that the Locality currently experiences lower harm levels
than the State.3 As is elaborated on in the submissions below, Liquorland is
confident that, based on the evidence, if it is necessary to apply the Carnegies
test at all (which is disputed) the Store is unlikely to increase alcohol-related
1
Including Ambia: https://ambialand.com.au/media/2255/lws1188-ambia-brox_12pp_aw-web.pdf (accessed November
2020); Riverbank Estate: https://riverbank.net.au/location (accessed November 2020); Holmes Central Estate:
https://www.land4salewa.com.au/Land4Sale/media/DOCUMENTS/Our%20Land/Holmes%20Central/Holmes_Central_Estat
e_Plan.pdf (accessed November 2020)
2
MGA Report paras 6.3 and 6.8
3
Bodhi report, p 47
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 4
2 Application details – background and details
harm or ill-health in the local community to unacceptable or undue levels. Even
if any harm does arise, Liquorland has store specific security measures and
harm minimisation policies and practices to mitigate against the risks associated
with the operation of the Store.
1.2 Local packaged liquor requirements cannot ‘reasonably’ be met by
existing packaged liquor premises
(a) Section 36B(4) of the Liquor Control Act (Act) requires the Licensing Authority
to be satisfied, in effect, that there is a local packaged liquor requirement (a
subjective matter) that cannot ‘reasonably’ be met by existing premises (an
objective matter which involves questions of what is sensible and moderate,
and is to be judged having regard to contemporary standards, expectations and
shopping habits, and the circumstances and evidence in each case).
(b) There is comprehensive evidence establishing a subjective consumer
requirement for this Store.
(c) The objective element of s36B(4) is also satisfied, because the existing local
liquor stores (all located more than 2.5km away) cannot reasonably meet the
demonstrated local packaged liquor requirements of existing and future
residents consistent with, and reflecting, contemporary consumer standards,
expectations and shopping habits.
2 Application details – background and details
2.1 Applicant name
Liquorland (Australia) Pty Ltd.
2.2 Application
Liquorland applies for the conditional grant of a liquor store licence at premises in the
new Southern River Square Shopping Centre to be constructed at the corner of Holmes
Street and Southern River Road, Southern River.
2.3 Premises name
If the Application is approved, the Store will trade as Liquorland Southern River East.
2.4 Address and location of proposed premises
The Store will be located inside the Centre, adjacent to the Coles Supermarket. The
Centre is within the City of Gosnells (City) and is in the metropolitan area for the
purposes of the Act. The Centre is part of the Southern River East activity centre, a
designated NAC according to State Planning Policy 4.2. NACs are intended to serve a
population of between 2,000 to 15,000 persons, containing supermarkets, convenience
shops and personal services. Packaged liquor is a convenience good, suited to this level
of the retail hierarchy.4
4
MGA Report, paras 5.3-5.6.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 5
3 The Proposed Store
3 The Proposed Store
Summary
The Locality is a high growth area, comprised of an established residential area
and new housing developments.
The Store is a convenience style outlet that will enable local consumers to
purchase packaged liquor in conjunction with grocery items at the adjacent Coles
supermarket.
3.1 Nature and character of Locality
According to Attachment 2: ‘Specification of Locality’ to the Director of Liquor Licensing’s
Public Interest Assessment Policy, for the purposes of assessing the public interest and
impact on amenity, the Store’s locality is, prima facie, the surrounding area within a 3
kilometre radius (Locality). This is due to Southern River’s designation as an outer
metropolitan suburb based on it being around 19km from the Perth CBD.
The Locality, thus defined, partially or wholly includes the suburbs of Southern River,
Canning Vale, Thornlie, Huntingdale, Gosnells, Forrestdale, Harrisdale and Champion
Lakes. It comprises both older, established suburbs (such as Gosnells, Huntingdale and
Thornlie) as well as newer, developing suburbs.
MGA notes that the Locality overall is expected to experience significant growth over the
coming decade and features land zoned for new urban development, which is in the
process of being developed as planned.5 Land in new residential estates is currently for
sale in Ambia, Riverbank Estate and Holmes Central, all in close proximity to the Centre.
Developers of the new residential estates have received feedback from purchasers that
the Centre was crucial in their decision to purchase a home in the area,6 and that the
area is undersupplied with convenience retail outlets including liquor stores 7.
The extent of development in proximity to the Centre can be seen from the aerial
photograph below in the MGA Report.8
5
MGA Report, paras 4.3 and 4.7
6
Submission in Support of Application – Ridgewood East Development (Holmes Central); Submission in Support of
Application – LWP Southern River (Ambia Estate)
7
Submission in Support of Application – Terranovis (Riverbank)
8
MGA Report, Figures 3 and 4.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 6
3 The Proposed Store
In 2016, the Locality had a population of 30,310, which is a significant rise of 19.35%
above the 2011 population, and in 2018-2019, the areas of Forrestdale, Harrisdale (both
within the Locality) and Piara Waters was identified as the second largest growth area in
Western Australia.9 The population growth is expected to continue at a similar rate over
the coming decade.10 The 2031 population of the Locality is likely to be 87,224, with the
forecast population of Southern River East expected to increase by 687.2% to 10,950.11
The population growth in the locality is significant when compared to the projected
population increase for Western Australia, which is only 0.7 to 1.7% per year.12
The Store will assist to ensure that the growing population are able to avail themselves of
full consumer services in the Locality, including packaged liquor.
9
https://www.abs.gov.au/statistics/people/population/regional-population/2018-19#key-statistics; MGA Report, para 6.2
10
MGA Report, para 6.2.
11
MGA Report, para 6.8.
12
https://www.abs.gov.au/statistics/people/population/population-projections-australia/latest-release
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 7
3 The Proposed Store
3.2 Services and facilities of Store
The Store will be a browse only, convenience liquor store operated as a typical
Liquorland store but will likely be the first Liquorland store in Western Australia to adopt
the new black and white store design and other changes (see below).
The Store will be located wholly within the Centre, adjacent to the Coles supermarket and
will have both an entrance from the mall area of the Centre and an entrance adjacent to
the supermarket entrance – with no direct external entrance.
Importantly, for security reasons, the service counter will be in a position to allow team
members to have a direct line of sight and observe customers using either entrance/exit.
The Store has also been designed to be uncluttered (with minimal shelves in the middle
of the floor space), which will allow team members maximum supervision of the entire
Store.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 8
3 The Proposed Store
The Store will have a footprint that is consistent with convenience packaged liquor
premises of this nature and location, with a total licensed area of 197m2 comprised of:
selling area of 151m2;
cool room area of 33m 2; and
stock area of 13m2,
as shown on the general layout plan submitted with this Application.
The location of the Store within the Centre can be seen on the Centre plan below.
If the Application is granted, the Store will be operated by Coles Liquor as part of its
national chain of Liquorland stores. Coles Liquor places great emphasis upon the
provision of services for its customers in a consumer friendly way that also enhances
harm minimisation. The Store will have the following facilities, which are common to
Liquorland stores:
an excellent selection of beers, wine and spirits available at competitive prices;
a cool room, with glass door and trolley access, for the storage and selection of
cold beers, wine and ciders;
shelving will line the walls and carry a wide range of products;
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 9
3 The Proposed Store
display units, including for Liquorland advertised specials, which are located
within the floor display area;
a modern, customer friendly fit out, designed to allow for easy browsing and
selection of purchases;
multiple cash registers to accept purchases, with EFTPOS and all major credit
card facilities;
appropriate staffing levels to ensure a high quality service at all times, particularly
during peak trading periods; and
regular wine tasting sessions will be held in the Store.
3.3 Range of products
The range of products will be specifically selected for the Store and the target clientele of
the Store, and will vary from time to time to reflect customers’ preferences, based on
evolving insights and sales data. As a new ‘black and white’ store (see below), the range
at the Liquorland Southern River East Store will differ from that of the existing ‘red and
yellow’ Liquorland Southern River store in the following ways: 13
the product mix will be varied to increase range in high growth categories, such
as local craft beer, boutique spirits and international beers; and
the Store will carry an Australian organic wine range, in response to the
increasing demand for organic alcohol options14
The anticipated range of liquor that will be stocked at the Store can be roughly divided
into the following categories: 15
Category Percentage Range Focus
Wine 58% The Store will have an expanded range of Australian
Rosè, lighter style reds (i.e. Tempranillo, Sangiovese
and Grenache) and an expanded range and dedicated
shelves for WA Sauvignon Blanc, Chardonnay, Shiraz,
Cab Sav, Cab Merlot.
Spirits 16% The Store’s new range will be focused on local
boutique gin suppliers, with a shelf dedicated to WA
gin in all Black and White stores.
Beer 14% The Store will have an increased focus on local WA
craft beers.
RTDs (ready to drink 11% There will be an expanded range of vodka and gin
products) RTDs and Seltzers, due to an increase in customer
preference/seeking healthier alternatives.
13
Statement of Nick Smith, para 58
14
https://insidefmcg.com.au/2020/10/21/coles-launches-new-organic-wine-range-across-its-liquor-chains/ (accessed
December 2020)
15
Statement of Nick Smith, para 12
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 103 The Proposed Store
The Store will continue to carry Liquorland’s usual extensive range of Australian and
international beers, wine and spirits, including all advertised Liquorland specials. In
addition to popular brands, Liquorland’s core range includes almost 400 products
exclusive to Coles Liquor stores, including around 140 locally West Australian produced
wines,16 many of which are award winning.17 Early trends from the ‘black and white’ trial
stores indicate that customers who shop at this new format show an increased
requirement for exclusive brands (particularly wine) and local products.18 An indicative list
of specific local WA products that will be stocked at the Store is included in the statement
of Coles Liquor’s State Manager.19The Store will also carry ancillary non-liquor products
such as soft drinks, ice, snacks, bar accessories, giftware and cigarettes.
3.4 Theme and décor
Coles Liquor has been continuing to develop and refresh the Liquorland store design to
ensure that Liquorland remains at the forefront of customer service in Australia. If this
Application is granted, the proposed Liquorland Southern River East will become one of
the first stores in Western Australia to feature Liquorland’s new store design.
The Store will be fitted-out in accordance with the new ’black and white’ theme which has
been designed to appeal to a more sophisticated clientele, deliver a more relevant, local
range and position Liquorland as a local specialist.
In addition to the new typography and colours, the key features of the new design
include:20
clear signage defining categories, subcategories and calling out important
product attributes (eg organic wines)
category zones, such as ‘Wine Region’, ‘Beer District’ and ‘Spirits Trail’, to help
customers easily find what they are looking for and make shopping easier
dedicated spaces to feature locally sourced, craft and boutique products
displays to encourage browsing and exploration of new products
clearer pricing, with whole bays marked with a single price
Some of the other new design measures adopted to improve the consumer experience
include:21
16
Statement of Nick Smith, para 14.
17
Statement of Nick Smith, para 15
18
Statement of Nick Smith, para 63
19
Statement of Nick Smith, para 59
20
Statement of Nick Smith, para 57
21
Pictures are examples only.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 113 The Proposed Store
The new black
and white
aesthetic
appearance of
the Store will
continue to be
immediately
recognisable as
a ‘Liquorland’,
easily
distinguishable
from other
liquor stores.
The new design
conveys a more
distinguished
brand than
previously and
appeals to
today’s more
discerning
customer.
The Store will
have
redesigned
signage, such
as the ‘Beer
District’ and
‘Spirits Trail’,
allowing
consumers to
easily identify
where their
preferred
varieties of
product are
located.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 123 The Proposed Store
The re-
modelled ‘Wine
Region’
signage
improves
customers’
ability to
navigate
between red
and white wine
and also
varieties and
blends.
The Store will
include a
specific section
for local
Western
Australian
wines to make
this store more
locally relevant
for customers
and providing
another avenue
to market for
local producers.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 133 The Proposed Store
The new design
will also include
dedicated
spaces
featuring locally
sourced, craft
and boutique
beer.
The cool room
at the Store has
been
specifically
designed to
allow easy
access and
navigation for
consumers with
trolleys, as it
features a wide
path and
accessible
chilled product
lines.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 143 The Proposed Store
To cater for the
increasing
consumer
requirement for
online shopping
the store will
have a clearly
signed and
designated
area for
customers who
purchase liquor
online and wish
to collect their
products in
store.
The internal fit-out of the Store has been specifically designed to enhance and increase
consumer amenity. Feedback from customers on the ‘black and white’ trial stores has
been positive, with 77% of shoppers saying they’re more likely to visit the store.22
Examples of specific customer feedback include:23
“Looks great, I was surprised, looks classy”
“Looks very trendy, a bit more boutique like”
“Very on trend branding and much better than previous branding”
“I liked the clear pricing and range of options”
22
Statement of Nick Smith, para 61
23
Statement of Nick Smith, para 62
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 153 The Proposed Store
3.5 Proposed manner of trade
The Store’s trading hours will be mostly aligned with the adjacent Coles supermarket,
which will trade as follows:24
Days Hours
Monday to Friday 8am – 9pm
Saturday 8am – 5pm
Sunday 11am – 5pm
Liquorland has applied for approval to trade during all permitted metropolitan liquor store
trading hours to cater for flexibility during peak trading periods, such as Christmas.
However, because it does not have an external entrance, the Store will be unable to open
at times the Centre is not trading.
3.6 Target client base
Liquorland’s customers are generally convenience shoppers who purchase alcohol as
part of their weekly grocery shop. As part of this Liquorland looks to provide everyday
value for its customers. This includes providing value for individual items, like a single
bottle of wine to accompany a meal, rather than focussing on bundle buys or bulk
purchases.
The target clientele of the Store will be local residents who buy liquor as part of their
shopping at the Centre, consistent with modern packaged liquor consumer expectations.
The Store will provide consumers with a one stop shopping option which is not presently
available to consumers living within 2km of the Store.
Between H1 FY2020 and H1 FY2021, the Coles Group reported a 90% increase in online
liquor sales,25 highlighting that increasingly, Liquorland customers are shopping online to
purchase their liquor, with this trend accelerating as a result of the recent COVID-19
pandemic and the need to ‘socially distance’.26
Due to its co-location with the Coles supermarket, the Store will facilitate combined online
grocery and liquor purchases, either for delivery or ‘Click and Collect’.27 As can be seen
from the Centre plans, there is ample on-site parking with bays located near the Coles/
Liquorland Centre entrance that will be dedicated to collection of such purchases.
The requirement for these services are supported by the DAA survey data, in which
nearly a third (28%) of respondent purchasers thought they would have a need to utilise
this service in the future.28 This is consistent with ecommerce research that forecasts
24
Statement of Nick Smith, para 55.
25
Coles Group 2021 Half Year Results Presentation dated 17 February 2021, available at:
https://www.colesgroup.com.au/investors/?page=asx-announcements
26
Statement of Nick Smith, para 22
27
Statement of Nick Smith, para 64
28
DAA Report, para 50(c)
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 164 Other packaged liquor premises in Locality
online sales will have grown by 40% in 2020 and are expected to double by 2024, and
Coles reporting a 73% increase in online sales for delivery and ‘Click and Collect’ in the
first quarter of 2020.29
4 Other packaged liquor premises in Locality
Summary
There are currently six packaged liquor premises in the Locality, and no existing
premises within 2km of the proposed Store.
4.1 Location of other operational retail premises
The nearest packaged liquor premises are located almost 3km to the north and northeast
respectively by road from the proposed Store.30 For people living to the south of Southern
River Road, including residents of the new estates, the distance will be even greater.
Store Address Licence type Distance from Store
(by road)
BWS The Vale 271 Amherst Liquor store 2.6km
Road, Southern
River
Dan Murphy’s at Corner of Warton Tavern 2.6km
Brooklands Tavern Road and Holmes
Street, Southern
River
Aldi Southern River 346 Warton Road, Liquor store 2.6km
Southern River
Ashburton Liquor Store 68 Ashburton Liquor store 2.9km
Drive, Gosnells
Cellarbrations 5 Pipit Close, Liquor store 2.9km
Huntingdale Forum Huntingdale
Liquorland Southern Bristle Avenue, Liquor store 3.8km
River Southern River
29
Bodhi Report, p 43
30
MGA Report, para 9.2
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 174 Other packaged liquor premises in Locality
The location of the Store and other packaged liquor premises in the Locality can be seen
on the map from the MGA Report below.31
All of the existing packaged liquor outlets are located towards the outer boundary of the
Locality to the north and north-east of the proposed Store and due to road configuration
are not readily accessible to residents in Southern River East, including residents of the
emerging residential estates. The only store located south of Southern River Road is
located across the river, with the only access being available via Southern River Road.32
4.2 Outlet density
The Locality therefore has low outlet density for the existing (with 6 stores catering for a
population in excess of 30,000) and projected population,33 and very low outlet density
within 2km of the Store.
4.3 Services provided by other premises
Based on MGA’s review of the existing packaged liquor premises,34 the analysis
conducted by Coles Liquor’s operational team,35 and evidence from Bodhi Alliance,36
there are various points of difference between the existing premises and the proposed
Store as outlined in the table below. The existing liquor stores within the Locality also
service different catchments to the proposed Store.
31
MGA Report, Figure 1.
32
MGA Report, para 4.4.
33
Bodhi Report, p 47
34
MGA Report, sections 5.9 and 10.
35
Statement of Nick Smith, Annexure 12.
36
Bodhi Report, section 2.7
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 184 Other packaged liquor premises in Locality
Premises Service provided Differences with Store
Bottle’O Ashburton Small (60m2), browse-style Older looking store focused
store in small neighbourhood on mainstream beer and
shopping centre with no RTDs. Craft beer options are
supermarket and a significant limited and are only available
number of empty retail to purchase as a 6 pack, with
spaces. no mix and match options
ticketed. Wine range is
limited and at lower end of
the market with only basic
mainstream Margaret River
wines. The cool room is not
accessible to the public.
The store does not facilitate
combined grocery and
packaged liquor purchases,
nor does it offer online
ordering, delivery or ‘Click
and Collect’ services.
The store services the
localised catchment to the
east of Southern River. Does
not provide a sufficient level
of accessibility for existing
and future residents in
Southern River East.
Cellarbrations Huntingdale Browse-style, stand-alone Services local residents in
store in shopping centre the suburb of Huntingdale.
carpark. Small IGA Access for residents of
supermarket located in Southern River East is
centre. constrained by its location
across the river only
accessible via Southern
River Road.
The store does not offer a
large selection of spirits and
has a smaller emphasis on
craft beer and local wine
than the proposed Store.
Craft beer options are only
available to purchase as a 6
pack, with no mix and match
options.
Dan Murphy’s at Brooklands Large format outlet adjoining Older looking store that
Tavern tavern. functions as a destination
outlet servicing the entire
Locality plus suburbs further
to north.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 195 Evidence of consumer requirement
Premises Service provided Differences with Store
BWS The Vale Supermarket (Woolworths) Services local residents in
co-located store inside Vale Canning Vale, western
Shopping Centre Thornlie and Huntingdale.
The store’s range is more
generic and the range of
wines offered has less focus
on local wines. The store
does not offer a large
selection of spirits.
Aldi Very small (20m2) store Very small range of non-
inside supermarket. chilled products, many with
obscure labels. Greater
focus on international wines
with little to no focus on local
products. The store does not
offer craft beers or premium
spirits.
The store services Aldi
shoppers and local residents
in Canning Vale, western
Thornlie and Huntingdale.
The store does not offer
online ordering, delivery or
‘Click and collect’ services.
Liquorland Southern River Supermarket (Coles) co- No direct access from
located store inside Southern supermarket. Old ‘red and
River Shopping Centre yellow’ design and range.
Services local residents in
Southern River West. Sales
mainly mainstream beer and
RTDs.
There is also evidence that the parking and traffic conditions at some of the existing
packaged liquor premises in the Locality are problematic.37
5 Evidence of consumer requirement
Summary
The Store enjoys strong support from residents of the Locality.
A large number of residents of the Locality would use the Store regularly.
37
DAA Report, Annexure Table 103.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 205 Evidence of consumer requirement
Dr John Henstridge of Data Analysis Australia Pty Ltd, a mathematics and statistics
consultancy, was engaged by Liquorland to design and analyse a survey of residents in
the Locality. The survey was aimed at assessing consumer requirements and public
support for the grant of the Application.
DAA engaged Thinkfield, an ISO 20252 accredited survey services company, to conduct
the survey on its behalf. Thinkfield conducted 312 door-to-door surveys, the results of
which were analysed by DAA in their report entitled ‘Survey Concerning a Proposed
Liquorland Liquor Store in Southern River’ dated December 2020 (DAA Report).
The results presented in the DAA Report show that residents of the Locality strongly
support the grant of the Application. While the results in the DAA Report are relied on in
their entirety and are referenced throughout these submissions, the key results have
been summarised below.
5.1 Purchasing habits and visitation patterns
As the Centre is not yet open, the survey focused on the likely behaviour of residents and
their usage of the Centre and Store, their packaged liquor requirements and what might
be necessary to meet those requirements.38
(a) Frequency of packaged liquor purchases
Purchased packaged 62%
liquor in last 12 months
Purchase packaged 44%
liquor at least monthly
This is lower than the rate observed by Dr Henstridge in similar surveys, 39
possibly due to the above average Muslim and Buddhist population in the
Locality who identify as non-drinkers.40 Nonetheless, it suggests that there are a
large number of regular packaged liquor consumers in the Locality.41
(b) Likely visitation to the Centre
The Locality is currently served by several shopping centres. Which centre, and
supermarket, is used depends on where people reside. Most residents tend to
shop at the nearest convenient supermarket.42 As there is currently no local
centre, residents closest to the proposed Store (defined by DAA as the Inner
Region,43 approximately a 2km radius surrounding the Store) currently shop at
a variety of centres. This is likely to change when the Centre is built. 44 In the
Inner Region, 71% of those surveyed thought the Centre would become their
38
DAA Report, paras 21, 31(b) and (c)
39
DAA Report, paragraph 43
40
Bodhi Report, pp 20 and 31
41
DAA Report, para 44
42
DAA Report, paras 37-38.
43
DAA Report, para 33(c).
44
DAA Report, para 38.
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 215 Evidence of consumer requirement
main shopping centre and 83% thought they would use it at least weekly. 45 The
high response rate in the Inner Region may indicate that there is currently an
unmet retail demand in the area.
Reinforcing this inference, a majority of all respondents (58%) would expect or
would want a liquor store in the Centre.46 This rose to 82% for purchasers of
packaged liquor. These responses indicate that most people believe that a
liquor store is one of the key facilities that a contemporary neighbourhood
shopping centre should have.47
The area to the southeast of the proposed Store is currently largely
undeveloped but is to be developed in coming years. Southern River Square
will be the closest shopping centre for most of these future residents, especially
since the Tonkin Highway imposes a barrier for them to access other services.
(c) Reasons for, manner and location of packaged liquor purchases
The most common reasons for purchasing takeaway alcohol was for home use
(95% of purchasers), special occasions (64%) and as a gift (52%) or for BYO
when dining out (35%).48
The survey results establish that local residents like to shop in a ‘destination’
store like Dan Murphy’s but also tend to use a smaller local store, with larger or
more specialist purchases being made at a destination store and smaller
purchases, or those made under time pressure for which convenience (or
shopping efficiency) is important, being made at local stores.49
There is a strong correlation between which supermarket residents use and
where they purchase alcohol (except when using the Dan Murphy’s):
(1) If they shop at ALDI then they are more likely to also purchase alcohol
there at least some of the time.
(2) If they shop at Coles in Southern River, they are more likely to use the
adjacent Liquorland Southern River.
(3) If they shop at Woolworths Southern River, they are more likely to
purchase alcohol at the BWS Southern River in the same shopping
centre, even though the Dan Murphy’s is less than 200 metres away. 50
Consistent with this, a very large proportion of purchasers (92%) thought the
proposed Store would be useful for small packaged liquor purchases. 51
A separate trip to purchase was the most common way purchasers currently
purchase packaged liquor.52 However, almost half sometimes purchase it at the
same time (and under the same roof) as where they did their supermarket
shopping. For almost a third, this was their main way to purchase packaged
liquor.53
45
DAA Report, para 40(a)
46
DAA Report, para 41(e)
47
DAA Report, para 42
48
DAA Report, para 49(c)
49
DAA Report, para 45(c)
50
DAA Report, para 46
51
DAA Report, para 57(a)
52
DAA Report, para 50(a)
53
DAA Report, para 50(b)
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 225 Evidence of consumer requirement
5.2 Use of Store
A large number of respondents stated that they would use the Store regularly (55%). Of
those who currently purchase packaged liquor, 83% stated they would use the Store. 54
Almost half (48%) of the respondents who purchase packaged liquor thought they would
use the proposed Store at least monthly. In the Inner Region, support rose to 54%.55
Most people thought they would purchase “some’ (64%) or “most” (17%) of their
packaged liquor at the Store.56
Further, 72%57 of purchasers who think that Southern River Square will become their
main shopping centre are likely to use the proposed Store at least monthly.
54
DAA Report, para 59 and Table 49.
55
DAA Report, para 59 (b)
56
DAA Report, para 55
57
DAA Report, para 59
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 235 Evidence of consumer requirement
The usage of the Store is very closely linked to the Centre and the Coles supermarket.
76% of respondents stated they would use the Store as well as other stores at the Centre
on the same trip.58
The above responses show that the Store will be well used by packaged liquor
consumers in the Locality.
5.3 Support for the proposed Store
There was strong support for the Store from survey respondents. The number of
respondents who support the Store (71%) outweigh those who oppose the Store (19%)
by a factor of nearly four to one. This rose to 87% in support and 8% in opposition for
purchasers of packaged liquor only. 59 Even amongst non-purchasers of alcohol,
supporters outnumber those opposing the store,60 and opposition was less than it often is
in similar surveys.61
Dr Henstridge of DAA noted that:
'When compared with similar surveys I have conducted, this is a very high level
of support.'
58
DAA Report, para 57(f)
59
DAA Report, para 51(a)
60
DAA Report, para 58
61
DAA Report, para 53(a)
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 245 Evidence of consumer requirement
5.4 Important aspects of the Store
To gauge the aspects of the proposed Store that residents view as being important, a
number of statements were read to the survey respondents (in random order), who were
asked whether they agreed or disagreed with the statement. The following are the key
results:62
92% of respondents thought it would be useful if they needed to make small
purchases, such as a bottle or two of wine, or a six pack of beer, perhaps at the
last minute;
91% of respondents thought it would be useful to take their trolley in there
(including in the cool room);
90% thought it would be useful having the cool room;
76% thought they would purchase their takeaway liquor in-store at the same
time as doing their grocery or other shopping
71% thought it would be closer to home (94% for those in the Inner Region);
68% thought it would be easier to access than their current stores (79% for
those in the Inner Region); and
23% thought they wouldn’t have to drive to get their packaged liquor.
These results clearly show that local residents value the convenience nature of the Store,
both in terms of its services (including shopping efficiency), its relationship with the Coles
supermarket and its proximity to where people live.
5.5 Local packaged liquor requirements
The survey results establish a requirement for purchasing from different types of liquor
stores at different times,63 with a demonstrated requirement for both destination outlets
(for larger or more specialist purchase) and local convenience outlets (for smaller
purchases).
62
DAA Report, para 57
63
DAA Report, para 48
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 255 Evidence of consumer requirement
There is an expectation, particularly amongst packaged liquor purchasers, that the local
shopping centre will include a liquor store. Indeed, amongst consumers who will use the
Centre, 82% expect that the Centre will include a liquor store.64
There is an existing and future requirement for a local convenient packaged liquor
premise at the Centre, for at least some purchases. More specifically, there is a
requirement (and expectation) for a supermarket associated liquor store at the Centre to
facilitate combined grocery and packaged liquor purchases (ie one-stop, or even one-
trolley shopping), both online and in store. This requirement is consistent with, and
reflects, contemporary consumer standards, expectations and shopping habits.
5.6 Benefits from the Store
In addition, respondents were asked if the proposed store would provide any benefits, or
any concerns, to themselves or the community.
A majority (62%) of respondents that purchase takeaway liquor thought they would
receive a benefit from the Store, with the main benefits relating to convenience (or
shopping efficiency), including being able to shop there at the same time as shopping at
other stores in the Centre, it would contribute to the full range of services in the area and
choice of liquor stores available.65
As noted by DAA, the responses show that there is a strong level of support for the
proposed Store and demonstrate an appreciation for the benefits the Store could provide
the community as a whole.66
5.7 Concerns
A minority of the respondents to the surveys (29%) had some concerns with the Store,
predominately related to:
(a) increasing anti-social behaviour (12% of all survey respondents); and
(b) there already being enough liquor stores in the area (9% of all survey
respondents) 67
Whilst these are commonly held perceptions among a minority of survey respondents in
many areas, they are not supported by the evidence specific to the circumstances of this
Application. In particular:
(c) the Store will discourage risky drinking practices, via its management
practices and the RSA materials that will be displayed at the Store, as
shown on the plans;
(d) the Store’s location (ie entirely internal at a shopping centre), the tight
security measures to be implemented at the Store, and Coles Liquor’s
harm minimisation policies, should minimise any prospect of the Store
contributing to anti-social behaviour; and
(e) outlet density within the Locality is low, with no other liquor stores within
2km of the proposed Store.
64
DAA Report, para 42
65
DAA Report, para 61
66
DAA Report, para 61(b)
67
DAA Report, para 62
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 266 Section 36B(4)
6 Section 36B(4)
6.1 The test under s36B(4)
Section 36B(4) of the Act requires a consideration of the following issues:
(1) What are the local packaged liquor requirements?
(2) What packaged liquor services are currently provided by the existing
premises in the locality? and
(3) Can the existing packaged liquor premises in the locality reasonably
meet those local packaged liquor requirements?
In effect, s36B(4) of the Act requires the Licensing Authority to be satisfied that there is a
local packaged liquor requirement which cannot reasonably be met by existing premises.
This involves subjective and objective elements. Firstly, a local packaged liquor
requirement needs to be identified. That is a subjective matter. Secondly, can the local
packaged liquor requirement ‘reasonably’ be met by existing packaged liquor premises in
the locality? That is an objective matter.
The word ‘reasonably’ imports a degree of objectivity; it means ‘sensible, not absurd, or
ridiculous ….not going beyond the limit of reason….not extravagant or excessive,
moderate.’
The objective exercise of determining whether local packaged liquor requirements cannot
reasonably be met by existing premises cannot be determined in a vacuum. The
assessment will involve a value judgment to be made in accordance with the evidence
led in each case, and the Licensing Authority must have regard to evidence of
contemporary standards, expectations and shopping habits when making that objective
assessment.68
Taking into account all of the above matters, Liquorland submits that ‘cannot reasonably’
requires the Licensing Authority to assess whether local packaged liquor requirements
cannot be met by existing premises in a way that is sensible, moderate or rational, having
regard to evidence of contemporary standards, expectations and shopping habits. That
involves questions of degree about which value judgments must be made.
In making a value judgment as to whether the local packaged liquor requirements cannot
reasonably be met by existing packaged liquor premises in the locality, consideration
should be given to the following:
(a) the existing packaged liquor premises in the locality;
(b) distribution of the existing premises; and
(c) ease of access to the existing premises.
This is not an exhaustive list and the value judgment will be guided by the facts and
circumstances of each application and the evidence presented by the applicant. 69
6.2 The locality for the purposes of s36B(4)
The phrase ‘local packaged liquor requirements’ is defined, in section 36B(1), to mean
‘the requirements of consumers for packaged liquor in the locality in which the proposed
68
Liquorland v Austie Nominees (1999) 20 WAR 405 at pp 411, 415, Downes Family Trust v
Woolworths (WA) Pty Ltd [2001] WASCA 382 at [17], [24]
69
BWS Inglewood A775076681 at [36].
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 276 Section 36B(4)
licensed premises are, or are to be, situated’. However, ‘locality’ is not a defined term in
the Act.
According to the Licensing Authority’s Public Interest Assessment Policy, for the
purposes of assessing the public interest and impact on amenity, the Store’s locality is,
prima facie, the surrounding area within a 3 kilometre radius, being the area most likely to
be affected by the grant of the Application. However, the locality for the purposes of s38
is not necessarily the same as the locality for the purposes of s36B.
The locality for the purposes of s36B(4) is focussed on meeting local packaged liquor
requirements and is used to identify the existing packaged liquor premises. The extent of
the locality will depend on the circumstances of each case. The consumer catchment for
the Store and existing premises will be relevant to determining the Locality.
As the Store is co-located with a Coles supermarket, liquor sales are assumed to follow a
similar trade distribution to the supermarket. For example, at the existing Liquorland
Southern River store, around 48% of trade comes from purchasers resident within 5-10
minutes’ drive-time from the store. The adjacent Coles supermarket attracts 49% of its
trade from the same area. It is forecast that a similar level of trade (49%) for both the
Liquorland Southern River East store and Coles supermarket will come from within a
similar area, which equates to around a distance of 2km (direct).70 For this Application, it
is therefore submitted that the appropriate locality for the purposes of s36B(4) is a 2km
radius surrounding the Store.
Evan if a 3km locality is used, the outlet density for the locality would still be considered
low, with only 6 stores catering for an existing population in excess of 30,000, and
significant growth in population expected over the coming years. 71 Based on distribution
and accessibility of the existing premises (none of which are located with 2.5km from the
proposed Store),72 Liquorland submits that this Application satisfies the requirements of
s36B(4) regardless of how the locality is defined for the purposes of this provision.
6.3 Local packaged liquor requirements
There is ample evidence about the local packaged liquor requirements.
Firstly, the DAA survey revealed a high number of regular packaged liquor purchasers
amongst residents within the Locality (62% of door-to-door respondents have purchased
packaged liquor in the last 12 months and 44% do so at least monthly73).
The survey results also establish a requirement for purchasing from different types of
liquor stores at different times,74 with a demonstrated requirement for both destination
outlets (for larger or more specialist purchases) and local convenience outlets (for smaller
purchases).75 A very large proportion of purchasers (92%) thought the proposed Store
would be useful for small packaged liquor purchases. 76
In addition, packaged liquor consumers in the Locality have a requirement for a liquor
store at the Centre which provides the opportunity for combined grocery and packaged
liquor purchases. As outlined above, the DAA survey results indicate that 76% of
70
Statement of Nick Smith, para 54
71
Bodhi Report, p 47
72
See section 4 above.
73
DAA Report, para 43
74
DAA Report, para 48
75
DAA Report, para 64
76
DAA Report, paras 48 and 57(a)
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 286 Section 36B(4)
respondents thought that it would be convenient to shop there at the same time as using
other stores in the Centre.77
The demonstrated requirements of local residents for a convenient store for small
packaged liquor purchases or combined grocery and packaged liquor purchases within
close proximity will likely increase as consumers move into the new residential estates
within close proximity of the Centre.
There is therefore an existing and future requirement for a local convenient packaged
liquor premise at the Centre, for at least some purchases. More specifically, there is a
requirement (and expectation) for a supermarket associated liquor store at the Centre to
facilitate combined grocery and packaged liquor purchases (ie one-stop, or even one-
trolley shopping), both online and in store. These requirements are consistent with, and
reflect, contemporary consumer standards, expectations and shopping habits.
6.4 Packaged liquor services currently provided by existing premises in
the locality
There are no existing packaged liquor premises within the (2km) locality, as can be seen
from the map below.
77
DAA Report, Para 57(f).
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 297 Objects of the Liquor Control Act
6.5 Existing packaged liquor premises cannot reasonably meet the local
packaged liquor requirements
There are currently no packaged liquor premises trading within the (2km) locality. For this
reason alone the requirements of the public for packaged liquor (itself) in the locality
cannot reasonably be met.
Further, there are currently no packaged liquor premises which can meet the
demonstrated requirements of local residents for a convenient store for small packaged
liquor purchases or combined grocery and packaged liquor purchases within close
proximity. It is likely this requirement will increase as more consumers move into the new
residential estates close to the Centre. The existing packaged liquor premises outside the
locality are not easily accessible for the current residents, nor the future residents of the
Ambia and Riverbank Estate developments in Southern River East/ south of Southern
River Road.
Liquorland submits, regardless of how the locality is defined, the existing packaged liquor
premises cannot reasonably meet the local packaged liquor requirements.
6.6 Conclusion in relation to s36B(4)
The evidence as a whole comfortably satisfies the subjective and objective elements of
the test under s36B(4).
There is evidence of a subjective consumer requirement for packaged liquor in the (2km)
locality, which is unable to be met due to there being no existing packaged liquor
premises.
7 Objects of the Liquor Control Act
Liquorland submits that the grant of the Application complies with the relevant objects of
the Liquor Control Act 1988 (WA) (Act), as follows.
7.1 Primary objects
Object Application
To regulate the sale, supply and consumption Liquorland intends to implement site-specific
of liquor operational and harm minimisation policies to
ensure that the grant of the Application
complies with this object.
Any licence issued on grant of the Application
will be subject to conditions that are imposed
by the licensing authority, which will assist to
ensure that liquor is sold at the Store in a
responsible and regulated manner.
To minimise harm or ill-health caused to Liquorland acknowledges that some alcohol-
people, or any group of people, due to the use related harm is occurring in the Locality.
of liquor
Public Interest Assessment Submissions
91380488 Liquorland Southern River East page 307 Objects of the Liquor Control Act
Object Application
As noted above, Liquorland will have
comprehensive and tested harm minimisation
policies in place at the Store to mitigate any
potential impact of the Store on the local
community.
Liquorland commissioned Bodhi Alliance
(Bodhi) to provide an expert opinion on the
impact of the Store. Bodhi concluded that the
Store is unlikely to contribute to alcohol-
related harm or ill-health or additionally impact
sensitive premises or at-risk groups within the
Locality.
To cater for the requirements of consumers The Centre is in a NAC.
for liquor and related services, with regard to
the proper development of the liquor industry, Contemporary consumer expectations,
the tourism industry and other hospitality consistent with planning objectives, are that a
industries in the State Centre of this magnitude will contain
convenience shops (including a liquor store).
This expectation was reflected by the survey
results - amongst consumers who will use the
Centre, 82% expect that the Centre will
include a liquor store.78
The expert evidence included as part of the
Application shows that residents,
stakeholders and consumers in the Locality
strongly support the grant of the Application.
This is reflected in the results of the DAA
Report.
7.2 Secondary objects
Object Application
To facilitate the use and development of Liquorland acknowledges that consumers
licensed facilities, including their use and have diverse requirements for packaged
development for the performance of live liquor. Some consumers prefer to browse
original music, reflecting the diversity of the extensively and purchase some or all of their
requirements of consumers in the State requirements at large destination style
premises. However, other consumers have a
requirement to purchase some or all of their
liquor in often smaller volumes at large
shopping centres, in an efficient setting and in
conjunction with other goods and services.
Approving this Application will facilitate the
development of licensed facilities that meet
78
DAA Report, para 42
Public Interest Assessment Submissions
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