11:45 (Nightclub) 11 Forty-five Pty Ltd - Department of Local ...
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11:45 (Nightclub)
11 Forty-five Pty Ltd
Public Interest Assessment
Application for conditional grant of
a Nightclub Licence
Address: 853 Hay St, Perth WA 6000
Premise proposed name: 11:45 (Eleven Forty-five)
Applicant: 11 Forty-Five Pty Ltd
Prepared by 11 Forty-five Pty Ltd
Date: March 2021
We pay our respect to the Wadjuk people of the Noongar nation, their elders, past, present,
and emerging.
Public Interest ‘an interest in common to the public at large or a significant portion of the public and which may or may not involve the personal or propriety rights of individual people’. The public interest provisions enable the licensing authority to consider a broad range of issues specific to each licence or permit application, and flexibility exists to assess each individual application on its merits.’ Declaration The applicant declares that the contents of this document and attachments are true, correct and complete and that the applicant has made all reasonable inquiries to obtain the information required. I acknowledge under section 159 of the Liquor Control Act 1988 and it is an offence to provide false, misleading or incomplete information in this document. ___________________ __________________ Signature of applicant Date
Contents
Declaration ............................................................................................................................................................... 2
Introduction ................................................................................................................................................................. 1
Stage 1 .................................................................................................................................................................. 1
Stage 2 .................................................................................................................................................................. 2
Hours of Trade ......................................................................................................................................................... 2
1. Stage 1 .................................................................................................................................................................. 4
Legislative Provisions ............................................................................................................................................... 4
2. Section 5 ........................................................................................................................................................... 4
3. Addressing the objectives ................................................................................................................................ 8
4. Local Packaged Liquor Requirements Section 36B .......................................................................................... 8
Section 38(2) – Public Interest ..................................................................................................................................... 9
5. Why is the grant of a licence in the public interest and how will it benefit the community? ......................... 9
Section 38(4) .............................................................................................................................................................. 10
6. Supporting evidence ...................................................................................................................................... 10
7. Locality ........................................................................................................................................................... 10
8. Venue ............................................................................................................................................................. 11
Manner of trade ..................................................................................................................................................... 13
11. Section 42 of the Act Entertainment and live music performances .......................................................... 17
12. Music in Western Australia .................................................................................................................... 18
18. What is the target client base? .................................................................................................................. 21
19. Survey ..................................................................................................................................................... 22
19.4 Survey Results ........................................................................................................................................ 22
20. Will the premises be distinguished by any theme or décor?................................................................. 26
21. Section 39 Certificate (Local Government Approval) & Section 40 Certificate (Local Planning Approval)/
Development Approval .......................................................................................................................................... 27
22. Vicinity........................................................................................................................................................ 27
23. Other venues .............................................................................................................................................. 32
24. How Eleven Forty-five will compare .......................................................................................................... 36
25. Harm of ill Health - Section 38(4)(a) .......................................................................................................... 44
List any ‘at risk’ groups or sub-communities within the locality, travelling through the locality or resorting to
the locality? ........................................................................................................................................................ 44
26. What are the social health indicators for the locality? .......................................................................... 45
27. What are the proposed strategies the applicant will implement to minimise harm or ill health? ....... 55
28. Impact on amenity – Section 38(4)(b) ........................................................................................................... 57
500m from venue location ................................................................................................................................. 57
501m – 2 kilometres .......................................................................................................................................... 58
29. How will the proposed premises integrate with the amenity of the locality (both positively and
negatively)? ............................................................................................................................................................ 59
Negatively .......................................................................................................................................................... 59
Positively ............................................................................................................................................................ 60
Tourism, community or cultural matters – Section 38(4)(ca).................................................................................... 62
What will the positive recreational, cultural, employment or tourism benefits for the community? .................. 62
30. Tourism .................................................................................................................................................. 62
31. Employment ........................................................................................................................................... 64
32. Cultural benefit ...................................................................................................................................... 65
33. Economic benefit ................................................................................................................................... 66
34. Recreational ........................................................................................................................................... 67
35. What consultation with local government regarding the proposed premises has been taken into account
in establishing a business plan? ............................................................................................................................. 67
36. If you intend to sell packaged liquor, provide the name and address of all existing licensed premises
within the locality? ................................................................................................................................................. 67
37. If you do not intend to sell packaged liquor, provide the name and address of all existing licensed
premises within 500 meters of your premises?..................................................................................................... 68
38. What are the public transport facilities (Including taxi services) that would be available to patrons, or
any other transport facilities proposed to be provided by the applicant for patrons? ......................................... 68
38.2 Parking.................................................................................................................................................... 68
38.3 Taxi’s....................................................................................................................................................... 68
38.4 Train and bus stations ............................................................................................................................ 68
39. What publicly available parking facilities exist in the locality? .................................................................. 69
40. What is the contribution of the proposed premises to the streetscape and the atmosphere of the area?
69
41. What is the potential impact of the proposed premises on the level of noise, anti-social activities in the
locality, and the management strategies to minimise the impact? ...................................................................... 70
42. What is the potential impact on the proposed premises on vandalism, litter, criminal acts? .................. 71
Offence, annoyance, disturbance or inconvenience – section 38(4)(c) .................................................................... 72
43. Identify the strategies you intend to implement to address potential offence, disturbance or
inconvenience to residents or business operators. ............................................................................................... 72
Residents ............................................................................................................................................................ 72
Business operators ............................................................................................................................................. 72
Complaints management ................................................................................................................................... 73
Noise Management ............................................................................................................................................ 74
44. Risk Profile.................................................................................................................................................. 75
45. Stage 2 ............................................................................................................................................................ 78
Section 5................................................................................................................................................................. 78
46. Cater for the requirements of consumers for liquor and related services, with regard to proper
development of the liquor industry, the tourism industry and other hospitality industries in the state. ............ 78
47. Facilitate the use and development of licensed facilities, including their use and development for the
performance of live original music, reflecting the diversity of the requirements of consumers in the State; ..... 79
48. Provide adequate controls over, and over the persons directly or indirectly involved in, the sale,
disposal and consumption of liquor................................................................................................................... 80
Section 38(2) – Public Interest ................................................................................................................................... 83
49. Why is the grant of a licence in the public interest and how will it benefit the community? ................... 83
Venue ................................................................................................................................................................. 83
Manner of Trade ........................................................................................................................................................ 85
50. What facilities and services will be provided by the proposed premises? ................................................ 85
51. What is the proposed manner of trade? ................................................................................................... 86
Live music ........................................................................................................................................................... 86
Provision of food ................................................................................................................................................ 86
Events space ....................................................................................................................................................... 86
Responsible service of alcohol ........................................................................................................................... 86
Hours of operation ............................................................................................................................................. 87
Security............................................................................................................................................................... 87
52. Will the premises be distinguished by any theme or décor?..................................................................... 87
Fit out ................................................................................................................................................................. 87
53. What is the potential impact of the proposed premises on the level of noise, antisocial activities in the
locality and the management strategies to minimise impact?.............................................................................. 88
Offence, annoyance, disturbance, or inconvenience – Section 38(4)(c) ................................................................... 90
54. Identify the strategies you intend to implement to address potential offence, disturbance or
inconvenience to residents or business operators. ............................................................................................... 90
Residents ............................................................................................................................................................ 90
Business owners ................................................................................................................................................. 90
55. Community Consultation ............................................................................................................................... 91
55.1 Schools and Educational institutes ........................................................................................................ 91
55.2 Hospitals, hospices, aged care facilities ................................................................................................. 91
55.3 Churches / places of worship ................................................................................................................. 91
55.4 Drug and alcohol treatment centres ...................................................................................................... 92
55.5 Short term accommodation or refuges for young people ..................................................................... 92
55.6 Childcare centres.................................................................................................................................... 92
55.7 Local Government Authority .............................................................................................................. 92
55.8 Police Stations ........................................................................................................................................ 92
55.9 Regional Office of the Department of Indigenous Affairs...................................................................... 92
55.10 Who will be consulted? ................................................................................................................................ 92
Conclusion .................................................................................................................................................................. 93 Appendices ................................................................................................................................................................. 94 This page was intentionally left blank
Introduction
11 Forty-five Pty Ltd (the applicant) are seeking approval from the Director of Liquor
Licensing for the conditional grant of a Nightclub licence at 853 Hay St, Perth.
The Director of 11 Forty-five Pty Ltd initially began the process of this application under
Corona Del Mar Holdings Pty Ltd, but on advice, has registered a company separately for
the operation of the nightclub and any future share holdings. This is why some
documents created early in the development of this application process and Public
Interest Assessment contain documents with this company name.
Conditions of the grant as proposed by the applicant include the ability to complete the
Nightclub in two stages. In stage one, the ground floor of the venue will be completed,
allowing the venue to trade as a Nightclub. Stage two will commence within 12 months
of opening and will involve the development of the first floor.
853 Hay St has been vacant for approximately five years and the introduction of a club
such as Eleven Forty-five will be pivotal in changing the view of visitors and locals alike
that Perth is dull and has no nightlife. Heavily tech focused, it will provide state of the art
facilities and technology that will make the clubbing experience in the venue easy and
enjoyable.
Designed for those with more sophisticated tastes, this will be unlike any other nightclub
throughout Western Australia, will cater to those who desire enjoyment, excitement and
entertainment over excessive drinking, the venue will be designed to wow.
Likely to have the highest building standards of any other existing Nightclub in Perth, the
applicant is looking to introduce services that are not available in Perth, including a
separately serviced VIP area, featured lighting and furniture to ensure that all patrons can
enjoy an international nightclub experience.
Technology and examples are contained within this document and the attached
appendices submitted as part of this application.
As stated above, the applicant is seeking a conditional grant of the licence, where the
operations of the Nightclub can commence once the fit out and compliance works are
completed on the ground floor.
Stage 1
The first stage will involve a full renovation of the ground floor and the opening of a fully
functional Nightclub.
The development will include the addition of:
• Installation of a grease trap and other services not currently available in the building.
• Ablution services, including those for mobility impaired patrons.
• A fully functioning kitchen, available for use within the venue.
• Safety requirements including fire and smoke detection, proper exit creation and
remedial works.
• Replacement of air-conditioning, plant, and electrical services.
• Construction of a raised VIP area, a DJ booth and bar area, big enough to service its
patrons.
1
• Construction of the front entrance, to create a noise vacuum between the front door
and the internal entry of the club, so to minimise impact on amenity.
• Installation of a lift that connects the ground floor to the raised VIP area and the first-
floor facilities, enabling disability access and future access to the first floor.
• Installation of sound attenuation to mitigate the impact on building and surrounding
businesses.
• Installation of all sound and lighting
It is envisaged that upon completion of stage work can commence on stage two.
Stage 2
The second stage of the premise’s development will include the construction of the
rooftop bar area, which includes removing and extending the first-floor enclosed area.
The roof is constructed with cement and lends itself perfectly to a rooftop bar.
The applicant acknowledges that having a rooftop bar in an inner suburban location is
likely to cause disturbance and this is addressed in the information specifically related to
the management of this section of the development in from Section 45 onwards below.
Consideration is currently being given to a glass house to enclose the rooftop section,
that allows for airflow and sunlight, but blocks noise causing detriment to the surrounding
area.
It is proposed that stage two construction be commenced within twelve months of trading
of the ground floor section of the club.
First floor construction will include:
• Redevelopment of existing ablution facilities on the level.
• Removal of the wall to open the roof space.
• Installation of services required to provide amenity to the area, including electricity
and plumbing.
• Installation of compliant safety exits, railings, and structures.
Hours of Trade
Nightclub hours of trade as permitted under section 42 of the Liquor Control Act 1988 are
as follows:
A nightclub licence is subject to the condition that liquor may only be sold ancillary to
continuous live entertainment provided by one or more artists in person performing there,
or by way of recorded music presented by a DJ.
2
1
The applicant intends to submit an Extension Trading Permit (ETP) to make full use of
the rooftop bar and all requirements for this ETP are outline in the attached Appendix 16
– Public Interest Assessment – Extended Trading Hours Permit. As a result, the
applicant has for the sake of the application maintained the provided nightclub trading
hours above.
1
https://www.dlgsc.wa.gov.au/racing-gaming-and-liquor/liquor/liquor-licensing/license-types-and-trading-hours#nightclub
3
1. Stage 1
Legislative Provisions
The Liquor Control Act 19882 (‘the Act’), outlines the requirements for approval and
authorisation of licenses and licensees on approval by the Director of Liquor Licensing. It
outlines the regulation of the sale, supply and consumption of liquor in Western Australia.
Section 42. of the Liquor Control Act 1988 defines the following:
42. Nightclub licence, effect and conditions of
(1) Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to
sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary
to continuous entertainment provided live by one or more artists present in person performing
there or by way of recorded music presented personally by a person employed or engaged by
the licensee to do so.
(2) For the purpose of determining whether or not entertainment is continuous, no account shall
be taken of reasonable intervals between acts, or between the performances of artists, so long
as substantial compliance with the requirement for continuity is observed.
(3) Every nightclub licence is subject to the condition that liquor shall not be permitted to be
consumed on the licensed premises except at a time when live entertainment is being
provided there and liquor may be lawfully sold under the licence unless an extended trading
permit applies.
43. Nightclub licence, pre-requisites for grant of
An applicant for the grant of a nightclub licence must satisfy the licensing authority that the
premises in respect of which the licence is sought —
(a) are so constructed as to enable entertainment of a kind referred to in section 42 to be
provided there; and
(b) are suitable, having regard to any condition imposed as to the nature or extent of the
entertainment required to be provided.
2. Section 5
The primary objectives of the Act are defined in section 5(1) to:
Regulate the sale, supply, and consumption of liquor;
2.1 The applicant will:
• ensure that all staff are aware of and regularly update their harm minimisation
policy attached in Appendix 01, House Management – Code of Conduct – Harm
Minimisation Policy.
• ensure adherence to the Responsible service of alcohol in the sale and supply of
alcohol to all patrons, and that all staff hold valid certificates and are fully trained
on employment and that the training is reviewed and redelivered as required on a
regular basis.
• Maintain a strict RSA register, including holding copies of all Managers and
service staff RSA’s on the premises per the DLGSC, Liquor Licensing divisions
requirements under the Liquor Control Act 1988.
2
https://www.dlgsc.wa.gov.au/docs/default-source/racing-gaming-and-liquor/liquor/liquor-control-act-1988-a-
guide-for-local-government.pdf?sfvrsn=beeea648_1
4• Ensure all managers hold a Manage Licensed Premises certificate/ card and that
these are also recorded with their RSA in the same register mentioned above.
• Patrons will be required to register into the premises, including ID checks and
scanning through an approved and appropriate system such as Scantek/ PatronID
or GreenID that also provides adequate privacy protections of patrons.
• Ensure physical security is employed to monitor the entry of patrons, while ID is
presented, and scanning is undertaken and to monitor behaviour of patrons and
maintain their safety.
• Ensure digital security is installed throughout the internal and exterior of the
building to ensure safety of all patrons and the premises, to prevent harm or
damage.
• Put in sufficient measures and signage to warn of potential dangers, including trip
hazards, effects of light pulsating on some patrons.
• Provide water freely to all patrons through service periods.
• Provide training for staff on the reasonable steps to take to provide responsible
service of alcohol within the venue, including for those that may be refused service
and how to deal with difficult customers.
2.2 Minimise harm, or ill-health caused to people, or any group of people due to the
use of liquor;
The Applicant has experience in the responsible service of alcohol and is fully aware of
the impact and potential harm caused by alcohol, particularly when combined with
recreational drugs and the behavioural patterns of people who are under the influence
of one or both substances.
• The applicant in line with the venue code of conduct (Attached Appendix 01,
House management – Code of Conduct – Harm Minimisation Policy) will not
permit unruly and antisocial behaviour and this will be outlined to all patrons on
entry, by signage placed at the entrance.
• All staff will be advised and trained sufficiently in the appropriate measures in
dealing with people who attend the premises that are potentially already heavily
intoxicated or under the influence, particularly those causing disruption and
displaying threatening behaviour to other customers and staff.
• Food will be provided and be available to all patrons during service.
• Water will be available at all times to all customers and be provided to customers
who appear intoxicated beyond reasonable levels.
• Low alcohol and non-alcoholic drinks will also be available and provided to
patrons, including the new 0% ranges that are beginning to penetrate the market
currently.
• Security will patrol the exterior and interior of the premises, ensuring that there is
no antisocial behaviour taking place at any time in or around the premises and will
be instructed to eject those people or take appropriate action as required, such as
calling police where people in the vicinity pose a direct or imminent danger to the
guards, premises, or patrons.
• Maintain close contact and relations with local police and emergency services.
• The applicant will have no issues in closing early, should any issue escalate with
unruly or disruptive behaviour and ensure safety of all patrons at all times.
• Taxi or rideshare call services for patrons, particularly individuals who require it
and take measures (e.g. call police or rangers) to minimise disruption where unruly
patrons or the public congregate in the area.
5• At least one person on any shift, including security guards will be trained in First
aid.
• The upper-level roof top bar will likely close no later than 12pm in an open-air
format, reducing capacity on the venue and ability to manage crowds.
• It is a consideration that, if construction methods are changed, the rooftop section
is enclosed and acoustic report can provide reasonable sound mitigation
treatments, the rooftop may trade with nightclub hours, only if this can be satisfied.
• The applicant will ensure staff are aware of such initiatives as the ‘Ask for Angela’
3campaigns, allowing for action to be taken quickly with patrons who feel unsafe
and removing them from any potentially harmful situation.
2.3 Cater for the requirements of consumers for liquor and related services, with
regard to proper development of the liquor industry, the tourism industry and
other hospitality industries in the state.
• The development will cater for those patrons who do not visit or are unlikely to visit
Northbridge due to the reputation and safety concerns they may hold.
• Will cater specifically, but not exclusively to older patrons.
• Will provide amenities to tourists within the City of Perth, including those in the 8
surrounding hotels.
• The fit out and décor will attract a range of more sophisticated tastes, and internal
controls, including entry fees will control the demographics of people who will likely
want to attend the venue.
• Promote tourism in the Central City – West precinct of the CBD and increase
potential live acts travelling to and within Western Australia and Australia.
• Work in collaboration with surrounding venues and other event organisers to
promote the area for live events suited to the venue.
The secondary objectives of the Act are defined in section 5(2), which are to:
2.4 Facilitate the use and development of licensed facilities, including their use and
development for the performance of live original music, reflecting the diversity of
the requirements of consumers in the State;
• The building has been vacant for nearly five years and as a result has encouraged
homeless and vagrants to frequent the building frontage.
• The development will complement the current premises of His Majesties theatre,
providing close proximity, collaboration of events with the two venues and increase
the area’s activity after 6pm weekdays and on weekends.
• The approval will likely provide greater benefit to retail and hospitality venues for the
provision of full meals and to hotels for overnight staycations in the city.
• The approval will encourage the ability to host several artists, and allow for the use
of other local businesses, such as hotels, restaurants and other services and retail
facilities in the area.
• The venue will offer a space for the culturally and linguistically diverse communities
who currently call Perth home, with interest already being sought for venue use by
South African, Zimbabwean, Nigerian, Sri-Lankan, Filipino, Ghanaian, Kenyan
artists and performer or entertainment groups. Whilst not excluding traditional
music genres and artists, the venue will provide preference to culturally and
linguistically diverse groups in support of their music, traditions, and culture.
3
https://westernindependent.com.au/2018/03/22/how-do-you-ask-for-help-quietly/
6• Unlike a lot of existing venues, due to the building and change of use
requirements, Eleven forty-five will be one of the safest buildings in Perth, and will
include appropriate access for those people with physical impairments that prohibit
them from visiting venues currently in Perth. (Including but not limited to, fire safety
installations, smoke cut off detection systems, compliant exit doors, panic exit
devices, compliant stairs)
• In line with the Department of Local Government, Sport and Cultural Industries
(DLGSC) Strategic directions document 2020-20234, the applicant believes that
the approval of this licence will satisfy the following objectives:
- To promote the participation and achievement in sport, recreation, culture and
arts.
- To support and grow the cultural industries.
- To promote and enhance the benefits of cultural diversity and social inclusion.
- To ensure liquor gambling activities are conducted in the public interest.
- Sector sustainability, capacity building and excellence, support CaLD
communities to deliver events.
2.5 Provide adequate controls over, and over the persons directly or indirectly
involved in, the sale, disposal and consumption of liquor;
• The applicant fully supports the Departments Strategic Direction 2, particularly in
the implementation and management of a trial of a banned drinkers register/
takeaway alcohol management system and would regularly access the portal for
recently banned drinkers to premises in Western Australia.
• The venue will seek patrons to provide approved identification and be verified prior
to entering the venue and will employ systems such as Patronscan/ Scantek or
GreenID, ensuring strict privacy controls are in place to protect customers personal
privacy as outlined by the Office of the Australian Information Commissioner.
• Any system acquired for the purpose of confirming a patron identity and ability to
enter the venue will have to meet Australian privacy guidelines5.
2.6 Provide a flexible system, with as little formality or technicality as practicable for
the administration of this Act.
• A Nightclub licence is currently the only licence that allows for the proposed manner
of trade, with the flexibility of allowing food for patrons and accessing the opening
times to allow trade until 5 am.
• The approval of this licence will allow for the realisation of the objectives of the Act
and the wider strategic directions of the DLGSC.
4
https://www.dlgsc.wa.gov.au/department/publications/publication/strategic-directions-2020-2023
5
https://www.oaic.gov.au/privacy/guidance-and-advice/id-scanners/
73. Addressing the objectives
3.1 Eleven Forty-five is designed to include a kitchen, with the sole purpose of redefining
Nightclubs, particularly for the older demographic.
3.2 People who drink, also like to eat, however, most nightclubs do not have food
available, most nightclubs require patrons to leave the venue to find food and this is
usually at the end of the evening after drinking all night and having an early dinner.
While the applicant does not propose sit down meals, the applicant will have a
provision of tapas style foods, snacks, fresh, and easy food for patrons to enjoy while
inhouse.
3.2 This will be our key point of difference and will be strongly promoted for all patrons
especially in the VIP area. This will aid in regulating the consumption of alcohol by
patrons, allowing people to pace themselves and staff encouraging the purchase of
food with the sale of alcohol.
3.3 In addition to the regulation of the consumption and sale of alcohol, food reduces the
likelihood of ill-health and harm. It is well known that the consumption of food while
drinking reduces the feeling or level of intoxication, which will reduce the potential for
any public disturbances caused by excessive drinking and high levels of intoxication
found in most nightclubs.
3.4 The applicant believes that the venue will cater for a wider range of consumers than
most clubs currently do. The provision of food being a big selling point for people who
like to go out, adequate seating will be provided, particularly in the VIP area, providing
a safe environment for people who enjoy going out, but dislike the crowded dance
floors.
3.5 Our state-of-the-art technology both downstairs in the main club area and on the first
level, will be a tourist attraction and the applicant strongly believe that for Perth the
venue will become the most Instagrammed venue for the first three months of its
operation. This will draw more people to areas of Perth rarely explored by tourists and
visitors to Perth, increasing foot traffic and retail spend within the area. It will be
beneficial to any businesses trading in the late afternoon through to evening.
3.6 Secondary objectives are addressed through the provision of facilities to allow live
musicians into the venue to perform. While the venue will be open for hosting any
upcoming local artists and musicians, consideration will also be given for Interstate
and International artists and will be focused predominantly on ethnic artists, providing
a platform for them to have their traditional and modern music displayed. There is
currently no formal venue where this can be done, with international well-known artists
being limited to local sporting clubs and halls.
3.7 Adequate controls on the sale, disposal and consumption of liquor will be outlined fully
in the attached Appendix 01, House Management – Code of Conduct – Harm
Minimisation Policy
4. Local Packaged Liquor Requirements Section 36B
The applicant does not propose to sell packaged liquor from the premises.
8Section 38(2) – Public Interest
5. Why is the grant of a licence in the public interest and how will it
benefit the community?
5.1 The venue will provide passive surveillance in the area, including to people returning
to the number of hotels on Hay Street.
5.2 Currently activity significantly slows and ceases after office hours, leaving the streets
visibly quiet and void of activity.
5.3 Passive surveillance is provided by increased activity in the area, reducing antisocial
behaviour in the area. This is done through additional lighting and security camera’s
being added to the premises, which are currently not in place.
5.4 In addition, passive surveillance is provided through the venue being open at a time
significantly different to the predominant trading retailers in the vicinity.
5.5 In addition, the venue will provide an alternative option for visitors to the City of Perth
for a nightclub venue, without the need to visit Northbridge, long seen as a violent and
undesirable entertainment area.
5.6 The venue will provide more options for the Culturally and linguistically diverse
community represented by over 130 different cultural groups currently calling Western
Australia home, removing a monopolised entertainment market and providing a space
for emerging artists, both live performances and DJ’s.
5.7 The granting of the licence will allow for the creation of a unique venue outside
Northbridge and the Special Entertainment Precinct.
5.8 The venue will draw people into the CBD area. Hay Street in comparison to daytime
trading, is quiet with significantly less foot traffic and lighting after 6pm.
5.9 While the space will not limit the age of people who attend the space, marketing will be
aimed at the older club goers over 25 years old or people who avoid Northbridge due
to the anti-social nature of the people who visit the area, most who aren’t club goers
but leave visitors frightened and unwelcome.
9Section 38(4)
Section 38(4) of the Act provides that the matters the licensing authority may have
regard to in determining whether the granting 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; and
b. whether the amenity, quiet or good order of the locality in which the licensed
premises, or proposed licensed premises are, or are to be, situated might in
some way be lessened; and
c. whether offence, annoyance, disturbance or inconvenience might be caused to
people who reside or work in the vicinity of the licensed premises or proposed
licensed premises; and
d. any effect the granting of the application might have in relation to tourism, or
community or cultural matters; and
e. any other prescribed matter. (Please note there are no prescribed requirements at
this time)6
6. Supporting evidence
The applicant reached out to a number of potential clients and suppliers seeking
support, including business owners and artists. Due to corporate rules on support
letters, some were not able to provide support letters.
Please see Appendix 11 -13 and 20-23 for support letters.
7. Locality
7.1 853 Hay Street located between Cloisters Square and His Majesty’s Theatre precinct,
in a predominantly commercial precinct. It is located west of the CBD, however the
City of Perth is made up of Perth, West Perth, East Perth, Northbridge, Claisebrook,
Nedlands and Crawley, however it is envisaged that the reach of the club will be much
wider for Perth local residents.
6
https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy
107.2 The area is dotted with a variety of retail, office and hospitality venues targeted at
people working in the city rather than living there. It creates an ideal location for a
nightclub, reducing the impact of noise and inconvenience to potential residents.
7.3 While noting the presence of residential units at the rear of 826, 836 and 838-842 Hay
Street, leading off King Street onto Munster Lane, the distance of the venue is such
that access to these residences is limited. Residential premises are also noted in the
NV Apartments at 374/396 Murray Street.
7.4 The location of several hotels within the area (500m radius), including the Adnate
Perth, Parmelia Hilton, Inter-Continental Hotel and Holiday Inn Perth City Centre, just
to name a few creates a perfect opportunity for an entertainment venue closer to
hotels, without the need to make your way to Northbridge, while being far enough
away not to cause disturbance.
7.5 The City of Perth City Planning Scheme no.2, Precincts no.1-8 City Centre, statement
of intent:
“The city centre will continue to develop as the focus of business, administration, commerce,
retail, tourist, civic, cultural and entertainment activities for the State. As the focal point for the
capital of Western Australia the city centre should be interesting, enjoyable and an easily
accessible place so that people will be attracted to it for its services and facilities, work,
investment, and leisure opportunities.
Eight city centre precincts will form the centre point for the promotion of Perth as the capital
city and an international destination for commerce and tourism. Through their principal
functions each precinct will contribute to the growth, development and enhancement of the
city, and the character, environmental elements and built form of each precinct will be
acknowledged and protected.
A mixture of uses which provide a wide range of services and facilities, recreational activities
and residential and visitor accommodation, attractive to a wide cross-section of the
community, and fundamental to the development of an active and vital centre, will be
encouraged. Development in each of the precincts will also need to take into consideration the
importance of retaining the identity of each precinct by fostering compatible uses in terms of
activity, scale and intensity of development.
Consolidation of central business activity, retail, social and cultural functions and residential
and visitor accommodation, fostering a better integration of these activities, will be pursued in
the city centre. This higher intensity of development should contrast with supporting.”
8. Venue
8.1 The building was last used as a bank and has a unique feature of a bank vault.
Constructed of cement wall panelling and roofing, this creates the perfect venue for a
nightclub with sound attenuation built into the aesthetics, reduces the need for
additional significant attenuation, however, it is recognised that some attenuation is
required for the front and upper levels of the building. This detail is contained in the
specific stages outlined in the Introduction.
8.2 Being largely made of cement, a percentage of the sound attenuation has been taken
care of, however, the applicant is aware, particularly for the rooftop section of the
building, that this will need extra consideration and will be addressed in Part Two of
this PIA.
118.3 Sound will likely be installed by 3 Monkey’s audios visual, who have already provided
direction on placement of speakers and the requirements for sound within the venue.
8.4 The Little Fit-Out Company will provide the fit out of the premises for the installation of
the kitchen, grease trap, ablution facilities, bar and DJ area as well as the raised VIP
section.
8.5 A full acoustic assessment will be undertaken once the approval for use has been
granted and need to comply with the National Building Code and the Environmental
protection (Noise) Regulations 1997 managed by City of Perth and be in-line with the
proposed noise level changes for the Special Entertainment Precinct amendments
currently being recommended and considered by the City of Perth, Department of
Planning, Lands and Heritage and the WA Planning Commission, details can be found
later in this document from Section 43.25 onwards (pg 73).
8.6 In additional consideration will be given to an airlock entry, in setting the entry to
reduce street noise during operation and when patrons are entering and exiting the
building.
8.7 The venue will include a fully fitted and functional kitchen for the purpose of providing
food to patrons during the evening and early morning and for any functions held in the
venue. This will give Eleven Forty-five the opportunity to provide patrons with food
and the applicant believes that this will be a first for a nightclub in Perth.
8.8 Toilets will be available in the main bar area, with the provision of accessible toilets for
wheelchair access on the main floor.
8.9 The VIP section and main floor will include a bar for the provision of drinks and a water
station will be located next to these facilities for patrons to self-serve water. Water will
be provided and refreshed in the VIP section.
8.10 Unlike most other venues in Perth, where different rooms have their own dance floors,
Eleven Forty-five will have two dancefloors within the same lower-level space. A
dancefloor will be centrally located on the main floor and an additional dancefloor will
be in the VIP section. Allowing for the full VIP experience to be realised, including
enjoying dancing without needing to join the remainder of the crowd.
8.11 Under the National Construction Code published and managed by the Australian
Building Codes Board defines building requirements for the construction, design,
plumbing and drainage systems for buildings and their required use.
8.12 The building will be rated at a 9B or Assembly building rating and planning has
allowed for the 2019 Building code requirements and specifications as defined in the
Volume 1, Building Code of Australia 2019, Amendment 1, which is due to be
introduced in Western Australia by May 2021. This will likely make Eleven Forty-five
the safest nightclub in Perth, as all other clubs have been in the same venues for up to
and over 20 years and even the last application approved for The Sewing Room in
2016, was done so in a heritage listed building meaning compliance to current
standards are minimal.
128.13 The code includes coverage for fire safety by way of sprinkler or Smoke exhaust
systems, ramps, exists, extinguishers and warning systems and includes requirements
for exits, including regress and push door handles.
8.14 A nightclub is rated as an ‘Assembly building’ as defined in the National Construction
Code.
8.15 Assembly building 7means a building where people may assemble for—
1. civic, theatrical, social, political or religious purposes including a library, theatre,
public hall or place of worship; or
2. educational purposes in a school, early childhood centre, preschool, or the like;
or
3. entertainment, recreational or sporting purposes including—
1. a discotheque, nightclub or a bar area of a hotel or motel providing live
entertainment or containing a dance floor; or
2. a cinema; or
3. a sports stadium, sporting or other club; or
4. transit purposes including a bus station, railway station, airport or ferry terminal.
8.16 Please see the plans submitted to the City of Perth for the Change of Use
application, including the ground floor and first floor design. Appendix 02 – 853
Hay Street – Floor Plan (Little Fit-out Company)
Manner of trade
Description of the proposed business, manner of proposed trade and targeted client base.
9. What facilities and services will be provided by the proposed premises?
9.1 Eleven forty-five’s facilities will include leading technology LED walls, hosting a range
of projections that can be easily themed and changed. Accessing the walls for the
length of the building, provides a wall of endless visual possibilities. Technology such
as this has not been used in Australia and will be an Australian first, allowing minimal
lights to reflect of mirror domes lining the roof, creating an optical illusion of floor to
ceiling lighting displays.
9.2 There will be ample seating provided for up to 100 people in the venue on the ground
floor, while maximising the location of the dancefloor in the centre of the venue.
9.3 The addition of a kitchen at the rear of the premises provides an additional unique
feature of being able to provide customers with a range of finger foods and tapas style
offerings. Please see Appendix 03 – Sample – Tapas menu 11-45, for the sample
food menu.
9.4 The VIP section will be raised giving prominence to guests. Bookings will be available
for those who wish to use the section for special events or simply to enjoy the visual
status symbolisation. The VIP section will include a fully serviced bar, meaning that
once in VIP, there is no need to leave.
7
https://ncc.abcb.gov.au/ncc-online/NCC/2019/NCC-2019-Volume-One/Schedule-3-Definitions/Schedule-3-
Definitions/Definitions?inlineLink=ID64132e38-cb81-4f02-b725-8dba3267aaf1
https://ncc.abcb.gov.au/ncc-online/NCC/2019/NCC-2019-Volume-One/
https://www.commerce.wa.gov.au/building-and-energy/national-construction-code
139.5 A lift will provide access to the first floor and half level between the ground floor and
the raised VIP section.
9.6 Bottle service
Bottle service will be provided predominantly to people booked into the VIP section.
Service of bottles will include a jug of a mixing soft drink or various soft drinks.
Bottle service will be limited by the following conditions:
• Max quantity of alcohol sold is in a 750ml bottle.
• No less than two people per bottle of wine
• No less than seven people and mixers for bottles of spirits.
• No more than one bottle per seven people to be purchased at one time.
The applicant proposes controlled buys of bottle service, where a patron can purchase
a bottle, but leave the bottle behind the bar to limit access and consumption and will
be served responsibly upon request.
10. What is the proposed manner of trade?
10.1 Purpose
The proposed manner of trade for the premises is for a nightclub. The venue will in
addition to a traditional nightclub be used as a venue for live music performances for
up and coming and known artists from Western Australia and interstate or
international. This is described in depth in Section 12 below.
10.2 Provision of food
Provision of food has been catered for in the plans, with a dedicated kitchen, suitable
for providing a range of cooked items, including snacks and meals, if chosen, to allow
for clients to eat while they enjoy a night out and promote responsible drinking. The
applicant will strongly promote this, and staff will be sufficiently trained to offer snacks
to clients during their stay in the club.
10.3 Entry to the venue
Eleven Forty-five proposes to allow pre-ordering of tickets by verified members.
Members will be asked to register their details and will be provided with access via the
website to book a set number of tickets for entry into the club, except for ticketed
special events, i.e., visiting artists. Verification will initially be done online, but
confirmation will require the registered member to present in person prior to entry the
first time to confirm their details.
Online access will provide options for patrons to ensure entry and avoid potential long
lines out the front of the venue. This differentiates the venue from Nightclubs located
in Northbridge which can significantly disturb surrounding businesses and the public
within the area.
People will not be prevented from lining up; however, pre-booked tickets will ensure
entry and allow management of patrons on any given trading night.
The VIP section will be limited to 70 people at any one time, and will be required to be
pre-booked, prior to any given trading night. The VIP section will again be registered to
members, who will be verified.
14Lock out of new patrons or returning patrons is proposed to be at 3:30am. Anyone
leaving is no longer allowed to return and new patrons will not be able to enter after
that time.
10.4 ID checking and Scanning of patrons
ID checking and scanning of patrons will occur on entry and will use systems such as
Patronscan/ Scantek/ GreenID, which are currently being assessed for usability and
appropriateness.
10.5 In addition, privacy of patrons is of highest concern and any product selected must
satisfy privacy and technical concerns. It must have hosted databases and servers in
Australia and meet the Office of the Information Commissioner’s privacy guidelines
prior to purchase and implementation in the venue.
10.6 Event bookings
Eleven Forty-five will offer venue bookings for the purpose of live music artists or
private functions as deemed appropriate by the Director and proposed crowd identified
in attending the event. Bookings will likely be refused for large groups of under 25’s
due to the increased risk of pre-drinking, unruly behaviour and disturbance to the area.
10.7 Responsible service of alcohol
Responsible service of alcohol within the club will be managed through sufficient and
frequent training provided to staff who are employed. Staff will be required to have
previous experience and hold an appropriate RSA certificate or Managed premises
certificate as outlined in Appendix 01, House Management – Code of Conduct –
Harm Minimisation Policy.
Training will be provided internally to the specifics of dealing with intoxicated patrons,
patrons who cause affray, become antisocial and how to engage correctly with
Security to assist in any instances where required.
With correct training and monitoring of staff, the applicant is confident that these
measures will not be required. The importance of refresher courses is noted to keep
staff training up-to-date.
Shots of spirits without mixers will unlikely be served after 3 am.
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