Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment

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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
Public Interest Assessment

Dandelion Bar & Restaurant
Karrinyup Shopping Centre
17th of May 2021

[Dandelion Bar & Restaurant Pty Ltd] (53 648 814 966) (“Applicant”)
Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
Dandelion Bar & Restaurant
                          Contents

                          Part 1 Background Information                                              2
                          A          Premises                                                        2

                          1          Karrinyup Shopping Centre                                       2

                          2          Dandelion Bar & Restaurant                                      5
                          2.1        Style of Venue                                                  5
                          2.2        Capacity                                                        6
                          2.3        Management, supervision & training                              6
                          2.4        Dining                                                          6
                          2.5        Beverage                                                        7
                          2.6        Functions                                                       7
                          2.7        Drink Policies                                                  7
                          2.8        RSA compliance                                                  8
                          2.9        Entertainment                                                   8
                          2.10       Dress Code                                                      8
                          2.11       Safety & Security                                               9
                          2.12       Neighbourhood & Amenity Issues                                  9

                          3          Development Approval                                           10
                          B          The Applicant                                                  11

                          1          Dandelion Bar & Restaurant Pty Ltd                             11

                          Part 2 Public Interest Test                                               13
                          A          The Public Interest Test                                       13

                          1          What is the ‘public interest test’?                            13

                          2          What needs to be satisfied to meet the public interest test?   13
                          2.1        Primary and secondary objects                                  13
                          2.2        Additional factors                                             14

                          3          About this PIA                                                 14
                          B          Locality                                                       16

                          1          Defining the Locality                                          16

                          2          Nature and Character of the Locality                           16

                          3          Demographics                                                   17
                          3.1        Population                                                     17
                          3.2        Migrants                                                       18
                          3.3        Households                                                     18
                          3.4        Socio-Economic Status                                          18
                          3.5        Summary                                                        19

                          4          Sensitive Premises                                             19
                          4.1        Sensitive Premises                                             19

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C          Other Licensed Premises in the Locality                               20

                          1          Licensed Premises                                                     20
                          1.1        Overview                                                              20
                          1.2        Comparison with [KWM Note: Insert name of Proposed
                                     Premises]                                                             22
                          D          Consumer Requirement and the Proper Development of
                                     the Industry                                                          23

                          1          Australian Hospitality Market                                         23
                          1.1        Shopping Centre Food & Beverage Trends                                23
                          1.2        Tourism                                                               24

                          2          Customers                                                             25
                          2.1        Key customer segments                                                 25

                          3          Community Survey                                                      25
                          3.1        The Demographics                                                      25
                          3.2        The Results                                                           27
                          3.3        Conclusion                                                            30
                          E          How does the Proposal Address the Minimisation of
                                     Harm and Ill Health??                                                 30

                          1          Current Alcohol Consumption Trends in Australia and Western Australia 31
                          1.1        Australia                                                             31
                          1.2        Western Australia                                                     33

                          2          Harm Minimisation Management                                          34
                          2.1        Effective management                                                  34
                          2.2        Management practices, staff training and RSA                          34
                          2.3        Environmental factors: Crime Prevention through
                                     Environmental Design                                                  36
                          2.4        Access                                                                36
                          2.5        Karrinyup Shopping Centre Liquor Licensing Strategy                   39

                          3          Impact on Specific at Risk Groups                                     40
                          3.1        At Risk Groups                                                        40
                          3.2        Children and Young People                                             40
                          3.3        Aboriginal People and Communities                                     40
                          3.4        People from Regional, Rural and remote Communities                    40
                          3.5        Families                                                              40
                          3.6        Migrant Groups from Non-English Speaking Countries                    41
                          3.7        People in Low Socio-Economic Areas                                    41
                          3.8        Mining Communities or Communities with a High number of
                                     Itinerant Workers                                                     41
                          3.9        Communities that Experience High Tourist Numbers                      41
                          F          Other Factors                                                         42

                          1          The amenity, quiet or good order of the Locality – Section 38(4)(b)   42
                          1.1        Retail Amenity                                                        42
                          1.2        Good Order of the Locality                                            42
                          1.3        Quiet of the Locality                                                 49

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2          Offence annoyance, disturbance or inconvenience   49
                          2.1        Trading Hours                                     49
                          2.2        Traffic                                           49
                          2.3        Security and management                           49

                          3          Tourism, or community or cultural matters         50
                          3.1        Tourism                                           50
                          3.2        Community                                         50
                          G          Conclusion                                        52
                          H          Further Information                               54
                          Annexure A          Plans of Karrinyup Shopping Centre
                          Annexure B          Plans of Dandelion
                          Annexure C          Sample Menus
                          Annexure D          Survey
                          Annexure E          Locality Plan
                          Annexure F          Sensitive Premises Plan
                          Annexure G          Licensed Premises Plan
                          Annexure H          Liquor Licensing Strategy
                          Annexure I          Noise Management Plan

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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
Karrinyup Shopping Centre

                          About this application
                          Dandelion Bar & Restaurant Pty Ltd (the Applicant) is applying for the grant of a Tavern
                          Restricted Licence for a food and drinks venue which will form part of the
                          redevelopment of Karrinyup Shopping Centre (Application). The venue will be known as
                          Dandelion Bar & Restaurant (Dandelion).

                          This Public Interest Assessment (PIA) is presented in support of the Application to the
                          Director of Liquor Licensing for the grant of a tavern restricted licence. Under section
                          38(2) of the Liquor Control Act 1988 (Act), the Applicant must satisfy the Licensing
                          Authority that it is in the public interest to grant the licence (the 'public interest test'). As
                          stated in McKinnon v Secretary Department of Treasury:

                                     “The expression ‘in the public interest’ directs attention to that conclusion or
                                     determination which best serves the advancement of the interest or welfare of
                                     the public, society or the nation and its content will depend on each particular set
                                     of circumstances.” 1

                          The Applicant submits that the grant of the liquor licence for the Dandelion will be in the
                          public interest and will contribute to the proper development of the liquor industry, the
                          tourism industry and other hospitality industries.

                          This PIA is divided into 2 parts:

                          (a)        Part 1 which outlines the background of the Application and the redevelopment of
                                     Karrinyup Shopping Centre and the Dandelion; and

                          (b)        Part 2 which addresses the elements of the public interest test and demonstrates
                                     that the Dandelion satisfies the test.

                          1     (2005) 220 ALR 587, 590

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Karrinyup Shopping Centre

                          Part 1 Background Information

                          A      Premises
                                 This section of the PIA summarises the plans for Karrinyup Shopping Centre and
                                 the Dandelion.

                          1      Karrinyup Shopping Centre
                                 Karrinyup Shopping Centre (Centre) is managed by AMP Capital (AMP). AMP
                                 Capital successfully manages 28 retail centres across Australia and New
                                 Zealand.

                                 The Centre is a highly successful regional centre located in an affluent and well-
                                 established area 12 kilometres north of Perth city centre and just over
                                 3 kilometres from Perth’s prestigious coastal suburbs.

                                 AMP is near completion of an $800 million redevelopment of the Centre to
                                 include a range of retail, entertainment, dining and residential precincts.

                                 Karrinyup Shopping Centre has been at the centre of the local community for a
                                 number of years providing a place for the community to meet, shop, dine and
                                 socialise. The redevelopment of the Centre will continue with this community
                                 focus but on a grander scale with the Centre nearly doubling in size from
                                 59,874sqm to 109,00sqm.

                                 The newly developed Centre will include:

                                 (a)       Additional supermarkets

                                 (b)       Large-format international retailers

                                 (c)       The latest in contemporary designer brands

                                 (d)       Comprehensive food and beverage offering including indoor and alfresco
                                           dining

                                 (e)       Large piazza, corso and main street

                                 (f)       Leisure, lifestyle and entertainment including a state-of-the-art 10 screen
                                           HOYTS cinema

                                 (g)       Residential apartments

                                 (h)       External landscaped community space

                                 The new food and beverage offerings will fit with the overall vision for the Centre.
                                 They will offer the best selection of local, farm fresh, organic and speciality foods
                                 split over two areas:

                                 (a)       the new outdoor dining and entertainment precinct located in the western
                                           side of the Centre (Outdoor Dining Precinct); and

                                 (b)       the café court located in eastern side of the Centre (Café Court).

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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
The primary function of the food and dining precincts will be a place for dining
                                 and socialising with the service of alcohol being incidental to this primary
                                 function.

                                 The following licensed premises are proposed:

                                 (a)       13 restaurant licenses (Outdoor Dining Precinct)

                                 (b)       6 restaurant licenses (Café Court)

                                 (c)       3 tavern licenses (Outdoor Dining Precinct)

                                 (d)       2 Special Facilities (Amusement Venue & Cinema Venue) (Outdoor
                                           Dining Precinct)

                                 The main food and beverage precinct, the Outdoor Dining Precinct, is largely on
                                 ground level with the exception of this venue which occupies two levels and a
                                 restaurant which will be located on level 1. Three of the tenancies will have
                                 alfresco dining for the exclusive use of the tenant of the premises.

                                 Figure 1: Floor Plans

 King & Wood Mallesons   Karrinyup Shopping Centre                                                                 3
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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
The food and beverage venues will be crucial anchors to the Centre. The aim is
                                 to provide quality venues for on-going sustainability. Food and beverage
                                 precincts in shopping centres are now crucial anchors for the success of centres
                                 with new-age, inventive food spaces now a key to driving customer traffic.

                                 Plans and artists impressions of the redeveloped Karrinyup Shopping Centre are
                                 attached at Annexure A.

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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
2       Dandelion Bar & Restaurant
                          2.1     Style of Venue
                                  The Applicant is a well-respected name in the hospitality industry bringing an
                                  upmarket, dynamically designed food and beverage offering to the Centre. The
                                  Dandelion is being labelled as a ’new suburban icon’ with a characterful identity
                                  and interactive spaces’. The venue will be at the forefront of modern styling and
                                  design providing a luxurious and inviting setting for patrons.

                                  The venue will boast bi-fold doors and alfresco area for warm summer days and
                                  a feature fireplace for the colder winter days.

                                  To develop and maintain the desired ambiance and patron profile, the Applicant
                                  has carefully planned all aspects of its proposal.

                                  Figure 2: Dandelion Ground Floor Plans

                                  Figure 3: Dandelion External Plans

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Dandelion Bar & Restaurant Karrinyup Shopping Centre - Public Interest Assessment
Figure 4: Dandelion Mood Boards

                                  See Annexure B for further concept plans and floorplan.

                          2.2     Capacity
                                  The Dandelion is designed to accommodate a maximum of 400 persons at any
                                  one time (patrons and staff), providing ample comfortable space and seating for
                                  patrons.

                          2.3     Management, supervision & training
                                  Operation of the venue will be benefited by the ‘hands on’ involvement of John
                                  Parker who will oversee and mentor senior management.

                                  Staff and approved managers will be subject to induction and ongoing in-house
                                  training to ensure the highest standard of service and a comprehensive
                                  knowledge of all legal requirements under the Act. Special emphasis will be
                                  placed upon responsible service principles (see below).

                          2.4     Dining
                                  Food service is central to all aspects of the Application and a key element of the
                                  venue concept.

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The food offering will be sophisticated and creative with the focus on high quality
                                  produce and service. It will be heavily influenced by local Western Australian
                                  produce including primate agriculture.

                                  Lunch and dinner service will be provided for patrons seven days per week. As
                                  part of its commitment to RSA principles, the Applicant intends to make a
                                  reasonable range of food available to patrons during all trading hours until
                                  30 minutes prior to closing.

                                  Consistent with the focus on food services, the Applicant will ensure that a
                                  substantial number of seats will be provided in the relevant parts of the
                                  Dandelion for the comfort of diners.

                                  Refer Annexure C for an indicative dining menu for the venue.

                          2.5     Beverage
                                  The Applicant intends to maintain beverage services with an emphasis on quality
                                  products, excellent service and stylish presentation.

                                  Alike the food offering, the beverage list will proudly integrate items that platform
                                  local suppliers and ingredients.

                                  The Venue will boast an on-site ‘wine cellar’ and the Venue wine list will
                                  encompass a range of varieties and regions to compliment dining services and to
                                  allow for food/wine compatibility from season to season.

                                  Craft beers and ciders will feature in the bar areas of the venue with a mix of
                                  imported beers and those sourced from local independent brewers.

                                  High quality spirit products will base the Dandelion’s cocktail list, offering a
                                  selection of cocktail classics and bespoke drinks.

                                  The Applicant will ensure that a range of mid strength, low strength and non-
                                  alcoholic products are available to patrons at all times. Drink products that would
                                  tend to encourage excessive or rapid consumption of alcohol and will not be
                                  promoted at the venue (see below).

                                  Refer Annexure C for an indicative beverage menu for the venue.

                          2.6     Functions
                                  The venue will cater for private functions in both internal and external areas of
                                  the venue.

                                  Function customers are expected to comprise a mix of private and corporate
                                  groups, including persons attending:

                                  (a)       Corporate events and conferences; and

                                  (b)       Private functions (birthdays, anniversaries, weddings etc).

                          2.7     Drink Policies
                                  The Applicant does not intend to promote drinks that would tend to encourage
                                  the rapid or excessive consumption of alcohol.

                                  Specifically, the Applicant will not offer customers at any time:

                                  (a)       energy drinks served with alcohol; or

                                  (b)       shots or shooters

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2.8     RSA compliance
                                  The Applicant is strongly committed to adhering to responsible service of alcohol
                                  (“RSA”) principles and proposes a number of voluntary measures in support of
                                  harm minimisation and RSA.

                                  The Applicant has filed a copy of the Management Plan for the venue in support
                                  of the Application.

                                  The Applicant is strongly committed to staff training with a focus on adherence to
                                  RSA principle.

                                  (a)       Induction training will include a strong emphasis on encouraging
                                            responsible consumption, pro-actively discouraging excessive or rapid
                                            consumption and effectively identifying signs of drunkenness and
                                            implementing effective measures to deal with patrons exhibiting such
                                            signs. This will apply to all ‘front of house’ staff including bar, wait and
                                            glass collection staff.

                                  (b)       Bar and wait staff will be trained to actively and routinely encourage
                                            patrons to combine alcohol consumption with food and to have ‘breaks’
                                            between consumption of alcoholic drinks by consuming water and/or
                                            non-alcoholic beverages;

                                  (c)       Regular refresher training will be conducted for all approved managers
                                            and general staff with a strong emphasis on RSA issues; and

                                  (d)       All front of house staff will be required to hold a valid Responsible
                                            Service of Alcohol Certificate

                                  Specific RSA policies and procedures to be implemented at the Venue will
                                  include the following:

                                  (e)       Bar, wait and glass collection staff to conduct ongoing assessment of the
                                            state of sobriety of patrons at all times and to report any signs of
                                            drunkenness immediately to the senior manager on duty.

                                  (f)       Managers to ensure that an ‘intox sweep’ of the venue is conducted
                                            regularly to identify any patrons exhibiting possible signs of drunkenness
                                            and to implement appropriate action in accordance with documented
                                            RSA practice for the Venue.

                                  (g)        A wide range of non-alcoholic and mid-strength drinks to be available
                                            and advertised at the venue during all trading hours.

                          2.9     Entertainment
                                  Entertainment at the venue will primarily take the form of background, ambient
                                  music provided by the venue’s in-house entertainment system. On occasion ‘low
                                  key’ live acts may be engaged to perform.

                                  The style of music will be carefully chosen to cater for the comfort and enjoyment
                                  of the broad range of patrons expected to be attracted to the venue

                          2.10    Dress Code
                                  The Applicant is aware that adherence to a carefully devised dress code can be
                                  an effective way to manage licensed premises and patron profile.

                                  The dress code for the Venue will be “smart casual”. This will be interpreted
                                  strictly by management to ensure that the venue is attended by the desired

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demographic and to minimise persons in a ‘high risk’ category from seeking to
                                  attend the venue.

                          2.11    Safety & Security
                                  The venue can be considered to be in a relatively low risk category in terms of
                                  safety and security given the following features:

                                  (a)       High quality design and fit-out;

                                  (b)       Significant focus on dining services as a central component of the venue
                                            concept;

                                  (c)       Food available for patrons during all trading hours until 30 minutes prior
                                            to closing;

                                  (d)       Strict RSA policies and procedures enforces at all times;

                                  (e)       Substantial seating provided for patrons;

                                  (f)       Strict dress code;

                                  (g)       Experienced and responsible licensee with strong track record of
                                            responsible management in the liquor industry;

                                  (h)       Commitment to high standard of staff training, quality management and
                                            extensive management controls, policies and procedures in place

                                  (i)       Comprehensive CCTV coverage

                          2.12    Neighbourhood & Amenity Issues
                                  The venue falls within a low risk category in terms of amenity and potential
                                  disturbance in light of the following relevant features:

                                  (a)       Venue located in the Centre with no sensitive premises in close proximity

                                  (b)       Operating only during normal permitted trading hours for a tavern (no
                                            late trading)

                                  (c)       Unlikely to attract any significant ‘at risk’ sections of the public in terms of
                                            irresponsible consumption of alcohol and/or anti-social behaviour due to
                                            its location within a well-established Centre in a good socio-economic
                                            area

                                  The Applicant is committed to ensuring that the venue operates as a positive
                                  addition to the local community and without causing negative impacts to persons
                                  working or residing in the vicinity.

                                  Accordingly, in assessing and developing this proposal, the Applicant has been
                                  careful to address any potential amenity and neighbourhood issues to minimise
                                  the risk of noise and disturbance.

                                  In this regard, it can be noted that the proposal involves:

                                  (a)       Venue design and layout specifically arranged to minimise the emission
                                            of noise;

                                  (b)       Low intensity style of use proposed with a significant focus on dining
                                            services at all times;

                                  (c)       Commitment to comprehensive management controls and staff training.

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Further, the Applicant will operate the venue in accordance with a range of
                                 policies and procedures specifically designed to minimise noise including
                                 considered times for the following: :

                                 (a)       Deliveries

                                 (b)       General rubbish collection

                                 (c)       Collection, internal handling and removal of glass

                                 (d)       Closing procedures

                          3      Development Approval
                                 Development Approval was granted on the 24th of August 2015.

                                 The Main Development Approval dates are as follows:

                                 •         Original - 24/08/2015

                                 •         Extension of Time – 15/08/2016

                                 •         Amended Conditions – 01/02/2016

                                 •         Amended DA 1 – 09/09/2016

                                 •         Amended DA 2 – 10/07/2017

                                 •         Amended Façade Approval – 17/05/2019

                                 •         Amended DA 5 – 23/10/2019

                                 •         PTA Conditions – 23/12/2019

                                 •         Staff parking and Conditions DA – 19/06/2020

                                               AMP Capital has commenced an $800 million redevelopment of
                                               Karrinyup Shopping Centre which will include various licensed
                                               premises in beautifully designed food and beverage precincts.

                                               The Dandelion will provide a sophisticated, dynamically designed
                                               restaurant and bar which will be a key element of the Centre.

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Karrinyup Shopping Centre

                          B      The Applicant

                          1      Dandelion Bar & Restaurant Pty Ltd

                                 John Parker, the sole director of Dandelion Bar & Restaurant Pty Ltd, is a third
                                 generation ‘publican’ with both his father and grandfather having operated hotels
                                 and bars in New Zealand. Mr Parker’s entire working life (25 years+) has been
                                 dedicated to the hospitality industry, with a history of senior management
                                 positions at high quality venues throughout the world. John’s impressive
                                 hospitality experience is broad in terms of geography (Auckland, London,
                                 Melbourne and Perth) and style (wineries, hotels, taverns, bars and restaurants).
                                 Currently, John Parker is the owner and licensee of The Standard (Tavern
                                 License) in Northbridge and The Royal Hotel Perth in Perth (Tavern Restricted
                                 Licence).

                                 The Dandelion will be owned and operated by John Parker, who is a highly
                                 successful and well-regarded owner and licensee. As with all of Mr Parker’s
                                 licensed premises, there will be strong focus on ongoing staff training in food and
                                 beverage product knowledge and RSA compliance.

                                 John Parker has been committed throughout this application process to ensuring
                                 that the proposed tavern restricted Licence is in the public interest.

                                 John Parker and Dandelion Bar & Restaurant Pty Ltd will adhere to
                                 comprehensive training protocol, with his experience and understanding that it is
                                 the best way to ensure that customer needs and expectations are met and
                                 exceeded consistently, while also ensuring all regulatory and compliance
                                 guidelines are closely monitored, managed and controlled.

                                 Mr Parker, as sole director of the licensee company, has had considerable
                                 hands-on experience in designing, developing and operating successful new
                                 licensed premises. Mr Parker has owned and operated venues in Perth,
                                 including The Royal, The Standard, Halford Bar and Arthouse Dine. No liquor
                                 infringements have been issued at the time of lodging this application.

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Training in wine, beer, food knowledge and appreciation, and responsible service
                                 of alcohol are run consistently at Mr Parker’s venues.

                                 Mr Parker’s venues have received numerous awards and accolades including:

                                 (a)        Perth’s Best Hospitality Venue 2020 at AHAWA Awards (The Royal
                                            Hotel Perth)

                                 (b)        Perth’s Best Restaurant 2020 at AHAWA Awards (Fleur at The Royal)

                                 (c)        Best Gastro Pub & Hotel – Western Australia in the 2021 Restaurant and
                                            Bar Awards for LUXlife Magazine (The Royal Hotel Perth)

                                 (d)        Australian Good Food Guide Chefs Hats for 2021 – 14 in total (Fleur at
                                            The Royal)

                                 (e)        Best Bar Award Barchella 2020 (The Royal Hotel Perth)

                                 (f)        Best Bar Dining 2019 at WA Good Food Guide awards (The Standard
                                            Perth)

                                       The Applicant is an award-winning hospitality professional with extensive
                                       local and global hospitality experience. He is a fit proper person to hold a
                                       liquor licence. He is a well-regarded and respected professional in the WA
                                       hospitality industry.

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Karrinyup Shopping Centre

                          Part 2 Public Interest Test

                          A          The Public Interest Test

                          1          What is the ‘public interest test’?
                                     For the application to be approved, the Applicant must satisfy the Director that
                                     the granting of the application is in the public interest pursuant to s 38(2) of the
                                     Act.

                                     While the Act does not define 'public interest', the Department of Local
                                     Government, Sport and Cultural Industries’ (DLGSC) policy refers to the
                                     Butterworth’s Australian Legal Dictionary as follows:

                                               "an interest in common to the public at large or a significant portion of the
                                               public and which may or may not involve the personal or propriety rights
                                               of individual people." 2

                                     A general discretion by reference to the criterion of the 'public interest' is not an
                                     unfettered discretion but will ordinarily be confined by the scope and purpose of
                                     the statute. 3

                          2          What needs to be satisfied to meet the public interest
                                     test?
                          2.1        Primary and secondary objects
                                     In assessing whether the Application is in the public interest, the Licensing
                                     Authority is bound to take into account the primary objects of the Act, and to the
                                     extent that they are not inconsistent with those primary objects, the secondary
                                     objects. 4 The primary and secondary objects of the Act set out in s 5 are:

                                     Primary Objects:

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

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

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

                                     Along with the primary objects, the Licensing Authority must also have regard to
                                     the secondary objects of the Act, which are:

                                     (a)       to facilitate the use and development of licensed facilities, including their
                                               use and development for the performance of live original music,
                                               reflecting the diversity of the requirements of consumers in the State;
                                               and

                          2     Department of Local Government, Sport and Cultural Industries (16 April 2020) ‘Public Interest
                                Assessment policy’ at p1.
                          3     Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [48]
                          4     ibid at [49]

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(b)        to provide adequate controls over the sale, disposal and consumption of
                                                 liquor; and

                                      (c)        to provide a flexible system, with as little formality or technicality as may
                                                 be practicable; and

                                      (d)        to encourage responsible attitudes and practices towards the promotion,
                                                 sale, supply, service and consumption of liquor that are consistent with
                                                 the interests of the community.

                                      The Licensing Authority's obligation to take account of the primary and secondary
                                      object is not diminished by the unfettered terms of the discretion conferred by
                                      s 33 of the Act. That section does not confer upon the Licensing Authority an
                                      unlimited power, but instead that power must be exercised consistently with the
                                      primary and secondary objects. 5

                          2.2         Additional factors
                                      The Licensing Authority is entitled to take into account the factual matters set out
                                      in s 38(4) in determining whether it is satisfied that the granting of the Application
                                      is in the public interest. 6 These factual matters are as follows:

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

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

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

                                      (d)        any effect the granting of the application might have in relation to
                                                 tourism, or community or cultural matters; and

                                      (e)        any other prescribed matter.

                                      It should be noted that s 5(2) of the Act is mandatory whereas s 38(4) is
                                      permissive. 7

                          3           About this PIA
                                      The role of this PIA is to address each of the objects outlined in the Act with
                                      regard to the specific premises. In order to satisfy the public interest test the
                                      Applicant has completed research, engaged various experts and conducted
                                      community consultation, including:

                                      (a)        engaging Rowe Group to provide planning and demographic data for the
                                                 locality;

                                      (b)        undertaking research and analysis of data on alcohol-related harm and
                                                 health, alcohol purchasing habits and social issues in the locality;

                                      (c)        undertaking a community survey with residents in the locality; and

                                      (d)        undertaking a review of other relevant licensed premises in the locality.

                          5     ibid at [53] - [54]
                          6     ibid at [50]
                          7     ibid at [49]

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Part 2 of this PIA addresses the requirements of the public interest test with
                                    reference to the various expert reports and data collected by the Applicant.

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Karrinyup Shopping Centre

                          B          Locality
                                     This section of the report defines the locality for the purposes of this PIA.

                          1          Defining the Locality
                                     The Licensing Authority describes the locality to be the area which is generally
                                     considered to be most impacted if the application is granted. 8 In this Application
                                     the Locality is 2km as the Dandelion is within 15km of the Perth CBD (Locality).

                                     However, depending on the nature of the application, the licensing authority may
                                     determine a different locality radius for a specific application, particularly where
                                     the potential impact on a specific sub-community or 'at risk' group is such that
                                     reference to this sub-community should also be made, notwithstanding that this
                                     group may be situated outside the 2 km radius of the proposed licensed
                                     premises.

                                     Therefore, the onus is on the Applicant to identify any potential 'at risk' groups
                                     which may travel through or make use of the Dandelion, or who may be impacted
                                     by the venue. This may include a group of people not situated within the
                                     boundaries of the town or suburb in which the proposed premises will be located.

                                     In the case of this Application the Applicant is satisfied that the 2km radius is
                                     appropriate.

                                     The Locality may be described as inner metropolitan, positioned within 12km of
                                     Perth CBD. The Locality takes in the suburbs of Karrinyup, Scarborough,
                                     Doubleview, Gwelup, Trigg, North Beach and Innaloo.

                                     A map of the Locality is attached at Annexure E.

                          2          Nature and Character of the Locality
                                     The Locality is a very advantaged area consisting of established coastal suburbs
                                     in the City of Stirling.

                                     The suburb of Karrinyup where the Centre is located is described as a mixed-use
                                     residential and commercial suburb with a population exceeding 9,200 people. 9
                                     Major development commenced in Karrinyup in 1957 and continued for several
                                     decades. The suburb has a range of extensive golf courses and parklands and
                                     is close to the beach.

                                     The commercial focus of the suburb of Karrinyup is Karrinyup Shopping Centre.
                                     It was built in 1973 and has undergone major developments throughout the
                                     decades. It is a major regional shopping centre located in the middle of the
                                     suburb of Karrinyup. The Centre has been at the centre of the local community
                                     for a number of years providing a place for friends and family to meet. The
                                     redevelopment of Karrinyup Shopping Centre will enhance this experience and
                                     continue to provide the local community with a place to sit, relax, play and
                                     connect with others.

                          8   Department of Racing, Gaming and Liquor, 'Public Interest Assessment Pursuant to section 38
                              of the Liquor Control Act 1988', Attachment 2 - Specification of 'Locality'.
                          9 https://reiwa.com.au/suburb/karrinyup/

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The Centre is accessible via Karrinyup Road, Burroughs Road, Francis Avenue
                                     and Davenport Street in Karrinyup. The major arterial roads include Mitchell
                                     Freeway, Karrinyup Road, Reid highway and Marmion Avenue.

                                     Median house process in Karrinyup are significantly higher than the Perth
                                     metropolitan region. The growth rate is also significantly higher.

                          3          Demographics
                                     The following demographic analysis has been prepared by Rowe Group 10 based
                                     on the 2016 Census data. The 2016 Census has been used to indicate recent
                                     trends.

                          3.1        Population
                                     The population of the Locality has risen by approximately 1.9% between 2011
                                     and 2016. At the time of the 2016 Census, the population of the Locality was
                                     24,800 and, with a conservative approach to the growth predictions, is expected
                                     to rise to 34,000 by 2031.

                                     The majority of the suburb of Karrinyup falls within the Locality. The population of
                                     Karrinyup has increased significantly between the 2011 and 2016 Census
                                     (8.9%).

                                     Table 1: Population by Suburb

                                       Suburb                   Population 2011       Population 2016          %Increase
                                       Karrinyup                      8,524                  9,283                  8.9%

                          10   Rowe Group (April 2020) ‘Karrinyup Shopping Centre: Liquor Licence Strategy – Harm
                                Minimisation Report’.

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The proportion of indigenous persons in the Locality is very low (0.9%) in
                                  comparison with the State (3.1%) and Greater Perth (1.6%).

                                  The Locality is largely comprised of mature adults, with a median age of 38 which
                                  is slightly older than the median age for Greater Perth (36) and the State (36).
                                  The proportion of persons aged 14 and younger (17.7%) and aged 19 and
                                  younger (23%) in the Locality are lower than for Greater Perth (19% and 25.2%
                                  respectively) and the State (19.2% and 25.3% respectively). The proportion of
                                  the Locality over the age of 65 (16.1%) is higher than Greater Perth (13.9%) and
                                  the State (14%).

                          3.2     Migrants
                                  The proportion of Australian born persons in the Locality (65.9%) is greater than
                                  the Greater Perth (57.3%) and the State (60.3%). In addition, the proportion of
                                  households where a non-English language is spoken in the Locality (15.4%) is
                                  lower than the Greater Perth (22.3%) and the State (19.4%).

                          3.3     Households
                                  There is a lower number of family households in the Locality (58.7%) compared
                                  with the Greater Perth (73%) and the State (72.7%). There is a higher proportion
                                  of couples without children (41.7%) compared with the Greater Perth (37.5%)
                                  and the State (38.5%). Single parent families are lower within the Locality.

                          3.4     Socio-Economic Status
                                  The Index of relative Socio-Economic Advantage/Disadvantage for the Locality is
                                  as follows (with one being the lowest rank and the most disadvantaged and 10
                                  being the highest and most advantaged)

                                  Table 2: SEIFA rankings

                                                       Relative Socio-Economic        Relative Socio-Economic
                                                       Advantage/Disadvantage         Advantage/Disadvantage
                                    Suburb             rank (state wide)              rank (national)
                                    Karrinyup                      10                             10
                                    Scarborough                    10                             10
                                    Doubleview                     10                             10
                                    Gwelup                         10                             10
                                    Trigg                          10                             10
                                    North Beach                  No data                        No data
                                    Innaloo                         8                              8

                                  These rankings show that the Locality is a very advantaged area with only one
                                  suburb ranking below 10.

                                  These rankings are also reflected in the income levels in the Locality. Income
                                  levels are overall higher than Greater Perth and State averages. The median
                                  weekly household income is $1,982 in the Locality compared with $1643 in Great
                                  Perth and $1,595 in the State. The number of people in the Locality earning more
                                  than $3,000 gross weekly income (30.3%) is considerably higher than in Greater
                                  Perth ($20.2%) and the State (19.2%).

                                  Unemployment is lower in the Locality (5.8%) compared with the Greater Perth
                                  (8.1%) and the State (7.8%). A greater proportion of the Locality are employed in

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professional services (46.5%) than the Greater Perth (33.7%) and the State
                                  (32.5%).

                          3.5     Summary
                                  The Locality is an affluent area with income levels that are well above the State
                                  and Greater Perth averages. It is a popular area for professionals with the
                                  number of people working in manager and professional roles significantly higher
                                  than Greater Perth.

                                  The area is well suited to the food and dining experience proposed at the
                                  Dandelion.

                          4       Sensitive Premises
                          4.1     Sensitive Premises
                                  The sensitive premises in the Locality are identified in part 3 of the Rowe Group
                                  Report.

                                  There are 32 sensitive premises in the Locality. Only 6 of the sensitive premises
                                  are within 500m radius of the Dandelion with the majority located a significant
                                  distance away.

                                  The sensitive premises are shown on the map attached at Annexure F.

                                  Table 3: Sensitive Premises

                                                           Use                           Number
                                    Aged Homes and Care/Nursing Homes                       5
                                    Church/Place of Worship                                 8
                                    Schools/Educational facilities                          15
                                    Hospitals/Care facilities                               4
                                    TOTAL                                                   32

                                  The closest sensitive premises to the Dandelion are a church, childcare premises
                                  and a medical centre. However, the venue will not be visible from any of these
                                  locations.

                                  The Dandelion is a food orientated venue where drinks are an accompaniment to
                                  a meal. It is not a venue that would typically attract at-risk groups. As discussed
                                  elsewhere in the PIA, well-run premises have been proved to actually improve
                                  issues with alcohol related harm. The Applicant and AMP will have strict policies
                                  in place to prevent the sale of alcohol to people who are intoxicated or under-
                                  age.

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Karrinyup Shopping Centre

                          C       Other Licensed Premises in the Locality

                          1       Licensed Premises
                          1.1     Overview
                                  The PIA Policy provides that applicants are required to provide the following
                                  outlet density information:

                                            if the applicant intends to sell packaged liquor, the location of all existing
                                            licensed premises within the locality

                                            if the applicant does not intend to sell packaged liquor, the location of all
                                            existing licensed premises within 500 metres

                                  Given that the Dandelion will form part of a larger food and beverage offering at
                                  Karrinyup Shopping Centre we have provided analysis of the licensed premises
                                  within 2 kilometres and 500m of the venue.

                                  Within 500m the offerings are as follows:

                                  (a)       1 liquor store

                                  (b)       1 club licence (restricted)

                                  (c)       1 restaurant licence

                                  (d)       1 special facility licence

                                  These are shown on the Licenced Premises plan at Annexure G and the table
                                  below provides further details on each licence.

                                  There are no tavern licences within 500m of the Dandelion and there is only 1
                                  restaurant licence. Within 2km there is 1 tavern licence and 4 restaurant licences.

                                  There are no food and beverage offerings which are comparable to that being
                                  proposed at the Dandelion.

                                  Table 4– Licences within 500m and 2km

                                                                                                                    Approx.
                                                                                                                    Distance
                                                                                                        Approx.     to centre
                                                                                                        distance    by
                                     Licence       Premises                                             to centre   vehicle
                                     Type          Name               Licensee           Address        (KM)        (KM)
                                     Within 500m
                                     LIQ- Liquor   BWS –              Endeavour          Karrinyup      In centre   In centre
                                     store         Karrinyup          Group Limited      Shopping
                                                                                         Centre
                                                                                         Karrinyup WA
                                                                                         6018
                                     LIQ-          Café 34            Heliopolies        Shop G34       In Centre   In Centre
                                     Restaurant                       Services Pty       Karrinyup
                                                                      Ltd                Shopping
                                                                                         Centre,
                                                                                         Karrinyup WA
                                                                                         6018
                                     LIQ -Club     Karrinyup          Karrinyup          Karrinyup      0.4km       1.4km
                                     Restricted    Cricket Club Inc   Cricket Club Inc   Reserve

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Approx.
                                                                                                                    Distance
                                                                                                        Approx.     to centre
                                                                                                        distance    by
                                    Licence       Premises                                              to centre   vehicle
                                    Type          Name               Licensee          Address          (KM)        (KM)
                                                                                       Karrinyup WA
                                                                                       6018
                                    LIQ-          Limobus Perth      Strategic Glum    32A Treswell     0.4km       0.9km
                                    Special                          Pty Ltd           Court
                                    Facility                                           Karrinyup WA
                                    Licence                                            6018
                                    Within 2km
                                    LIQ-Club      West Stirling      West Stirling     Millington       0.8km       1.9km
                                    Restricted    Baseball Club      Baseball Club     Reserve
                                                  Inc                Inc               Karrinyup WA
                                                                                       6018
                                    LIQ-          Westons            Westons           92b              1.1km       1.6km
                                    Wholesaler    Australia Pty      Australia Pty     Newborough
                                    s             Ltd                Ltd               Street
                                                                                       Karrinyup WA
                                                                                       6018
                                    LIQ-          Little Sisto       Sisto(WA) Pty     145 Sackville    1.1km       1.9km
                                    Restaurant                       Ltd               Trc,
                                                                                       Doubleview
                                                                                       WA 6018
                                    LIQ –         Gleneagles Bar     Westregal         102 Marmion      1.3km       1.9km
                                    Special       and Reception      Australia Pty     Avenue,
                                    Facility      Centre             Ltd               Karrinyup WA
                                    Licence                                            6018
                                    LIQ-          Palinda Wines      Palinda Wines     39 Maynard       1.3km       2.5km
                                    Wholesaler    Pty Ltd            Pty Ltd           Way,
                                                                                       Karrinyup WA
                                                                                       6018
                                    LIQ-          Wine               Bradley Edward    21 Willowbank    1.4km       4.8km
                                    Wholesaler    Warehouse          Cox               Entrance
                                    s                                                  Gwelup WA
                                                                                       6018
                                    LIQ – Club    Scarborough        Scarborough       75 Deanmore      1.5km       2.1km
                                                  Sports and         Sports and        Road
                                                  Community Inc      Community Inc     Scarborough
                                                                                       WA 6019
                                    LIQ-Club      Northern           Northern          Abbet Park,      1.5km       2.0km
                                    Restricted    Districts Social   Districts         Scarborough
                                                  Club                                 WA 6019
                                    LIQ-Club      Innaloo            Innaloo           75 Birdwood      1.5km       2.4km
                                                  Sportsmen          Sportsmens        Street Innaloo
                                                  Club Inc           Club Inc          WA 6018
                                    LIQ-Club      Stirling City      Stirling City     Langley          1.5km       2.4km
                                    Restricted    Toscany            Toscany           Crescent
                                                  (Panthers)         (Panthers)        Innaloo WA
                                                  soccer Club Inc    Soccer Club Inc   6018
                                    LIQ-Liquor    Liquorland         Liquorland        Gwelup           1.5km       3.0km
                                    Store         Gwelup             (Australia) Pty   Shopping
                                                                     Ltd               Centre North
                                                                                       Beach Road &
                                                                                       Wishard
                                                                                       Street Gwelup
                                                                                       WA 6018
                                    LIQ- Club     Croatian House     Croatian House    Lot 2 Wishart    1.5km       2.9km
                                                  Hrvatski Dom       Hrvatski Dom      Street Gwelup
                                                  Inc                Inc               WA 6018
                                    LIQ-          The Saint          Australian        2 Morris         1.7km       2.4km
                                    Tavern        George Hotel       Leisure and       Road, Innaloo
                                                                                       WA 6018

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Approx.
                                                                                                                Distance
                                                                                                    Approx.     to centre
                                                                                                    distance    by
                                     Licence       Premises                                         to centre   vehicle
                                     Type          Name              Licensee         Address       (KM)        (KM)
                                                                     Hospitality
                                                                     Group Pty Ltd
                                     LIQ –         Scarborough       Lukey            166A          1.7km       2.3km
                                     Liquor        Cellars           Nominees Pty     Scarborough
                                     Store                           Ltd              Beach Road,
                                                                                      Scarborough
                                                                                      WA 6019
                                     LIQ –         Al Fornetto       Campagna         199           1.7km       2.3km
                                     Restaurant    Café Ristorante   Nominees Pty     Scarborough
                                                   Pizzeria Perth    Ltd              Beach Road
                                                                                      Doubleview
                                                                                      WA 6018
                                     LIQ-          Café Relish       Café Unique      193C          1.8km       2.3km
                                     Restaurant                      Pty Ltd          Scarborough
                                                                                      Beach Road
                                                                                      Doubleview
                                                                                      WA 6018
                                     LIQ-Club      Lake Karrinyup    Lake Karrinyup   North Beach   1.8km       3.1km
                                                   Country Club      Country Club     Road,
                                                                                      Karrinyup

                          1.2     Comparison with the Dandelion
                                  The only current tavern licence in the Locality is the Saint George Hotel (Saint) in
                                  Innaloo. This venue is vastly different to the Dandelion offering. The Saint is a
                                  local pub and sports bar offering traditional pub or sports-bar style fast-food such
                                  as pizzas, fish and chips and burgers. It is aimed at providing lower-cost basic
                                  meals with multiple food and beverage daily specials such as ‘Parmi Fridays’ and
                                  ‘Thursday Burger Joint’. It is located in Innaloo, approximately 2.4km driving
                                  distance from the Dandelion.

                                  The Dandelion will provide an upmarket venue with a sophisticated and creative
                                  food and beverage offering in stylish and elegant surrounds. The Dandelion aims
                                  to cater to those wishing to relax and enjoy exquisite meals and drinks in a
                                  relaxed, soulful environment. The style, offering and clientele at the Dandelion
                                  will be very different to the Saint.

                                      The Locality is a very advantaged area with an increasing population
                                      especially in the suburb of Karrinyup. The Locality has a mature population
                                      with lower than average numbers of young people compared with State and
                                      Greater Perth. There are very few sensitive premises in the Locality.

                                      There are no comparable premises to the Dandelion in the Locality. The
                                      Dandelion will provide a unique offering which will suit the needs of the
                                      local residents.

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Karrinyup Shopping Centre

                          D       Consumer Requirement and the Proper Development
                                  of the Industry

                          1       Australian Hospitality Market
                                  One of the primary objects of the Act is to cater for the requirements of
                                  consumers for liquor and related services, with regard to the proper development
                                  of the liquor industry, the tourism industry and other hospitality industries in the
                                  State.

                          1.1     Shopping Centre Food & Beverage Trends
                                  Food and beverage venues are crucial anchors for shopping centres such as
                                  Karrinyup Shopping Centre. There is a growing global trend of food and
                                  beverage tenants increasing their share of the gross lettable area in shopping
                                  centres. A recent F & B Trends report 11 reported that:

                                            “The retail industry across the globe, and specifically Australia, is
                                            undergoing a transformation – an adaption to consumer behaviour and
                                            preferences… it has become essential that retail centres and mixed use
                                            developments create a ‘community vernacular’… [t]his can only be done
                                            through the amalgamation of food and entertainment, and by presenting
                                            F & B experiences as an ‘anchor’ of the development.”

                                  The report also highlights that there is a demand for alfresco dining in food and
                                  beverage clusters that people can visit without interfacing with retail. It notes that
                                  externalising the food and beverage offering with weather protection is critical for
                                  longevity of a retail centre. This is exactly the trend that the Karrinyup Shopping
                                  Centre and the Dandelion is looking to achieve with the Outdoor Dining Precinct.
                                  Shopping centres now require a ‘Third Space’ to enable people to congregate
                                  and socialise.

                                  According to a CBRE global survey a few years ago a growing number of people
                                  are expected to go to a shopping centre just to eat or drink. The survey also
                                  found that there will be a focus on quality of offer, innovation and consumer
                                  acceptance. 12

                                  In 2018 CBRE Retail Leasing Director noted that:

                                            “The demand for F&B services is surging – it’s common for the average
                                            millennial to eat out as much as four times a week – so there is room for
                                            more hospitality operators to join the market and/or occupy further retail
                                            space in the CBD precincts, particularly when other retail services are
                                            moving online.”

                                            “Today, retailers are no longer competing on price – customers are more
                                            invested in human interaction and experiences, and that is ultimately the
                                            key to any retailer’s success,” Mr Ainsworth concluded. 13

                          11 M3 Property Strategists ‘Food and Beverage Trends Influencing Shopping Centres’ accessed at
                              https://m3property.com.au/wp-content/uploads/2018/11/FB-Trends-Paper-_170918.pdf
                          12 CBRE (2015) ‘Food and Beverage in a Shopping Centre – EMEA Research’ accessed at

                              https://hr-infos.fr/wp-content/uploads/2016/11/CBR034FoodBeverageReport2015Final-
                              20151021150927-1.pdf
                          13 PHQ (2/11/2018) ‘Food & Beverage driving retail sector’ accessed at

                              https://www.propertyhq.com.au/news-blog-and-research/food-beverage-driving-retail-sector/

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The redeveloped food and beverage precincts at the Karrinyup Shopping Centre
                                   will meet the consumer requirement for community focused, modern food and
                                   beverage precincts creating a ‘third Space’ in the Centre.

                          1.2      Tourism
                                   Although Karrinyup is not a tourist destination per se its coastal location only
                                   12km outside of the Perth CBD and the extensive retail offerings at the Centre
                                   are likely to attract tourists visiting Perth.

                                   In 2015 Tourism Western Australia released ‘Taste 2020: A strategy for food and
                                   wine tourism in Western Australia for the next five years and beyond’ (Taste).
                                   The purpose of the strategy is to strengthen Western Australia’s position as an
                                   internationally recognised gourmet travel destination.

                                   Taste identified a number of opportunities for tourism in Western Australia,
                                   including:

                                   (a)      increasing the diversity of offerings and encouraging innovation;

                                   (b)      increasing the marketing focus and promotion of open spaces, purity of
                                            produce, authenticity and integrity; and

                                   (c)      linking and cross-promoting food and wine events. 14

                                   Taste found that recent research projects undertaken by Tourism WA and others
                                   across domestic and international markets, indicate that consumers have five key
                                   demands of food and wine experiences:

                                   (a)      Natural beauty - a desire for food and wine experiences in spectacular
                                            surroundings;

                                   (b)      Value for money - the need for experiences to meet expectations and for
                                            consumers to feel that they have received value for money;

                                   (c)      Casual dining - visitors prefer experiences that are informal and laid
                                            back;

                                   (d)      Provenance - vendors should offer fresh local produce and unique and
                                            authentic regional produce; and

                                   (e)      Accessibility - creating more opportunity for visitors to access more
                                            remote culinary experiences such as bush tucker and culinary trails. 15

                                   The redeveloped food and beverage offering at Karrinyup Shopping Centre
                                   including the Dandelion will fulfil these opportunities and satisfy these demands.
                                   There will be a variety of offerings including cafés, restaurants, bars and events.

                                   The redevelopment will revolutionise the food and wine experience in the Centre
                                   and in the local area by providing a modern and innovative setting with
                                   landscaped gardens and social areas where people can enjoy good food and
                                   beverages. The emphasis will be on local, authentic produce.

                                   The Dandelion will provide a high quality good and beverage menu with a focus
                                   on local Western Australian produce, that platforms local suppliers. This

                          14 Tourism Western Australia ‘Taste 2020A strategy for food and wine tourism in Western Australia
                          for the next five years and beyond 2015-2020’ at p17
                          15 ibid at p21

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combined with the carefully curated aesthetic of the venue will likely satisfy the
                                  desires of tourists and the local community alike.

                                  The food and beverage offerings at the newly developed Centre including the
                                  Dandelion will meet the primary objective of catering for the requirements of
                                  consumers for liquor and related services, with regard to the proper development
                                  of the liquor industry, the tourism industry and other hospitality industries in WA.

                          2       Customers
                          2.1     Key customer segments
                                  Pursuant to the City of Stirling Local Planning Scheme No.3 (LP3) Karrinyup
                                  Shopping Centre is zoned as a ‘Regional Centre’ zone. The objectives of the
                                  ‘Regional Centre’ include the following:

                                            To provide for the full range of shopping, office, administrative, social,
                                            recreation, entertainment and community services, consistent with the
                                            region-serving role of the centre.

                                  The redevelopment of the Centre will result in it nearly doubling in size from
                                  59,874sqm to 109,000sqm. Given the size of the Centre and its coastal location
                                  only 12km from the Perth CBD it will service a wide variety of consumers, which
                                  can be divided into the following general groups:

                                  (a)       local and wider metropolitan residents; and

                                  (b)       tourists and visitors from intrastate, interstate and overseas.

                          3       Community Survey
                                  The Applicant designed a survey and conducted interviews with residents in the
                                  Locality.

                                  A total of 61 people were interviewed at Karrinyup Shopping Centre on Thursday
                                  the 24th of June.

                                  A copy of the survey results is attached at Annexure D.

                          3.1     The Demographics
                                  The survey interviewed a broad range of people to provide the best indication of
                                  community attitudes towards the Proposed Premises.

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(a)       Age Group

                                 (b)       Gender

                                 (c)       Location

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Of the survey responses collected, 61.37% of people answered the question
                                  ‘Which of the below best describes the area you live in?’ with ‘Other’.
                                  Responses included: Northbridge, North Perth, Fremantle, Inglewood, Mount
                                  Lawley, Subiaco, Maylands and West Leederville. This shows that people
                                  currently already travel to Karrinyup Shopping Centre from outside their own
                                  locality.

                          3.2     The Results
                                  (a)       Behaviour and Usage

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(b)       Good Idea

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(c)       Usage

                                 (d)       Public Interest

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3.3     Conclusion
                                  The results of the survey show that the conditional grant of a Tavern Restricted
                                  license to the experienced operator of Dandelion Bar and Restaurant, will be in
                                  the public interest.

                                  The redeveloped Centre and the Proposed Premises will cater for the
 King & Wood Mallesons           requirements
                           Karrinyup             of consumers for liquor and related services, with regard to
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                                    2021
                                       proper development of the liquor industry, the tourism industry and
                                  other hospitality industries in the State. It will also enable the Centre to
                                    achieve current trends in relation to shopping centres and food and
E           How does the Proposal Address the Minimisation of
                                      Harm and Ill Health??
                                      Harm minimisation is one of the primary objects of the Act. In that regard, it is
                                      important to note a number of established principles.

                                      First, harm minimisation is not a more important or fundamental object than the
                                      primary object of catering for the requirements of consumers of liquor and related
                                      services with regard to the proper development of the liquor industry, the tourism
                                      industry and other hospitality industries in Western Australia. Harm minimisation
                                      is not the primary regulatory object or consideration of the Act.

                                      Secondly, the primary object in s 5(1)(b) of the Act is to "minimise'' harm or ill-
                                      health, not to prevent harm or ill-health. The word "minimise" is consistent with
                                      the need to weigh and balance all relevant considerations. 16

                                      Thirdly, it is necessary to determine the likelihood of harm or ill-health occurring,
                                      and to weigh that matter against the other objects which the Licensing Authority
                                      finds may be promoted by the grant of the application. 17

                                      As the Court of Appeal was moved to observe in Woolworths Ltd v Director of
                                      Liquor Licensing at [52]:

                                                 "On the proper construction of the Act (in particular, s 5(1), s 5(2), s
                                                 16(1), s 16(7), s30A(1), s 33 and s 38(2)), the Commission was obliged
                                                 to take into account the public interest in:

                                                 (a)       catering for the requirements of consumers for liquor and related
                                                           services with regard to the proper development of the liquor
                                                           industry in the State (s5(1)(c)); and

                                                 (b)       facilitating the use and development of licensed facilities so as to
                                                           reflect the diversity of the requirements of consumers in the
                                                           State (s 5(2)(a))".

                                      Fourthly, in order properly to assess matters related to harm minimisation the
                                      Licensing Authority is required to make findings about the likely degree of harm
                                      to result from the grant of the liquor application in contrast to the existing degree
                                      of harm. 18

                                      Fifthly, the Licensing Authority's findings must be made by a rational evaluation
                                      of the probative evidence on its merits. The licensing authority must act judicially
                                      and apply provisions of the Act to its findings and conclusions of the evidence. 19

                          1           Current Alcohol Consumption Trends in Australia and
                                      Western Australia
                               1.1      Australia
                                      Alcohol consumption in Australia has been on a steady decline for more than 40
                                      years with consumption per capita in 2017-2018 continuing its decade on decade

                          16    Executive Director of Public Health v Lilly Creek International Pty Ltd (2000) 22 WAR 510 at [20],
                          17    Executive Director of Public Health v Highmoon Pty Ltd [2002] WASCA 77 at [10].
                          18    Carnegies Realty Pty Ltd v Director of Liquor Licensing [2015] WASC 208 at [46],
                          19    Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [55], [59], [62] and [63],

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decline as ‘moderate consumption becomes the norm in Australia’. 20 Australians
                                   are drinking less alcohol per capita over all. 21

                                    It is believed that premiumisation is leading to a “less but better” attitude in
                                   Australia. Also, the increased focus on health and wellness has resulted in
                                   health-conscious consumers opting for low and no-alcohol options as we shift
                                   towards “mindful drinking”. 22

                                   Studies have shown that less than 15% of people in Australia actually drink in a
                                   truly risky and harmful manner, notwithstanding reports about risky drinking
                                   levels in Australia. 23

                                   The Australian Institute of Health and Welfare has released the following data
                                   which highlights the decline in risky alcohol behaviour in Australia 24:

                                   •        The majority of Australians aged 14 years and over consume alcohol,
                                            however the proportion of people drinking in excess of lifetime risk
                                            guidelines has been declining and continues to decline.

                                   •        Between 1967–68 to 2017–18, the proportion of apparent consumption
                                            of different alcoholic beverages have changed substantially with
                                            decreases in the consumption of beer (from 73.5% to 39.0%) and
                                            increases in the consumption of wine (from 14.4% to 38.6%).

                                   •        Data from multiple sources indicate that there has been a decline in the
                                            proportion of Australians exceeding the National Health and Medical
                                            Research Council (HMRC) guidelines for lifetime risk by consuming
                                            more than two standard drinks per day, on average.

                                   •        The National Drug Strategy Household Survey (NDSHS) 2016 found that
                                            the proportion of people aged 14 and older exceeding lifetime risk
                                            guidelines declined significantly from 19.1% in 2013 (21% in 2001) to
                                            18.0% in 2016.

                                   •        The National Health Survey25 (NHS) reported that in 2017–18, 16.0% of
                                            adults aged 18 and over exceeded the lifetime risk guideline, a decrease
                                            from 17.3% in 2014-15 and 19.4% in 2011–12 (Table S2.26).

                                   •        2016 NDSHS findings showed that people aged 14 or older living in
                                            Remote and Very Remote areas of Australia are about 1.5 times more
                                            likely than people living in Major cities to exceed lifetime risk guidelines
                                            (26% compared with 15%) and the single occasion risk guidelines (at

                          20Wine Australia (22 October 2019) ‘Trends in other alcoholic beverages’ accessed at
                             https://www.wineaustralia.com/news/market-bulletin/issue-179; Australian Bureau of
                             Statistics(09/09/2019) ‘4307.0.55.001 ‘Apparent Consumption of Alcohol, Australia, 2017-18’
                             accessed at
                             https://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/4307.0.55.001Main%20Features620
                             17-18?opendocument&tabname=Summary&prodno=4307.0.55.001&issue=2017-
                             18&num=&view=
                          21 Business Monitor International (2017) 'Australia Food & Drink Report Q1 2018 at p16.

                          22 Play Market Research (‘the biggest alcohol trends for 2020’ accessed at

                             https://www.playmr.com.au/blog/the-biggest-alcohol-trends-for-2020
                          23 Dr Anne Fox, (January 2015) 'Understanding behaviour in the Australian and New Zealand

                             night-time economies', p 11.
                          24 Australian Institute of health and Welfare ‘Alcohol, tobacco & other drugs in Australia’ (Last

                             updated January 2020) accessed at https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-
                             other-drugs-australia/contentxs/drug-types/alcohol

                          25 Australian Bureau of Statistics, ‘National Health Survey : First Results, 2017-2018’ accessed at

                          https://www.abs.gov.au/ausstats/abs@.nsf/mf/4364.0.55.001

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