Dayton Liquor Store - Department of Local Government, Sport ...
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p: (08) 6278 2788 f: (08) 6278 2988 e: phil@canford.com.au mob: 0417 976 009 postal: PO Box 389 Guildford WA 6935 Dayton Liquor Store 36 Repton Street, Dayton Application for a Liquor Store Licence Section 38 Submissions Public Interest Assessment October 2019 COPYRIGHT © Canford Hospitality Consultants Pty Ltd 2019 Copyright in this document is the property of Canford Hospitality Consultants Pty Ltd. This document may not be copied or reproduced in whole or in part without the specific prior written consent of Canford Hospitality Consultants Pty Ltd. Canford Hospitality Consultants Pty Ltd may seek both injunctive relief restraining the unauthorised use of this document (or any part thereof) and an accounting for profits action against any person or entity who so copies or reproduces this document (or any part thereof) without said prior written consent.
Contents 1 Introduction......................................................................... 3 2. The Locality......................................................................... 7 3. Demographics of the Locality ................................................... 16 4. Outlet Density ..................................................................... 20 5. Population Growth in the locality .............................................. 23 6. Proposed Style of Operation .................................................... 32 7. Traffic Volumes and Public Transport ......................................... 34 8. Background and Experience of the Applicant ................................. 37 9. Risk Assessment with respect to Harm and Ill Health ....................... 38 10. A Report on the amenity of the Locality ...................................... 42 11. Section 38(4)(c) - Offence, Annoyance, Disturbance or Inconvenience... 43 12. Section 5(1)(a) of the Liquor Control Act (1988) ............................. 44 13. Section 5(1)(b) of the Liquor Control Act (1988) ............................. 45 14. Section 5(1)(c) of the Liquor Control Act (1988) ............................. 46 15. Section 5(2)(a)(d)(e)(f) of the Liquor Control Act (1988) ................... 47 16. Objective Public Interest Evidence............................................. 48 17. Conclusion ......................................................................... 50 Attachments ............................................................................... 52 Canford Hospitality Consultants Pty Ltd | Introduction Page 2 of 53
1 Introduction 1.1. Dayton Liquor Store Pty Ltd is applying to the Licensing Authority for the grant of a liquor store licence for premises located at 36 Repton Street, Dayton. 1.2. The proposed name of the liquor store is Dayton Liquor Store and it will be situated in the new Dayton Commercial Centre (DCC). The DCC development of approximately 2,000m2 is due to open in September 2020, and will include; 1.2.1. A new IGA Supermarket of 1,000m2; 1.2.2. The proposed Dayton Liquor store and drive through facility (should this application be successful); 1.2.3. A chemist and medical centre 1.2.4. Café and specialty shops. 1.3. The proposal is for a liquor store of 282m2 with a 165m2 drive through facility attached to it. The premises will be located near the new Dayton IGA supermarket offering local residents the convenience of a full-service supermarket, a cafe and a quality packaged liquor offer in close proximity to each other. 1.4. According to the November 2017 Urbis Retail Sustainability Assessment Report (Attachment 1); 1.4.1. “In order to assess the need, demand and impact of the proposed convenience retail node within the Dayton Commercial Centre a catchment area covering Dayton and part of Bennett Springs has been utilised for the assessment” 1.5. Page 25 of that report states; 1.5.1. “Currently, the more than 4,000 residents, which is expected to reach around 7,600 within the next five years, have no access to retail shops and services locally. The nearest retail centre is located in Caversham. There are few areas in Perth where residents have such limited access to shops servicing everyday retail needs” 1.5.2. “The 2,000 sq.m of PLUC 5 shop/retail floorspace would capture only a modest share of available retail expenditure generated by catchment area residents. In the long term 95% of catchment area expenditure will still be available to support other existing and planned activity centres in the relevant region (e.g. Dayton, West Swan, Brabham and Caversham)”. 1.6. As the proposed liquor store is to be located within close proximity to the IGA Supermarket, shopping for liquor can be conveniently done as part of the normal weekly shopping excursion and will not require a separate trip or stop. 1.7. These submissions are designed to address the public interest requirements as set out in Section 38 of the Liquor Control Act 1988. 1.8. These submissions have been drafted by Canford Hospitality Consultants Pty Ltd (Canford) in consultation with Stanley Horsman, a representative of the applicant company and references to the applicant or the applicant’s opinion relate to Mr. Horsman. Canford Hospitality Consultants Pty Ltd | Introduction Page 3 of 53
1.9. Section 38(2) of the Act sets out the matters to be taken into account by the Licensing Authority in deciding whether or not to grant a Liquor Store Licence. Specifically, it states: 1.9.1. “An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest” 1.10. Section 38(4) of the Liquor Control Act states the licensing authority may have regard to the following matters when considering an application for a liquor licence; 1.10.1. “Without limiting subsection (2), the matters the licensing authority may have regard to in determining whether granting an application is in the public interest include — 1.10.1.1. “the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; and 1.10.1.2. whether the amenity, quiet or good order of the locality in which the licensed premises or proposed licensed premises are, or are to be, situated might in some manner be lessened; and 1.10.1.3. whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and 1.10.1.4. any effect the granting of the application might have in relation to tourism, or community or cultural matters; and 1.10.1.5. any other prescribed matter”. 1.11. The objects of the Act are expressed at s.5 of the Act, which states that the primary objects of the Act are – 1.11.1. “to regulate the sale, supply and consumption of liquor; and 1.11.2. to minimise harm or ill-health caused to people, or any group of people, due to the use of liquor, and 1.11.3. to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State”. 1.12. Section 5 of the Act also includes the following Secondary Objects; 1.12.1. “In carrying out its functions under this Act, the licensing authority shall have regard to the primary objects of this Act and also to the following secondary objects- 1.12.1.1. “To facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; 1.12.1.2. To provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; Canford Hospitality Consultants Pty Ltd | Introduction Page 4 of 53
1.12.1.3. To provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act, and 1.12.1.4. to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community”. 1.13. Consequently, the applicant will consider all the new provisions in these submissions. 1.14. Further Section 5(3) states “If, in carrying out any function under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence”. 1.15. The Director General provides advice to applicants for a liquor licence on the Department of Local Government, Sport and Cultural Industries website (http://www.rgl.wa.gov.au/). In a note on the website, the Director made the following comments; 1.15.1. “The proliferation of liquor outlets is not in the public interest. To increase the number of licensed premises without any real and demonstrable consumer requirement, would represent proliferation without justification.” 1.15.2. “The licensing authority must also weigh and balance the requirements of consumers against the object of minimising harm or ill-health caused to people, or any group of people due to the use of liquor.” 1.15.3. “For an applicant to discharge its onus under section 38(2), it must address both positive and negative impacts that the grant of the application will have on the local community.” 1.15.4. “This means applicants must adduce sufficient evidence to demonstrate the positive aspects of their application, including that the proposed licence will cater for the requirements for consumers for liquor and related services. The Liquor Commission has determined that failing to do this means “...the granting of licences under the Act would become arbitrary and not in accordance with the objects of the Act.” (LC 32/2010:Element WA Pty Ltd)” 1.16. According to a media release by the Premier’s office “Cheers to WA: Everyone’s a winner under State’s new liquor laws” dated 14th August 2018, Premier Mark McGowan pertaining to the Liquor Control Act Amendment Bill 2018, stated; 1.16.1. “The new changes coming into effect this weekend strike the right balance between community health and safety while encouraging a more tourism-friendly hospitality culture”. 1.16.2. “Tourism is a key economic driver for WA and plays a vital role in our plan to diversify the State's economy and create new jobs”. 1.17. In the same media release, Minister Paul Papalia is quoted as saying; 1.17.1. “The passing of this legislation represents the most significant liquor reforms for the State in over a decade and delivers on our Government's plan for jobs by supporting opportunities for business growth and driving visitation to our wonderful State”. Canford Hospitality Consultants Pty Ltd | Introduction Page 5 of 53
1.17.2. “It is time to modernise the hospitality and tourism industries, and these laws strike a good balance between the responsible consumption of liquor together with the tourism and employment benefits of a dynamic and prosperous hospitality industry”. 1.17.3. “These reforms will mean venues that deliver cultural and tourism value will have a better chance of obtaining a suitable liquor licence”. 1.17.4. “By cutting red tape we are supporting exciting local businesses, creating more jobs and moving towards a tourism-friendly hospitality industry”. 1.18. The licensing authority regulates the sale, and supply of alcohol. They seek to strike a balance between catering for the requirements for liquor and liquor related services whilst minimising the potential for harm and ill-health to the community through the abuse of alcohol. So the framework exists for the granting of new liquor licences in appropriate circumstances. 1.19. The applicant has also considered the outlet density of the location and it will be shown in these submissions how this application is in keeping with the primary objects of the Act and does not constitute a proliferation of liquor licences in this locality. 1.20. The applicant has also considered the demographics of the locality and will also demonstrate in other sections of these submissions the proposed liquor store is well planned to provide these important packaged liquor services with very little potential for increased harm or ill health. Canford Hospitality Consultants Pty Ltd | Introduction Page 6 of 53
2. The Locality 2.1. The proposed premises will be located at 36 Repton Street, in the Dayton suburb, within the new Dayton Commercial Centre (DCC). 2.2. In defining the “locality” affected by the application, guidance has been provided by “Public Interest Assessment – A Policy of the Director of Liquor Licensing”. 2.3. The Director’s policy states that: 2.3.1. “As part of a PIA submission, applicants must provide details regarding the community in the vicinity of the licensed premises (or proposed licensed premises) and any amenity issues in the locality. 2.3.2. The term “locality” in this instance refers to the area surrounding the proposed licensed premises. This locality will be the area most likely to be affected by the granting of an application in relation to amenity issues. 2.3.3. However, in terms of potential harm or ill-health impacts on the community an applicant may need to consider a wider geographical area depending on the intended nature of the business”. 2.4. In this document the locality definition for Dayton is stated as a 3km radius of the subject premises. 2.5. The following map, as taken from the Nearmap website shows the location of the proposed premises. Additionally, the map also illustrates the area encompassed by the 3km radius. The subject premises Canford Hospitality Consultants Pty Ltd | The Locality Page 7 of 53
2.6. To assist in further defining the locality it will be useful to examine the following factors; 2.6.1. The physical location of the subject premises; 2.6.2. The presence of natural or human made boundaries that effectively separate one local community from another; and 2.6.3. The community most likely to be impacted by the grant of this application. 2.7. The physical location of the subject premises; 2.7.1. As previously mentioned in paragraph 2.1 above, the subject premises will be part of the new Dayton Commercial Centre which will be located on Repton Road in the suburb of Dayton. 2.7.2. The proposed Dayton Liquor Store will be surrounded by the following businesses; 2.7.2.1. An IGA Supermarket; 2.7.2.2. Café; 2.7.2.3. Specialty shops; 2.7.2.4. A Medical Centre; 2.7.2.5. Community facilities; and 2.7.2.6. A chemist. 2.7.3. Attachment 2 contains the ‘Traffic Impact Assessment’ dated April 2019 prepared by Transcore. The report states; 2.7.3.1. “The subject site currently consists of a number of rural / residential properties and vacant rural land as shown in Figure 2. 2.7.3.2. Other properties to the north and west are currently also low density rural / residential properties. Residential subdivision development has already progressed in other nearby areas, particularly south of Cranleigh Street and east of Lord Street, as can be seen in Figure 2”. Canford Hospitality Consultants Pty Ltd | The Locality Page 8 of 53
Figure 2.- Existing land use in the surrounding area The subject premises Canford Hospitality Consultants Pty Ltd | The Locality Page 9 of 53
2.7.4. Furthermore, page 3 of the November 2017 Urbis Retail Sustainability Assessment Report (Attachment 1- see paragraph 1.4 above) states; 2.7.4.1. “A Concept Plan has been prepared to illustrate the vision for the future development of the structure plan area (refer Figure 1.1) for the Dayton Commercial Centre” Figure 1.1 Concept Plan 2.7.5. According to the November 2017 Urbis ‘Retail Sustainability Assessment’ report as drafted for the Dayton Commercial Centre (attachment 1); 2.7.5.1. “The subject site is located within the West Swan (East) District Structure Plan (DSP) area which is currently under development and forms part of the broader Swan Urban Growth Corridor Subregional Structure Plan (SUGCSSP). The DCC is centrally located within the SUGCSSP area. Canford Hospitality Consultants Pty Ltd | The Locality Page 10 of 53
2.7.5.2. The DCC site has direct frontage and visibility to Lord Street which is a key existing north-south road in Dayton. The site also has frontage to the future New Lord Street alignment which will introduce an alternative and the main north-south arterial road in the region. New Lord Street is scheduled for completion in 2018 and will extend north from the Reid Highway to Gnangara Road in Ellenbrook, merging with the existing Lord Street alignment in its middle section”. 2.7.6. Below is the site plan as included in that document which shows the convenient location of the new Dayton Commercial Centre within the West Swan East District Structure Plan; 2.8. In September 2019, the applicant placed a sign on the proposed location to gain the attention of the local community and ask them if they wished to complete a witness questionnaire to contact Canford for further information. 2.9. Below is a picture of this signage as displayed on the site; Canford Hospitality Consultants Pty Ltd | The Locality Page 11 of 53
2.10. Furthermore, the applicant also approached locals and visitors in the area and showed them a copy of the witness pack. See section 16 and attachment 3. 2.11. As a result of this process, fifty-one completed witness questionnaires were collected. 2.12. In the questionnaire, witnesses were asked, if they lived or worked close to Dayton, to describe the nature of the locality and surrounding area. 2.12.1. Shannon Stone of Ellenbrook said, “Great community, lack of shops available”; 2.12.2. Sheryl Jenkin of Ballajura said, “New growing area lots of houses but no shops”; 2.12.3. Stephanie Dyson of Landsdale said, “No local shops in the area”; 2.12.4. Elsa Silva of Brabham said, “Great community needs shops”; 2.12.5. Jacinta Eyre of Aveley said, “Live locally, no local shops”; 2.12.6. Gurvinder Pal Singh, who lives in Dayton said, “Dayton is very nice suburb and private”; 2.12.7. Manpreest Singh of Brabham said, “Lovely place, good neighbours”. 2.13. Further details of the objective evidence can be found in the later “Objective Public Interest Evidence” section. 2.14. The presence of natural or human made boundaries that effectively separate one local community from another. Canford Hospitality Consultants Pty Ltd | The Locality Page 12 of 53
2.14.1. According to the November 2017 Urbis Retail Sustainability Assessment report; 2.14.1.1. “the proposed DCC will be bounded by Cranleigh Street to the south, Lord Street to the east, new (future) Lord Street to the west and the extension of Harrow Street to the north (currently unnamed and unconstructed)” 2.14.1.2. “The subject site is located to take advantage of the excellent visibility to passing trade while also providing a buffer between the highway and adjacent residential areas”. 2.15. The community most likely to be impacted by the grant of this application; 2.15.1. The proposed liquor store is targeted at local residents, other people who work in, visit, shop, or otherwise resort to the locality. 2.15.2. There will be a catchment of residential properties to the immediate east of the subject premises. This community will account for a large portion of the customer base for the proposed DCC and is expected to do likewise for the proposed liquor store. 2.15.3. It is expected that the population in the suburb of Dayton will continue to grow, as the Urbis Sustainability Assessment report further states; 2.15.3.1. “It is estimated that over 1,000 dwellings have been constructed in Dayton and this number is expected to increase considerably in the short term with many large subdivisions approved and under construction”. 2.15.4. The applicant will discuss the ‘Population Growth in the locality’ in more detail in section 5 below. 2.16. Demographics of the locality: 2.16.1. In terms of the relevant locality for the demographic study, the applicant has established that the following suburbs fall within the 3km radius, either in whole or in part. 2.16.1.1. Dayton; 2.16.1.2. Brabham; 2.16.1.3. Bennet Springs; 2.16.1.4. West Swan; 2.16.1.5. Caversham; 2.16.1.6. Beechboro; 2.16.1.7. Whiteman; and 2.16.1.8. Herne Hill. 2.16.2. The following suburbs were found to have very small portions within the 3km locality definition, and have therefore excluded from the demographic study; 2.16.2.1. Whiteman; and 2.16.2.2. Herne Hill. Canford Hospitality Consultants Pty Ltd | The Locality Page 13 of 53
2.16.3. Therefore, the remainder of the suburbs, which are shown below, will be used by the applicant as being representative of the locality for the purposes of the demographic study in these submissions. 2.16.3.1. Dayton; 2.16.3.2. Brabham; 2.16.3.3. Bennet Springs; 2.16.3.4. West Swan; 2.16.3.5. Caversham; and 2.16.3.6. Beechboro. 2.16.4. The maps below, as taken from the Australian Bureau of Statistics website, show the extent of these two suburbs. Dayton Brabham Bennet Springs West Swan Beechboro Caversham 2.17. Outlet density: 2.17.1. In terms of outlet density, the following quote has been taken from the Director’s policy on Public Interest Assessments, last amended on 3rd October 2018; 2.17.1.1. “Applicants will also need to provide: outlet density information that includes: If the applicant intends to sell packaged liquor, the location of all existing licensed premises within the locality”. Canford Hospitality Consultants Pty Ltd | The Locality Page 14 of 53
2.17.2. For the purpose of the outlet density study the applicant has considered all licensed premises within a 3km radius of the subject premises. Canford Hospitality Consultants Pty Ltd | The Locality Page 15 of 53
3. Demographics of the Locality 3.1. The potential impact of this proposed licence on the community within the specified locality is something that any applicant must consider and is considered here by this applicant. 3.2. In “The Western Australian Alcohol and Drug Interagency Strategy 2018-2022” the priority groups of concern are as follows; 3.2.1. Aboriginal people and communities. 3.2.2. Children and young people. 3.2.3. People with co-occurring problems 3.2.4. People in rural and remote areas including fly-in, fly-out and drive-in, drive-out workers; 3.2.5. Families, including alcohol and other drug using parents and significant others; 3.2.6. Those interacting with the justice and corrections systems. 3.2.7. Other target groups of concern include: 3.2.7.1. Older adults: 3.2.7.2. Culturally and linguistically diverse communities, people identifying as lesbian, gay, bisexual, transgender or intersex; and 3.2.7.3. Homeless people. 3.3. The applicant will consider all nine groups above for which data is readily available. The following groups were unable to be considered however, as data is not available for them; 3.3.1. people with co-occurring problems; 3.3.2. Families, including alcohol and other drug using parents and significant others (see paragraphs 3.4 & 3.5 below); 3.3.3. Those interacting with the justice and corrections systems; 3.3.4. Culturally and linguistically diverse communities, people identifying as lesbian, gay, bisexual, transgender or intersex; and 3.3.5. Homeless people. 3.4. Clarification has previously been sought from the Drug and Alcohol Office regarding the definition of the term “family”. 3.5. The Drug and Alcohol Office replied that “a specific definition of family is not provided in the Strategy document. There are a number of reasons for this, including: 3.5.1. “Recognition of the cultural diversity in Western Australia and that the definition of family can be different for different cultures. 3.5.2. Recognition that the impact of an individual’s drug and alcohol use is not always confined to a household or what has in the past been defined as the ‘immediate family’ – it can impact more broadly on family members who are external to a household. For example, Canford Hospitality Consultants Pty Ltd | Demographics of the Locality Page 16 of 53
Grandparents, Aunts and Uncles are commonly reported to be impacted upon. 3.5.3. Recognition that not all families are biologically related but can still be impacted on by a person’s drug or alcohol use – for example step children/guardians.” 3.6. With such a broad definition, it is impossible for the applicant to identify or quantify this priority population group in the locality. 3.7. For the purpose of this demographic study, the applicant has selected relevant Census topics from the Australian Bureau of Statistics (ABS) website (www.abs.gov.au) to provide an indication of the prevalence of each of the priority population groups within the locality and compared them with the same information for the State (Western Australia). 3.8. As mentioned in paragraph 2.16.3 above, for the purposes of the demographic study, the applicant will be considering the 2016 census data relating to Dayton, Brabham, West Swan, Caversham, Bennett Springs and Beechboro suburbs. These suburbs will be taken to be representative of the locality in this section. Canford Hospitality Consultants Pty Ltd | Demographics of the Locality Page 17 of 53
3.9. The selected ABS 2016 Census data is shown in the table below. ABS Census 2016 Locality Western Australia Total Persons 26,689 2,474,410 Aboriginal and Torres Strait Islander People 2.8% 3.1% Age Median age 33 36 Age Persons aged between 15 and 5.8% 6.1% 19 Age Persons aged over 65 7.2% 14.0% Country of Birth Australia 53.5% 60.3% Language English only spoken at home 58.9% 75.2% Employment Worked Full-time 59.1% 57.0 Occupation Mining 3.5% 6.2% Median Weekly incomes Family $1,813 $1,910 Family composition One parent family 14.6% 14.5% Tenure type Rented 18.2% 28.3% Tenure type State or territory housing 3.0% 3.5% authority Rent weekly payments Median Rent $377 $347 Canford Hospitality Consultants Pty Ltd | Demographics of the Locality Page 18 of 53
Rent weekly payments Households where rent payments are less than 30% of 93.1% 90.3% household income Mortgage monthly repayments $1,987 $1,993 Median mortgage repayments 3.10. The purpose of considering the demographic data for the locality is to establish whether the priority population groups identified in paragraphs 3.2 and 3.3 above are over or underrepresented in the locality. 3.11. Aboriginal people and communities; 3.11.1. The table above indicates that in 2016 the percentage of aboriginal people in the locality was lower at 2.8% compared with the figure for the State at 3.1%; 3.11.2. Conclusion – This priority group is underrepresented in the locality. 3.12. Children and young people; 3.12.1. The average figure for persons aged between 15 and 19 in the locality was lower at 5.8%, when compared to the State figure at 6.1%. 3.12.2. Conclusion – This priority group is underrepresented in the locality. 3.13. People from rural and remote areas including fly-in, fly-out and drive-in, drive- out workers; 3.13.1. In 2016, ‘People working in the Mining industry’ average figure in the locality was lower at 3.0% than WA as a whole at 6.2%. 3.13.2. Conclusion – This priority group is underrepresented in the locality. 3.14. Older people; 3.14.1. In 2016, the average figure for the population aged over 65 was much lower at 7.2% when compared to the average WA figure at 14.0%. 3.14.2. Conclusion – This priority group is underrepresented in the locality. 3.15. The following data is also significant in respect of the demographic make-up of the locality: 3.15.1. People in full time work is higher than the WA figure. 3.15.2. The number of people in state housing is very low. 3.15.3. The median figure for rent was higher than the State figure. 3.15.4. Fewer people live in rental accommodation. 3.15.5. For 93.1% of households in the locality, rent repayments were less than 30% of household income, whereas the WA figure was 90.3%, showing the locality has low figures for rent stress. 3.15.6. Conclusion – The locality has a below average representation of the measurable priority groups and the socio-economic data is strong, and the population appears to be relatively affluent and stable. Canford Hospitality Consultants Pty Ltd | Demographics of the Locality Page 19 of 53
4. Outlet Density 4.1. The proposed Dayton Liquor Store will be located at the proposed Dayton Commercial Centre on Repton Street in the Dayton suburb. 4.2. As stated in paragraph 2.17.2 above, if the applicant intends to sell packaged liquor, it is required to consider all existing licensed premises within the locality of the planned premises, in this case a 3km radius. 4.3. In August 2019, the applicant identified the following suburbs which fall in whole or in part within the locality (3km radius); 4.3.1. Dayton; 4.3.2. Brabham; 4.3.3. Bennett Springs; 4.3.4. West Swan; 4.3.5. Caversham; 4.3.6. Beechboro; 4.3.7. Whiteman; and 4.3.8. Herne Hill. 4.4. Then, in August 2019, the applicant searched the website of the Department of Local Government, Sport and Cultural Industries, for all licensed premises within those suburbs. Attachment 4 shows a list of the existing licensed premises. 4.5. The applicant eliminated any premises which may not trade in a manner similar to a liquor store. 4.6. Subsequently, the applicant eliminated any premises from that list which fall outside the 3km radius, and this resulted in the following premises which may trade in a manner similar to a liquor store and are located in the locality. RGL Ref Licence type Premises Licensee Premises name name address 6020131517 LIQ-Tavern Lavender Pascal Henri LOT 6 Bistro and Gouionnet Cranleigh St Boutique WEST SWAN WA 6055 603200220215 LIQ-Liquor Liquorland Liquorland Unit 4/175 Store Caversham (Australia) Suffolk Street Pty Ltd CAVERSHAM WA 6055 4.7. As the crow flies both premises are within the 3km locality. By road the Liquorland Caversham liquor store is 2.8km from the subject site, and the Lavender Bistro is 3.2km away. 4.8. The applicant advises the Lavender Bistro and Boutique does not have a dedicated packaged liquor facility. Therefore, this licensed premises has not been considered further in this study, and the only licensed premises which Canford Hospitality Consultants Pty Ltd | Outlet Density Page 20 of 53
may trade in a similar manner to the proposed Dayton Liquor Store in the locality is Liquorland Caversham. 4.9. In that respect, question 4 of the witness questionnaire asked; 4.9.1. “Liquorland Caversham is the only licensed packaged (take-away) liquor outlet in the locality (Dayton & Brabham). Where do you currently buy your packaged / take-away liquor from?” 4.10. The applicant notes that only 3 of 32 questionnaire respondents answered: “Liquorland Caversham”. This confirms that 90% of questionnaire respondents choose not to shop the only packaged liquor outlet in the locality. 4.11. However, below are some comments from the three witnesses who do shop at Liquorland Caversham; 4.11.1. Ryan Demasi of West Swan said he shops for his packaged liquor requirements at “Liquorland Caversham”, but when asked why he currently shops there, he said “Currently the closest outlet to home”. When asked if that outlet was suitably located for his needs he said, “No, would prefer a closer outlet”. 4.11.2. Glen Richards of Dayton said he shops for his packaged liquor requirements at “Liquorland Caversham”, but when asked why he currently shops his packaged liquor at that outlet he said, “Cheapest and closest”. 4.11.3. Selma McPolin who lives in Dayton said, “Caversham Liquorland, Beechboro Liquorland” but when asked why she currently shops at those outlets she said, “closest to us”. 4.12. When asked, whether they would be likely to be a customer of the proposed new Dayton liquor store; 4.12.1. Selma McPolin said, “Yes, its (sic) close and if they have what I want”. 4.12.2. Ryan Demasi said, “Yes, close to home. Good variety of drinks” 4.12.3. Glen Richards said, “Possibly depending on price”; 4.13. The proposed packaged liquor service will include a range of products from local microbreweries, boutique wineries, and local spirit distillers. Two thirds of respondents indicated they were interested in purchasing locally produced liquor products. 4.14. To further support the above, questionnaire respondents were asked to consider the proposed ‘Swan Valley Produce List’ (attachment 5), which is a sample list of some local boutique liquor products which will be featured, and to state what they believed was different about this proposed liquor store compared to Liquorland Caversham; 4.14.1. Sheryl Jenkin said, “The proposed store is more like a boutique liquor store promoting/ supporting local produce of the neighbouring valley” (emphasis added); 4.14.2. Shannon Stone of Ellenbrook said, “Distance for residence to travel. Supporting local supplier” (emphasis added); 4.14.3. Jacinta Eyre said, “Would have nice local wines & beers”; Canford Hospitality Consultants Pty Ltd | Outlet Density Page 21 of 53
4.14.4. Karen Harley of Aveley said, “Will be close to my new residence. Greater range of Swan Valley wines” (emphasis added); 4.14.5. Ryan Demasi of West Swan said, “Closer. More variety” (emphasis added); 4.14.6. Stephanie Dyson said, “Local wines and beers”; 4.14.7. Kylie Pate said, “Not as much local produce”; 4.14.8. David Campbell said, “Good beer”; 4.14.9. Wendy McLeish said, “No local produce”; 4.14.10. Benjamin Campbell said, “Locale (sic) alcohol”. 4.15. In summary, it is open for the licensing authority to conclude the applicant’s witness evidence shows respondents would be interested in a packaged liquor outlet located closer to their homes which featured locally made liquor products. 4.16. When questionnaire respondents were asked, where they currently buy their packaged/ take-away liquor from; 4.16.1. Karen Harley said, “First Choice Liquor Ellenbrook”, but when asked why she currently shops at that outlet she said, “Closest to home at the moment. I am planning on buying in Dayton and would love a liquor outlet closer to home”. When asked her opinion about the standard of premises, atmosphere and service at her chosen outlets, she said “Okay just not all products are always available”. Then, when Karen was asked if the product range at that outlet was suitable for her purposes, she said, “Its (sic) okay would like a wider range of the Swan Valley wines”. 4.16.2. Harsinman Kaur who lives in Dayton said she currently shops for her packaged liquor in “Midland”, but when asked if Midland was suitably located for her needs, she said “No”. 4.16.3. Manpreet Singh of Brabham said she currently shops his/her packaged liquor in “Ellenbrook” but when asked why he/she currently shops in that suburb she said, “Only close option”. Also, when she was asked if that suburb was suitably located for his/her needs, he/she said “No, but no choice”. 4.16.4. Elsa Silva of Brabham said, “Liquorland + First Choice in Ellenbrook” but when asked if those outlets were suitably located for her needs, she said, “No, not close enough”. 4.16.5. Vikar, who lives in Dayton said he/she currently shops for her packaged liquor in, “Midland”, but when asked if that suburb was suitably located for his/her needs, he/she said, “No too far away”. 4.16.6. Maxime Whittick of Brabham who lives in Dayton said she currently shops for her packaged liquor in, “Caversham” but when asked if that suburb was suitably located for her needs she said, “Not really, closer would be better”. Canford Hospitality Consultants Pty Ltd | Outlet Density Page 22 of 53
5. Population Growth in the locality 5.1. According to table 4.8 of the September 2017 City of Swan ‘Local Commercial Activity Centres Strategy’ background report (Attachment 6), the Urban Growth Corridor Local Planning area’ comprises the following suburbs; 5.1.1. Brabham; 5.1.2. Dayton; 5.1.3. Bennett Springs; and 5.1.4. Caversham. 5.2. Page 58 of that report states; 5.2.1. “Urban Growth Corridor Local Planning Area 5.2.1.1. The Urban Growth Corridor Local Planning Area is expected to accommodate significant greenfield residential development over the next 15 years. As a result, the population is forecast to grow from approximately 6,190 persons in 2015 to 31,250 persons in 2031, representing an average annual growth rate of 10.6% per annum (source: id consulting)” 5.2.2. “Meeting retail demand: 5.2.2.1. It is important that retail provision in the Urban Growth Corridor is sufficient to meet the retail and other needs of the rapidly growing resident population in the region. 5.2.2.2. Flexibility will need to be provided to ensure the development of activity centres meets the needs of the community as it evolves and develops”. 5.3. To further support the above, page 10 of the November 2017 Urbis Retail Sustainability Assessment Report (Attachment 1 see paragraph 1.4 above) states; 5.3.1. “The definition of a catchment area for a retail development is based on a range of factors including the role of the activity centre, the range and appeal of shops/services provided in the subject development, the location, quality and relative offer of competing centres/precincts, road and public transport accessibility, and physical and geographical barriers. 5.3.2. In order to assess the need, demand and impact of the proposed convenience retail node within the Dayton Commercial Centre a catchment area covering Dayton and part of Bennett Springs has been utilised for the assessment”. 5.3.3. “The local resident catchment area that is expected to be served by the proposed DCC is illustrated in Map 2.1.” 5.3.4. “the catchment area population is expected to broadly double within the next 5 years to approximately 7,600 people by 2022”. Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 23 of 53
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5.4. Page 12 of that report includes table 2.1 which shows the forecast resident population in the Dayton Catchment Area from 2017 to 2037. See below for further illustration; Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 25 of 53
5.5. Shown below are two aerial images taken from the Nearmap website for 15th June 2014, and 17th July 2019, respectively. These maps clearly show the steady expansion of residences in the Dayton and Brabham suburbs; 15th June 2014 The subject premises 17th July 2019 The subject premises Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 26 of 53
2014 2019 Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 27 of 53
2014 The subject premises 2019 The subject premises Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 28 of 53
2014 2019 Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 29 of 53
5.6. Furthermore, the following two maps as sourced from the Local Commercial Activity Centres Strategy’ document show jobs growth in the locality lags behind the population growth. Source: ABS Census 2011, Destination Zone; MapInfo; Bing Maps Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 30 of 53
Source: ABS Regional Population Growth, Cat. 3218.0; MapInfo; Bing Maps 5.7. This is not unusual in urban growth corridors. Residential development commonly precedes commercial centres. 5.8. Conclusion: The Dayton suburb and the locality more broadly have experienced strong growth in population in recent years, and it is forecasted to continue to at least 2037. Canford Hospitality Consultants Pty Ltd | Population Growth in the locality Page 31 of 53
6. Proposed Style of Operation 6.1. As mentioned in paragraph 1.2 above, the proposed liquor store and drive through will be part of the new 2,000m2 Dayton Commercial Centre. 6.2. The proposal is for a liquor store of 282sqm and a two-lane drive through of 165sqm. 6.3. For the convenience of the local community the proposed liquor store will feature mainstream liquor products, including; 6.3.1. A range of WA red, white and sparkling wines, 6.3.2. Australian and international spirits, 6.3.3. Mainstream and boutique beers and ciders, 6.3.4. Ready to drink lines, 6.3.5. Australian and international wines and champagne, and 6.3.6. Liqueurs, cognacs, and fortified wines. 6.4. The proposed packaged liquor service will include a range of products from local microbreweries, boutique wineries, and local spirit distillers that are not readily available at the group owned liquor store in the locality. 6.5. The proposed stock list will be continually evolving as the applicant responds to the demands of the local community. The concept is to be agile and nimble, and to carry small batch liquor products, especially from WA, according to the level of demand. This is something chain liquor stores find especially hard to do. Attachment 5 is a sample list of the boutique local liquor products which will be featured. Whilst the applicant does not guarantee to stock all of these items all of the time, it will stock as many of them as are in demand locally. 6.6. The applicant is seeking the flexibility afforded by the standard trading hours in the Liquor Control Act to allow it to respond to the demands of the local community in respect of when they would like to shop for their liquor requirements. 6.7. The applicant intends to operate the normal trading hours stipulated in Section 98 of the Liquor Control Act 1988, which are as follows; 6.7.1. Monday to Saturday from 8am to 10pm; 6.7.2. Sundays from 10am to 10pm. 6.8. Once the proposed liquor store licence be granted (if granted), the new Dayton IGA Supermarket will probably trade longer hours to match the proposed liquor store trading hours. 6.9. An approved manager will be in the liquor store during all trading hours managing the day to day operations under the liquor licence. 6.10. The Urbis ‘Sustainability Assessment Report’ underlines the appropriateness of the drive through component of the proposal, saying; 6.10.1. “The locational attributes of the subject site satisfy the requirements for a car oriented commercial precinct reflecting: Canford Hospitality Consultants Pty Ltd | Proposed Style of Operation Page 32 of 53
6.10.1.1. The site has a central location in the SUGCSSP and will be conveniently accessible to the resident population on both sides of New Lord Street. 6.10.1.2. New Lord Street will function as the main arterial road linking Ellenbrook with the Reid Highway and suburbs to the south. This road is expected to carry good volumes of vehicle traffic (35,000 vehicles per day by 2031) and provide high levels of exposure for the range of uses within the precinct. Lord Street, whilst a secondary road in the future, is also expected to carry significant levels of vehicle traffic (9,500 movements per day by 2031). 6.10.1.3. New Lord Street, in conjunction with Lord Street, will also connect with a number of east-west roads, facilitating access to the site from Dayton and Bennett Springs”. 6.11. Public health and safety posters will be displayed prominently, along with responsible service of alcohol messages. Canford Hospitality Consultants Pty Ltd | Proposed Style of Operation Page 33 of 53
7. Traffic Volumes and Public Transport 7.1. The proposed liquor store will be part of the proposed DCC which will be bounded by Cranleigh Street to the south, Lord Street to the east, new (future) Lord Street to the west and the extension of Harrow Street to the north (currently unnamed and unconstructed). 7.2. According to the Metronet website (https://www.metronet.wa.gov.au/projects/morley-ellenbrook-line); 7.2.1. “The Morley-Ellenbrook Line is a new 21km rail line that will travel from Ellenbrook’s growing town centre, down the western side of New Lord Street, through land north of Marshall Road and down the middle of Tonkin Highway, connecting at Bayswater Station on the Midland Line. 7.2.2. Stations will be built in Ellenbrook, Whiteman Park, Malaga, Noranda and Morley with a station planned at Bennett Springs East, as population levels increase and development progresses in the area. 7.2.3. Confirming the route and station locations for this line is a result of analysing more than 100 potential options to improve transport outcomes for Perth’s north-eastern corridor” 7.3. The new Whiteman Park station is to be 1.2km away and the Bennett Springs East Station will be 1.8km away from the proposed liquor store, these stations will be linked to the DCC by new bus services – see below. 7.4. Attachment 2 of these submissions includes a copy of the ‘Traffic Impact Assessment’ dated April 2019 and prepared by Transcore. The subject of that report was the DCC and stated as follows; 7.4.1. “Public Transport 7.4.1.1. The site is currently served by existing bus routes 955 and 956 operating along Lord Street adjacent to the site as shown in Figure 4. These routes run from Ellenbrook to Morley bus station and Bassendean train station. Together they provide four services per hour each way on weekdays, reducing to a half hourly service during late evening periods and on weekends and public holidays. The closest bus stops are located just south of Cranleigh Street and either side of the Repton Street intersection. Canford Hospitality Consultants Pty Ltd | Traffic Volumes and Public Transport Page 34 of 53
7.4.2. “Under the previous planning for the Ellenbrook Bus Rapid Transit Way there was proposed to be a number of local feeder bus services through the Dayton and Brabham areas, including a local bus route along the existing Lord Street alignment adjacent to the subject site and connecting to bus stations at Dayton and Brabham. It is anticipated that a similar local feeder bus service will be provided along the existing Lord Street alignment adjacent to this site to access the future railway stations when the rail alignment and station locations are finalised. This will provide the appropriate public transport access for the proposed commercial precinct as well”. 7.5. Furthermore, on page 26 of the Traffic Impact Assessment it was concluded; 7.5.1. “Traffic generation has been assessed and the proposed commercial precinct is anticipated to attract two-way total traffic flows of approximately 14,500 vehicles per day on weekdays. However, approximately 6,400vpd of this traffic will be passing trade, which means those vehicles will already be passing the site on the surrounding Canford Hospitality Consultants Pty Ltd | Traffic Volumes and Public Transport Page 35 of 53
road network (not new traffic on the surrounding roads) and will turn off to visit the site. 7.5.2. The proposed commercial precinct structure plan will include a comprehensive network of footpaths and shared paths providing pedestrian access within the structure plan area and connection to the planned dual use paths on the western side of existing Lord Street. 7.5.3. Existing bus routes already have bus stops on Lord Street adjacent to the structure plan area and new feeder bus services for the State Government’s future Metronet railway line to Ellenbrook are anticipated to continue to provide public transport access for this structure plan area in the future”. Canford Hospitality Consultants Pty Ltd | Traffic Volumes and Public Transport Page 36 of 53
8. Background and Experience of the Applicant 8.1. Stanley Horsman is the sole director of the applicant company, Dayton Liquor Store Pty Ltd. 8.2. Stanley has engaged Canford Hospitality Consultants services, to assist him with an application for a liquor store licence for this premises. 8.3. Stanley will employ an experienced liquor store manager, who will be required to: 8.3.1. Undertake the following approved courses; 8.3.1.1. “Provide Responsible Service of Alcohol (SITHFAB002) (nationally accredited); 8.3.1.2. Course in Management of Licensed Premises (MLPLCA401A). 8.3.2. Demonstrate significant experience in the liquor trade and wide knowledge in local wine, beer and spirits; 8.3.3. Be in charge of the day to day operations of the licensed premises; 8.3.4. Identify customer requirements and deliver the product which meets their needs; 8.3.5. Be responsible for the liquor store’s inventory; 8.3.6. manage ordering, stocktakes, receive liquor orders and check against purchase orders for accuracy; 8.3.7. Ensure a safe environment for customers and staff; and 8.3.8. Ensure store presentation standards are met. Proposed Dayton Liquor Store Canford Hospitality Consultants Pty Ltd | Background and Experience of the Applicant Page 37 of 53
9. Risk Assessment with respect to Harm and Ill Health 9.1. Section 38(4)(a) of the Liquor Control Act (1988) asks the applicant to consider “the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor.” 9.2. The demographics of the locality have been discussed in some detail in section 3 of these submissions and concluded this is a stable and affluent locality with a below average representation of all the priority groups identified. 9.3. In any case a liquor store licence does not have the same potential for harm or ill health as some other licence types do. In a decision (LC 21/2009) confirming the Wine Box Nedlands liquor store licence, the Liquor Commission at 4.11, on page 13 of that decision noted; 9.3.1. “It is the Commission’s view that a liquor store licence, as part of the Nedlands IGA grocery outlet, is very much at the passive end of liquor licence approvals and in particular, is unlikely to have any bearing on.... liquor consumption practices”. 9.4. According to the Federal Government’s Snapshot entitled Australia’s Health 2018; 9.4.1. “most Australians drink alcohol at levels that cause few harmful effects”. (Page 204) 9.4.2. “As well, fewer Australians are drinking at levels that contribute to alcohol-related harm over a lifetime. However, about 26% of people drink more than is recommended on a single occasion, and they do this at least once each month. Younger people show more promising trends when it comes to alcohol—fewer people aged 12–17 are drinking and a greater proportion are abstaining from drinking altogether.” (Page 165, emphasis added) 9.4.3. “The NDSHS data reveal several changes in drinking patterns compared with those for 2013, including that: 9.4.3.1. people are drinking less often—daily and weekly drinking rates have declined 9.4.3.2. fewer young people aged 12–17 are drinking alcohol and the proportion abstaining from alcohol has increased 9.4.3.3. people aged 14–24 are delaying starting to drink—the average age at which they first tried alcohol has increased 9.4.3.4. fewer people are exceeding the lifetime risk guideline (Table 4.6.1).” (Page 204) Canford Hospitality Consultants Pty Ltd | Risk Assessment with respect to Harm and Ill Health Page 38 of 53
9.5. The Snapshot, in a section titled “Alcohol-related incidents and harm” also states; 9.5.1. Excessive consumption of alcohol increases the risk of people putting themselves and others at risk of harm (AIHW 2017). The NDSHS showed that, in 2016 almost 1 in 6 (17%) recent drinkers aged 14 and over put themselves or others at risk of harm while under the influence of alcohol in the previous 12 months—significantly down from 21% in 2013. In 2016, the most likely risky activity undertaken while under the influence of alcohol was driving a motor vehicle (9.9% of recent drinkers). Overall, more than 1 in 5 (22%) Australians had been a victim of an alcohol-related incident in 2016—down from 26% in 2013. Between 2013 and 2016, verbal abuse (22% and 19%, respectively), being put in fear (13% and 11%) and physical abuse (8.7% and 7.3%) all declined.” (Page 206, emphasis added) 9.6. In October 2019, the applicant sought to investigate the incidence of alcohol related offences within the locality, and other nearby towns as recorded by the WA police. However, no statistics were available on the WA Police website in relation to alcohol related crime for any towns in WA. 9.7. Therefore, the applicant was unable to properly consider the current level of harm or ill-health that might be caused to people, or any group of people in the locality, due to the use of liquor. 9.8. The applicant then considered the crime statistics in the locality and WA. Attachment 7 includes the crime data for those suburbs and WA. Using these figures, the applicant calculated the number of offences per 1,000 population in 2015-16 in the locality, being the year of the last Census. 9.9. The following method was used to obtain the number of offences per 1,000 of population in 2016; Number of reported offences in 2015-16 x 1,000 Population in 2016 9.10. As a result of the above calculation the locality had a below average crime rate (84 offences per 1,000 population) compared to WA as a whole (119 offences). 9.11. When questionnaire respondents were asked if they believed any people, or groups of people in the locality, would be at risk of increased and undue harm should this liquor licence be granted; Canford Hospitality Consultants Pty Ltd | Risk Assessment with respect to Harm and Ill Health Page 39 of 53
9.11.1. Jacinta Eyre said, “No, I don’t believe anyone would be at risk”; 9.11.2. Shannon Stone said, “No risk, advocate responsible drinking”. 9.11.3. Gurvinder Singh said, “Dayton locaility (sic) is pure private estate and small estate. I havent found and (sic) trouble yet”; 9.12. The following factors will mitigate the potential for the proposed liquor store to add materially to the harm and ill-health currently experienced in the locality due to the use of liquor; 9.12.1. The store will be designed with clear lines of sight to all customer areas. 9.12.2. The interior and exterior of the store will be brightly lit. 9.12.3. Generally, the layout of the liquor store has been planned to avoid blind spots. 9.12.4. The point of sale and service counter is strategically positioned to allow easy monitoring of the whole liquor store. 9.12.5. Bottles of wine and spirits with a high value will be kept in locked cabinets, with access only by staff upon specific request. 9.12.6. An approved manager will be in the liquor store during all trading hours managing the day to day operations. 9.12.7. The applicant has advised that Closed Circuit TV (CCTV) will be installed at the proposed liquor store, which will be able to retain images for twenty-eight (28) days in accordance with the Director’s policy. 9.13. Staff will be trained to adopt the following additional strategies; 9.13.1. The store shelving, and the stock on those shelves will be kept at a low level so as not to impede lines of sight across the browse area. Therefore, staff can very easily monitor customer activity, thus deterring would be thieves from trying to conceal a bottle. 9.13.2. The best way to deter theft is to watch customers and would-be thieves. 9.13.3. Staff will be trained to approach customers if they look suspicious and offer to assist them. Even if they decline the assistance, staff are to stay with them, and engage them in conversation and eye contact. If they are not genuine customers, they will soon leave. 9.13.4. There will be a bell behind the service counter. As staff will often be occupied in the back of the store unpacking stock etc., this bell is to alert that staff member that a group of people have entered the store or are about to enter. The staff member at the back is to immediately stop what they are doing, and return to the shop floor, there must be no delay. 9.13.5. The liquor store is to be equipped with many CCTV cameras. However, these are not simply to record activity, they are a deterrent to crime. Viewing screens are positioned behind the service counter where staff can easily monitor them, and thereby monitor activity in Canford Hospitality Consultants Pty Ltd | Risk Assessment with respect to Harm and Ill Health Page 40 of 53
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