Shire of Esperance ORDINARY COUNCIL 27 OCTOBER 2020 SUPPLEMENTARY ITEMS - Shire of ...

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Ordinary Council: Agenda
27 October 2020            Page 1

26 OCTOBER 2020

Shire of Esperance

ORDINARY COUNCIL
27 OCTOBER 2020
SUPPLEMENTARY ITEMS
Ordinary Council: Agenda
27 October 2020                                                                                 Page 2

16.   URGENT BUSINESS APPROVED BY DECISION
Item: 16.1
Application for a Temporary/Short Term Adjustment to Retail Trading Hours

Author/s                      Trevor Ayers             Manager Community & Economic Development
Authorisor/s                  Shane Burge              Chief Executive Officer

File Ref: D20/30122

Applicant
Charter Hall Real Estate

Location/Address
Whole of Shire

Executive Summary
A request for additional trading hours over the Christmas/New Year period has been received from
Charter Hall Real Estate (managers of the Esperance Boulevard shopping centre).

Recommendation in Brief
That the requested additional trading days be endorsed by Council with application to be made to the
Department of Commerce for these changes to apply to the whole of the Esperance Shire.

Background
An application has been received by Charter Hall for three additional trading days after Christmas this
year (see Attachment A), with support for the additional days confirmed by the Esperance Chamber of
Commerce and Industry (see Attachment B).

Christmas Trading Hours in Esperance were permanently changed to the current extended days and
hours in 2014. This was done through extensive consultation within our local community. At the time
there was no appetite for any additional hours or days following Christmas.

Several applications and enquiries have been received from both Charter Hall and Woolworths in
recent years additional days in both the post-Christmas period and Easter, however these have never
previously been supported by the Esperance Chamber of Commerce and Industry, which has meant
that applications weren’t proceeded with.

Officer’s Comment
The request by Charter Hall Pty Ltd is considered reasonable this year given both the number of closed
days that result after Christmas, due to the placement of both public holidays and Sundays and the
expectation of a higher number of visitors in town than normal. In addition, support has been received
from the Esperance Chamber of Commerce and Industry, which is a required element of any
application.

The recommendation proposes that any trading extension is applicable to the entirety of the Shire
rather than just the Esperance Boulevard (as per the application received from Charter Hall) to ensure
all businesses in town are on a level playing field. It is important to note that an extension to retail
trading hours provides an opportunity for traders to open for the additional period, not a requirement
that they do so.
Ordinary Council: Agenda
27 October 2020                                                                                Page 3

The majority of retailers in town do currently have the capacity to receive an exemption to open at any
time, provided they meet the Department of Commerce’s definition of a small retail business and have
applied for an exemption certificate.

Endorsement of this recommendation by Council doesn’t confirm a change, it simply provides the
mechanism to apply to the State Government. The Minister for Commerce is the decision-making body,
hence the need for a decision by Council on this urgently. Time is then required to gain ministerial
approval (minimum two weeks required) before businesses can ensure they can roster additional staff
and advise customers etc.

Consultation
Discussion has occurred with regards to this item with both staff and board members of the Esperance
Chamber of Commerce and Industry.

Financial Implications
Nil

Asset Management Implications
Nil

Statutory Implications
The statutory implications associated with this item are governed by the Retail Trading Hours Act 1987.
Any change (both temporary and permanent) requires recommendation by the relevant local
government and approval by the Minister for Commerce.

Policy Implications
Nil

Strategic Implications
Strategic Community Plan 2017 - 2027
Growth And Prosperity
Support our businesses to grow, adapt and assist in building capacity
Develop partnerships to strengthen economic growth

Environmental Considerations
Nil

Attachments
A⇩ . Request - Extended Trading Hours - Boulevard - Christmas Public Holiday 2020
B⇩ . Support - Extended Trading Hours - Esperance Chamber of Commerce -
      Christmas Public Holiday 2020

Officer’s Recommendation
That Council
   1.    Endorse the requested changes to retail trading hours in the Shire of Esperance with
        the addition of the following days and times:
            Sunday 27 December 2020 – 10am to 4pm
            Monday 28 December 2020 – 10am to 4pm
            Sunday 3 January 2021 – 10am to 4pm
Ordinary Council: Agenda
27 October 2020                                                                  Page 4

   2. Direct the CEO to make application to the Department of Commerce for the proposed
      changes to apply to the entirety of the Esperance Shire.

Voting Requirement            Simple Majority
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Item: 16.2
Budget Variation - Coastal Safety Workgroup

Author/s                       Mel Ammon                Manager Community Support
Authorisor/s                   Shane Burge              Chief Executive Officer

File Ref: D20/30884

Applicant
LEMC – Coastal Safety Work Group

Location/Address
Internal

Executive Summary
For Council to receive grant monies made available to the Coastal Safety Work Group for the purpose
of running a coastal safety campaign over the 2020/21 summer holiday period.

Recommendation in Brief
That Council approve a budget amendment as follows, for the purpose of a Coastal Safety Campaign
for the 2020/21 summer period

                                                                            Amended
 Description                                            Budget Figure                        Variation
                                                                              Figure
 Grants and Subsidies      01-04090-115-175               ($700,000)        ($710,000)       ($10,000)
 ELEMC – Sundries          01-04090-480-500                  $500             $10,500         $10,000
 Net result                                                                                     NIL

Background
Over the 2019/20 summer period, another two lives were taken along our coast. One tourist to the area
fell from the rocks into the water at Twilight Beach and a local man, Gary Johnson, was taken by a
shark at Cull Island. Taking into account these two deaths, 13 people have lost their lives in the past 10
years along our coast.

At the meeting of the Local Emergency Management Committee (LEMC) in February, a Coastal Safety
Work Group was established, to look at ways awareness of the varying coastal hazards could be
communicated to our community and our visitors. The Work Group was made up of representatives
from WA Police, Surf Life Saving WA, Dept of Transport, St John Ambulance, Parks and Wildlife and
Marine Rescue as well as Shire representatives from Rangers, Coastal Reserves and Media and
Communications.

Officer’s Comment
The Work Group has met on a number of occasions with a view to plan a campaign promoting a safe
and positive message to people using our coastline over the summer. 5 pillars of safety were identified
in;
    - Swimming, surfing, diving
    - Rock fishing
    - Boating
    - Off Road Vehicle Usage
    - Recreational beach users – beach and rock walking, photographers etc
Ordinary Council: Agenda
27 October 2020                                                                                 Page 9

It was established that many of these areas had safety campaigns already in place, however the Work
Group was looking to plan a way all the information could be readily available in one spot on one easily
accessible platform.

Many ideas, for both short and long term implementation, have been discussed, however with the
impacts of COVID on intrastate travel and the shark attack of Andrew Sharpe, the Work Group have
altered their original focus and have been looking at a more robust, immediate campaign for this
season.

The Work Group are planning a community education campaign, with the use of updated brochures,
radio and print advertising and the holding of a Campaign Launch whereby local business owners and
accommodation providers will be invited and provided with information to enable them to advocate safe
behaviours of people using our coastal areas for all types of recreational activities.

External funding has been sought with a number of agencies for support of this project. Applications
have been lodged with Southern Ports, IGO, the Shire of Esperance and Rec Fish West. To date, we
have advised Southern Ports and IGO are willing to support this campaign.

Consultation
Local Emergency Management Committee
Coastal Safety Work Group incl Esperance Police, Esperance Goldfields Surf Life Saving Club, St John
Ambulance, Dept of Transport, Parks and Wildlife, Esperance Volunteer Marine Rescue, Shire of
Esperance

Financial Implications
The financial implications arising from this report are

                                                                          Amended
 Description                                              Budget Figure                    Variation
                                                                            Figure
 Grants and Subsidies       01-04090-115-175               ($700,000)     ($710,000)       ($10,000)
 ELEMC – Sundries           01-04090-480-500                  $500          $10,500         $10,000
 Net result                                                                                   NIL

Asset Management Implications
Nil

Statutory Implications
Nil

Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A feeling of safety and confidence within our neighbourhoods and a sense of security
Develop and maintain a safe environment for the community

Environmental Considerations
Nil
Ordinary Council: Agenda
27 October 2020                                                                     Page 10

Attachments
Nil

Officer’s Recommendation
That Council approve a budget amendment as follows, for the purpose of a Coastal Safety
Campaign for the 2020/21 summer period

                                                                  Amended
  Description                                     Budget Figure                Variation
                                                                   Figure
  Grants         and
                           01-04090-115-175        ($700,000)     ($710,000)   ($10,000)
  Subsidies
  ELEMC – Sundries         01-04090-480-500            $500        $10,500     $10,000
  Net result                                                                     NIL

Voting Requirement                 Absolute Majority
Ordinary Council: Agenda
27 October 2020                     Page 11

17.   MATTERS BEHIND CLOSED DOORS
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