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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
Bottle-O Martin
6 Ferres Drive, Martin
Application for the Conditional Grant of
a Liquor Store Licence
Section 38 Submissions
Public Interest Assessment
May 2020
COPYRIGHT © Canford Hospitality Consultants Pty Ltd 2020
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.
Bottle-O Martin│Public Interest Assessment
1 Introduction......................................................................... 3
2 The Locality........................................................................ 10
3 Demographics of the Locality ................................................... 16
4 Growth in Population and Residential Development in the Locality ...... 20
5 Outlet Density ..................................................................... 27
6 Convenient One Stop Shopping ................................................. 37
7 Proposed Style of Operation .................................................... 40
8 Local Government Consultation ................................................ 43
9 Background and Experience of the Applicant ................................. 44
10 Section 36B(4) of the Act – Restrictions on Grant or Removal of Certain
Licences Authorising Sale of Packaged Liquor ........................................ 45
11 Section 38(4)(a) of the Act - Harm or Ill-health .............................. 51
12 Section 38(4)(b) of the Act – A Report on the Amenity of the Locality ... 55
13 Section 38(4)(c) of the Act - Offence, Annoyance, Disturbance or
Inconvenience ............................................................................. 57
14 Section 5(1)(a) of the Act – Primary Object................................... 58
15 Section 5(1)(b) of the Act – Primary Object .................................. 60
16 Section 5(1)(c) of the Act – Primary Object ................................... 63
17 Section 5(2)(a)(d)(e)(f) of the Act – Secondary Object ...................... 65
18 Objective Public Interest Evidence............................................. 66
19 Conclusion ......................................................................... 70
ATTACHMENTS ............................................................................. 75
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Bottle-O Martin│Public Interest Assessment
1 Introduction
1.1 Heptinstall Martin Pty Ltd will be applying to the licensing authority
for the conditional grant of a liquor store licence for premises located
at 6 Ferres Drive, Martin, Western Australia.
1.2 Martin is a growing residential suburb southeast of Perth with a
recently developed residential community and a brand-new shopping
facility.
1.3 The proposed name of the liquor store is “Bottle-O Martin”.
1.4 The proposed liquor store will be located within the new Martin
shopping centre which is due to open in July 2021 will have
approximately 4,960sqm of retail floor space, which will include;
1.4.1 A new IGA supermarket of 1,155m2;
1.4.2 The proposed Bottle-O Martin of 194m2 and a drive through
facility (should this application be successful);
1.4.3 A Splash Swim School of 385m2;
1.4.4 Leisure centre of 1,032m2;
1.4.5 A chemist and medical centre of 445m2;
1.4.6 A gym of 800m2;
1.4.7 A fast food shop of 238m2
1.5 The proposed liquor store will be located adjacent to and accessible
from the new IGA supermarket offering local residents (including the
new aspirational community of Martin) the convenience of a full-
service supermarket, and a quality packaged liquor offer in very close
proximity to each other.
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Residential property in Riverhaven Estate
1.6 In the Director’s Decision in respect of an application for the
conditional grant of a liquor store licence dated 4 th March 2020 for
Hangawee Outlet Northbridge (attachment 1), the Director’s
Delegate, Peter Minchin stated the following:
1.6.1 “In addition to the normal administrative requirements,
applicants for the grant of a new liquor store licence have
two very distinct obligations under the Act which must be
discharged before the application can be approved. This first
is overcoming the restraint imposed by s 36B and second, by
demonstrating that the grant of the licence is in the public
interest as required under s 38(2).”
1.7 These submissions are designed to address:
1.7.1 the public interest requirements as set out in Section 38(2)
of the Liquor Control Act 1988 and the (WA) (the “Act”); and
1.7.2 restrictions on grant of certain licences authorising sale of
packaged liquor as set out in Section 36B of the Act.
1.8 The Butterworth’s Australian Legal Dictionary defines the term
‘public interest’ as:
1.8.1 “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.”
1.9 These submissions have been drafted by Canford Hospitality
Consultants Pty Ltd in consultation with Mr Benjamin Heptinstall, a
director of the applicant company and references to the applicant or
the applicant’s opinion relate to Mr Heptinstall.
1.10 Section 38(2) of the Liquor Control Act 1988 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:
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1.10.1 “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”
1.11 Section 38(4) of the Liquor Control Act 1988 states the licensing
authority may have regard to the following matters when considering
an application for a liquor licence;
1.11.1 “the harm or ill-health that might be caused to people, or
any group of people, due to the use of liquor; and
1.11.2 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
1.11.3 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
1.11.4 any effect the granting of the application might have in
relation to tourism, or community or cultural matters; and
1.11.5 any other prescribed matter”.
1.12 Also, Section 36B of the Liquor Control Act 1988 was proclaimed and
came into effect on 2nd November 2019.
1.13 Section 36B(2) of the Liquor Control Act 1988 states:
1.13.1 “This section applies to an application for the grant or
removal of any of the following licences –
1.13.1.1 (a) a hotel licence without restriction;
1.13.1.2 (b) a tavern licence;
1.13.1.3 (c) a liquor store licence;
1.13.1.4 (d) a special facility licence of a prescribed type.”
1.14 Based on the above, Section 36B of the Liquor Control Act 1988
applies to this application, and therefore will be considered in these
submissions.
1.15 Section 36B(3) of the Liquor Control Act 1988 states;
1.15.1 “The licensing authority must not hear or determine an
application to which this section applies if —
1.15.1.1 (a) packaged liquor premises are situated less
than the prescribed distance from the proposed
licensed premises; and
1.15.1.2 (b) the area of the retail section of those
packaged liquor premises exceeds the prescribed
area; and
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1.15.1.3 (c) the area of the retail section of the proposed
licensed premises exceeds the prescribed area”.
1.16 Regulations Nos. 9AAA and 9AAB of the Liquor Control Regulations
1989 stipulate the distance and area prescribed referred to in Section
36B of the Liquor Control Act;
1.17 Regulation No.9AAA states;
1.17.1 “Area prescribed (Act s. 36B)
For the purposes of section 36B, the area of 400m2 is
prescribed.”
1.18 Regulation No. 9AAB states;
1.18.1 “Distance prescribed (Act s.36B)
1.18.1.1 (1) For the purposes of section 36B, the following
distances are prescribed –
1.18.1.1.1 For packaged liquor premises in the
metropolitan region – 5 km;
1.18.1.1.2 For all other packaged liquor premises
– 12km.
1.18.1.2 (2) The distances referred to in subregulation (1)
are to be calculated using the shortest route by
road.”
1.19 The applicant advises Section 36B(3) above does not apply to this
application as the proposal is for a 194sqm liquor store and a drive
through facility, and therefore the proposed retail section is less than
the prescribed area.
1.20 Furthermore, section 36B(4) of the Act states;
1.20.1 “The licensing authority must not grant an application to
which this section applies unless satisfied that local
packaged liquor requirements cannot reasonably be met by
existing packaged liquor premises in the locality in which the
proposed licensed premises are, or are to be, situated”.
1.21 Later in section 10 and 19 of these submissions the applicant will
demonstrate in more detail how this proposal will comply with section
36B(4) of the Act as the existing packaged liquor outlets do not satisfy
the reasonable requirements of the public for packaged liquor
requirements in the locality.
1.22 The objects of the Act are contained in section 5, which states the
primary objects of the Act are (section 5(1)) –
1.22.1 “to regulate the sale, supply and consumption of liquor;
and
1.22.2 to minimise harm or ill-health caused to people, or any
group of people, due to the use of liquor, and
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1.22.3 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”.
1.23 Section 5 (2) of the Act also includes the following Secondary Objects;
1.23.1 “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; and
1.23.2 To provide adequate controls over, and over the persons
directly or indirectly involved in, the sale, disposal and
consumption of liquor; and
1.23.3 To provide a flexible system, with as little formality or
technicality as may be practicable, for the administration
of this Act, and
1.23.4 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.”
1.24 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”.
1.25 In the Aldi South Fremantle decision (refusing an application for a
conditional grant of a liquor store licence), dated 22nd March 2019, at
paragraph 26, the Director said (attachment 2));
1.25.1 “None of the primary objects of the Act take precedence
over each other, however, where conflict arises in
promoting the objects of the Act, the licensing authority
must weigh and balance the competing interests in each
case11 and it is a matter for the licensing authority to decide
what weight to give to the competing interests and other
relevant considerations”.12
1.26 The footnote references at 11 and 12 from the above decision relate
to the following;
1.26.1 Footnote 11 - Executive Director of Health v Lily Creek
International Pty Ltd & Ors [2000] WASCA 258.
1.26.2 Footnote 12 - Hermal Pty Ltd v Director of Liquor Licensing
[2001] WASC 356.
1.27 The Director General provides advice to applicants for a liquor licence
on the Department of Racing, Gaming and Liquor website
((https://www.rgl.wa.gov.au/liquor/liquor-news/liquor-news-
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archive/note-from-director-general). The advice note is called ‘A
note from the Director General on Applying for a Liquor Licence’ and
in it the Director made the following comments;
1.27.1 “The public interest, as ascertained from the scope of
purpose of the Act, involves catering for the requirements
of consumers of liquor and to have liquor outlets consistent
with good order and proprietary in relation to the
distribution and consumption of liquor.”
1.27.2 “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.”
1.27.3 “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.”
1.27.4 “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.”
1.27.5 “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)”.
Residential property in Riverhaven Estate
1.28 In 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, Minister Paul Papalia pertaining to the Liquor Control
Act Amendment Bill 2018, stated;
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1.28.1 “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”.
1.28.2 “By cutting red tape we are supporting exciting local
businesses, creating more jobs and moving towards a
tourism-friendly hospitality industry”.
1.29 The licensing authority regulates the sale, and supply of alcohol. It
seeks 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.
1.30 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.
1.31 The applicant has also considered the demographics of the locality
and will also demonstrate in other sections of these submissions that
the proposed liquor store is well planned to provide these important
packaged liquor services with very little potential for increased harm
or ill health.
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2 The Locality
2.1 The proposed liquor store will be located within the new Martin
shopping centre at 6 Ferres Drive, Martin.
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 ….in terms of addressing objects 5(1)(b) and 5(1)(c) of the
Act, an applicant may need to consider an area which is much
broader than the ‘locality’ used for consideration of amenity
issues. For example, an application for a destination liquor
store, which may draw its clientele from a large geographic
area, would need to address 5(1)(b) and 5(1)(c) of the Act in
a much broader context”.
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2.4 In this policy document, Martin is listed as suburb outer metropolitan
region, which is a suburb situated outside 15km radius of the Perth
CBD, but within the Metropolitan Region Scheme administered by the
WA Planning Commission. Therefore, the locality definition for Martin
is stated as a 3km radius of the subject premises.
2.5 The following map, as taken from the Nearmap website shows the
approximate location of the subject premises within the 3km radius.
Subject Premises
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 man-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 1.4 above, the subject
premises will be part of the new Martin shopping centre, which
will be located on Ferres Drive, Martin.
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2.7.2 The proposed Bottle-O Martin will be surrounded by other
businesses in the new shopping centre, including;
2.7.2.1 A new IGA supermarket,
2.7.2.2 Chemist,
2.7.2.3 Gym and
2.7.2.4 Fast food shop.
Residential property in Riverhaven Estate
2.8 The presence of natural or man-made boundaries that effectively
separate one local community from another.
2.8.1 MacroPlanDimasi produced an Information Memorandum on
the proposed Ferres Drive Development in November 2017
(attachment 3). The Ferres Drive Development referred to
contains the subject premises.
2.8.1.1 “Ferres Drive site is the only available land
available (sic) for the accommodation of a mixed
used employment precinct along the Tonkin
Highway. The trade area is expected to grow
strongly over the next decade.”
2.8.1.2 “Potential uses at the site include:
2.8.1.2.1 “Bulky goods;
2.8.1.2.2 Supermarket;
2.8.1.2.3 Convenience retail;
2.8.1.2.4 Service precint;
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2.8.1.2.5 Gymnasium”
2.8.2 The Memorandum goes on to say;
2.8.2.1 “The (new Martin shopping centre) development is
located…..within the major employment /
industrial node….between the Tonkin and Albany
Highways.”
2.8.2.2 “From a regional perspective, the site is located
approximately 18km South east of Perth CBD,
within the City of Gosnells.”
2.8.2.3 “The location is afforded reasonably
unconstrained access to the Tonkin Highway, with
connections to both the airport and southern
regions of Western Australia.”
2.8.2.4 “The Tonkin Highway represents a significant link
for freight and industrial workers, as well
travellers from the growth areas of Perth to inner
Perth.”
Residential property in Riverhaven Estate
2.9 The community most likely to be impacted by the grant of this
application.
2.9.1 There is a growing residential community at Riverhaven
Estate, and Lumen Rise, however the proposed liquor store is
of modest size in comparison to the overall retail footprint of
the new shopping centre.
2.9.2 Conversely, given its strategic location close to the Tonkin
Highway (43,000 vehicles per weekday, attachment 3, page
2), the proposed shopping centre and liquor store are likely to
be very convenient for a large passing public.
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2.9.3 The Macro Plan Memorandum also concludes;
2.9.3.1 “Ferres Drive has the opportunity to capitalise on
a number of locational and growth benefits that
are occurring in the area, namely:
2.9.3.1.1 “Strong visual exposure from Tonkin
Highway;
2.9.3.1.2 Strong traffic volumes on Tonkin
Highway;
2.9.3.1.3 Local workforce;
2.9.3.1.4 Close proximity to (the City of)
Gosnells growth area;
2.9.3.1.5 Limited service retailing along the
Tonkin Highway;
2.9.3.1.6 Growing workforce.”
2.10 Demographics of the locality:
2.10.1. 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.
2.10.1.1. Martin;
2.10.1.2. Kelmscott;
2.10.1.3. Champion Lakes;
2.10.1.4. Gosnells;
2.10.1.5. Maddington;
2.10.1.6. Orange Grove.
2.10.2. For the purposes of the demographic study in these
submissions, the applicant will use the City of Gosnells local
government area as being representative of the locality, and
to assess the prevalence of the priority population groups in
the locality for these submissions.
2.10.3. The map below, as taken from the Australian Bureau of
Statistics website, show the City of Gosnells local
government area and the approximate location of the
subject premises within the City of Gosnells.
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Subject
Premises
2.11 Outlet density:
2.11.1 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;
2.11.1.1 “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”.
2.11.2 For the purpose of the outlet density study the applicant has
considered all licensed premises within a 3km radius of the
subject premises.
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3 Demographics of the Locality
Residential property in Riverhaven Estate
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,
3.2.7.3. People identifying as lesbian, gay, bisexual,
transgender or intersex; and
3.2.7.4. Homeless people.
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3.3. The applicant will consider all ten 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 3.5 & 3.6 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, 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 2.10.2 above, for the purposes of the
demographic study, the applicant will be considering the 2016 census
data relating to the City of Gosnells local government area. This local
government area will be taken to be representative of the locality in
this section.
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3.9. The selected ABS 2016 Census data is shown in the table below.
Locality WA
ABS Census 2016
Total Persons 118,073 2,474,410
Aboriginal and Torres Strait Islander
People 2.3% 3.1%
Age
Persons aged 15-24 years 13.5% 12.6%
Persons aged 65 years and over 11.7% 14.0%
Country of birth
Australia 51.2% 60.3%
Father only born overseas 6.3% 7.5%
Mother only born overseas 5.2% 5.8%
Language
English only spoken at home 62.2% 75.2%
Employment
Unemployed 9.7% 7.8%
Industry of employment
Mining 3.8% 6.3%
Family Composition
Couple family with children 50.1% 45.3%
Tenure
Rented 23.2% 28.3%
Household Income
Less than $650 gross weekly income 17.8% 18.3%
Rent weekly payments
Median rent $350 $347
Households where rent payments are 90.6% 90.3%
less than 30% of household income
Households where rent payments
greater than or equal to 30% of 9.4% 9.7%
household income
Dwelling - Number of registered
motor vehicles
2 motor vehicles or more 62.8% 60.4%
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 in 2016 the percentage of
aboriginal people in the locality was lower at 2.3% compared
with the figure for the State at 3.1%.
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3.11.2. Further, the percentage of aboriginal people in Martin, the
suburb where the proposed liquor store is to be situated was
very low at 0.4%.
3.12. Children and young people
3.12.1. The average figure for persons aged between 15 and 24 in the
locality was higher at 13.5%, when compared to the State
figure at 12.6%.
3.12.2. The figure for the same priority group in Martin was only
slightly higher than the State rate at 12.8%.
3.13. People from rural and remote areas, including fly-in, fly-out and
drive-in, drive-out workers
3.13.1. The locality is neither a rural nor a remote area. Further the
number of people working in the mining industry in the
locality was very low.
3.14. Older adults
3.14.1. The figure for people aged 65 years and older in the locality
was lower (at 11.7%) than the State figure of 14.0%.
3.15. Culturally and linguistically diverse communities
3.15.1. Compared to Western Australia the locality showed;
3.15.1.1. Fewer families where the father or mother was
born overseas.
3.15.1.2. A higher than average figure for English only
spoken at home.
3.16. Additional Relevant Demographic Conclusions
3.16.1. The unemployment rate in Martin is low.
3.16.2. Few people live in rental accommodation in Martin.
3.16.3. The locality has low figures for rent stress.
3.16.4. Motor vehicle ownership is high.
3.16.5. The figure for “Couple family with children” in the locality is
high.
3.17. Overall, it can be concluded from the data that the population, in
terms of priority groups, is unremarkable.
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4 Growth in Population and Residential
Development in the Locality
Residential property in Riverhaven Estate
4.1. Martin is a very new suburb, only being gazetted in 1974. Together
with Orange Grove, which is also a new suburb, Martin occupies the
east and south of the locality.
4.2. The other three suburbs, namely Kelmscott, Gosnells and
Maddington, are much older and much more established populations.
Kelmscott was gazetted in 1830, Gosnells was declared a municipality
in 1907, and Maddington dates back to 1832, although it was first
developed in 1904. Champion Lakes suburb is also within the locality,
however it only occupies a very small portion of the locality.
4.3. From the above, it becomes clear there are two distinct and very
different parts to this locality. The northern and western part, which
is very established and settled, and the southern and eastern part
which may be characterised as a growth corridor.
4.4. Why do we say “growth corridor”? In 2001 the combined population
of Martin and Orange Grove (the eastern portion of the locality) was
only 448, by 2006 it was 951. So, from 2001 to 2016 the population
grew by 407%, from 2006 to 2016 the growth was 139%. It is pertinent
to say the growth was coming from a low base, but still these are very
large growth numbers. By way on contrast the population in what we
might call the western suburbs in the locality (Kelmscott, Gosnells
and Maddington) from 2001 to 2016 was only 19%.
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4.5. Clearly the population growth in this locality is occurring in the east
and south, i.e. in Martin and Orange Grove.
4.6. Even that, however, is not the full story. The population of Orange
Grove grew by 37% from 2006 (544) to 2016 (747), while the suburb
of Martin (in which the subject premises are located) grew by 274%
from 407 people to 1,524 in 2016.
4.7. Population growth in the suburb of Martin (from 2006 to 2016)
4.8. Using the Australian Bureau of Statistics Census data, the applicant
has compared the total population for the suburb of Martin and
Western Australia from 2006, 2011 and 2016. The table below shows
growth in population in both Martin and Western Australia.
Total population (ABS Census) Martin Western Australia
2016 1,524 2,474,410
2011 1,163 2,239,170
2006 407 1,959,088
Residential property in Riverhaven Estate
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4.9. The applicant then compared the growth percentage in population,
from 2011 to 2016 and from 2006 to 2016.
Population growth Martin Western Australia
From 2011 to 2016 24% 9%
From 2006 to 2016 73% 21%
4.10. It can be seen from the table above, the population in Martin has
significantly increased (by 73%) from 2006 to 2016, compared to the
population in Western Australia which has only grown by 21% during
the same period.
4.11. Also, from 2011 to 2016, the population in Martin grew at almost
three times the rate of Western Australia as a whole.
4.12. Further, the following data was taken from the City of Gosnells
website:
4.12.1. “The City of Gosnells population forecast for 2020 is
133,102, and is forecast to grow to 170,048 by 2036.”
4.13. The above shows the population in the locality, and in particular in
the suburb of Martin, has grown and is forecasted to grow into the
future.
4.14. Residential Development in Martin
4.15. The tables and information taken from the City of Gosnells website
below show the residential development forecasts for Martin (East)
and Orange Grove and for Martin (West).
https://forecast.id.com.au/gosnells/residential-
development?WebID=190
Residential Development in Martin (East) – Orange Grove
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Residential Development in Martin (West)
4.16. These tables include the following;
4.16.1. “Assumptions concerning development over the forecast
period include:
4.16.1.1. “Ferres Drive – 141 dwellings (2016-2019);
4.16.1.2. Mills Road West – 65 dwellings (2017-2020);
4.16.1.3. Future potential major site development – 171
dwellings (2020-2026);
4.16.1.4. Low-high level of greenfield development (0-40
dwellings per annum).”
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Development in the LocalityBottle-O Martin│Public Interest Assessment
4.17. Residential Development in Martin
4.18. Below are some aerial pictures, as taken from the Nearmap website,
which show an overview of the residential development in Martin
between December 2013 and December 2019.
December 2013
Subject
Premises
November 2016
Future Lumen
Residential Rise
Estate
Riverhaven Subject
Estate Premises
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Development in the LocalityBottle-O Martin│Public Interest Assessment
December 2019
Future Lumen
Residential Rise
Estate
Subject
Riverhaven
Premises
Estate
4.19. These aerial photographs clearly evidence the substantial population
growth in the locality.
4.20. The following quotes are taken from the information memorandum
on the proposed Ferres Drive Shopping Centre Development prepared
by MacroPlanDimasi in November 2017 (attachment 3):
4.20.1. “The area near the subject site is known to be a growth
area in outer Perth and this is noted in the high growth
rates adopted by the Western Australia Planning
Commission.
4.20.2. The main trade area population is estimated at 52,500 as
at June 2017 and is estimated to grow…..to reach 62,270 by
2026.
4.20.3. Home ownership levels within the main trade area are in
line with the metropolitan Perth averages at 71.1 percent.
4.20.4. Ferres Drive Growth Potential
4.20.4.1. “The total resident expenditure represents the
total available expenditure generated from
within the defined catchment and is not inclusive
of the vast amount of passing traffic and worker
expenditure.”
4.20.4.1.1. “Trade area total retail
expenditure was $13,466 per person
in 2016, of this $8,095 was spent on
food and $5,372 on non-food goods
and services.
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Development in the LocalityBottle-O Martin│Public Interest Assessment
4.20.4.1.2. Total retail expenditure is
estimated to grow from $700
million at 2017 to $1,027 million by
2026.”
4.21. This section has shown the locality is experiencing strong growth in
residential population, with further growth forecast in the future.
Residential property in Riverhaven Estate
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Development in the LocalityBottle-O Martin│Public Interest Assessment
5 Outlet Density
5.1 The proposed Bottle-O Martin will be located at the new Martin
shopping centre at 6 Ferres Drive, Martin WA, adjacent to and
accessible from a new IGA supermarket.
5.2 As stated in paragraph 2.11.1. above, the Director’s policy on Public
Interest Assessment states “Applicants will also need to
provide……….outlet density information that includes:
5.2.1 If the applicant intends to sell packaged liquor, the location
of all existing licensed premises within the locality;
5.2.2 Nature of services provided by the other licensed premises;
and
5.2.3 The level of access to, and diversity of the services.”
5.3 The following suburbs fall in whole or in part within the locality (3km
radius);
5.3.1 Martin;
5.3.2 Kelmscott;
5.3.3 Champion Lakes;
5.3.4 Gosnells;
5.3.5 Maddington;
5.3.6 Orange Grove.
5.4 In January 2020 the applicant searched the website of the Office of
Racing, Gaming and Liquor for all licensed premises within those
suburbs.
5.5 According to the website, there are no liquor licences of any kind in
the suburb of Martin where the proposed liquor store is to be situated.
Therefore, if this application is approved, the proposed liquor store
will be the first packaged liquor outlet available to the general public
in Martin.
5.6 This is actually unsurprising, as Martin is a relatively new suburb.
5.7 So, in this way the applicant;
5.7.1 Identified all existing licensed premises within the suburbs
listed in paragraph 2.10.1 above.
5.7.2 The applicant then eliminated any premises which may not
trade in a manner similar to a liquor store.
5.7.3 Subsequently, the applicant eliminated any premises from
that list which is located outside the 3km radius.
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5.8 This resulted in the following premises which may trade in a manner
similar to a liquor store which are situated in the locality.
Licence Ref Licence Premises Name Address
Type
6020009373 LIQ- Corfield Tavern (Bottlemart) 292 Corfield Street GOSNELLS
Tavern WA 6110
6020028290 LIQ- Gosnells Hotel (BWS) 2149 ALBANY HWY GOSNELLS
Tavern WA 6110
6030019430 LIQ- Liquorland Gosnells 2165 ALBANY HIGHWAY
Liquor GOSNELLS WA 6110
Store
6020020784 LIQ- Maddington Tavern RADIATA STREET MADDINGTON
Tavern (Bottlemart) WA 6109
6030004580 LIQ- Thirsty Camel Maddington 2043 Albany Highway
Liquor MADDINGTON WA 6109
Store
6030044982 LIQ- Maddington Village Liquor Shop 12 and 13 Maddington
Liquor (Cellarbrations @ Maddington) Village Cnr Helm and Westfield
Store (currently not trading) Streets MADDINGTON WA 6109
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5.9 Below is a map indicating the rough position of the existing packaged
liquor outlets above which fall within the 3km radius of the subject
premises.
5.10 In January 2020, the applicant engaged Perth Market Research (PMR),
an independent experienced market research company to prepare a
report in respect of the existing packaged liquor outlets in the
locality.
5.11 PMR’s company profile can be accessed from the following link
https://www.perthmarketresearch.com.au/about/
5.12 Attachment 4 contains the reports from PMR in respect of their visit
to each existing packaged liquor outlet in the locality.
5.13 PMR were asked to evaluate each packaged liquor outlet in the
locality according to the following criteria;
5.13.1 Browse area of the outlet;
5.13.1.1 The average size of the browse area for the
existing packaged liquor outlets in the locality is
165sqm.
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5.13.1.2 The browse area for Maddington Tavern is only
30sqm.
5.13.1.3 The proposed Bottle-O Martin will offer a 194sqm
browse area and a drive through facility.
5.13.2 Availability of drive through facility;
5.13.2.1 Two existing packaged liquor outlets in the
locality offer a drive through facility (i.e. Gosnells
Hotel and Maddington Tavern).
5.13.2.2 However, both existing outlets above are
attached to a tavern or a hotel. Neither of these
outlets is located close to or connected to a
supermarket.
5.13.3 Car parking;
5.13.3.1 Each of the existing packaged liquor outlets in the
locality has sufficient car parking for customers.
5.13.4 Location (within a shopping centre);
5.13.4.1 Only one existing packaged liquor outlet in the
locality is located within a shopping centre.
However, the shopping centre had many closed
and shuttered stores, and the applicant
understands the packaged liquor outlet in
question, Maddington Village Liquor
(Cellarbrations @ Maddington), has since closed
its doors in March 2020.
5.13.4.2 The proposed Bottle-O Martin will be situated in a
brand-new shopping centre that will offer other
services (please refer to paragraph 1.4 above) to
the new aspirational growing community of
Martin.
5.13.4.3 According to the Ferres Drive Market Assessment
Report prepared by Macro Plan Dimasi (page 42
see attachment 3), “the assessment of retail
expenditure within the trade area indicates
sufficient demand for the food and grocery,
liquor, take-away food, gym and sports,….to
sustain the proposed Ferres Drive development
land use mix.”
5.13.5 Staff knowledge in relation to Swan Valley and Perth Hills
liquor products;
5.13.5.1 Staff members PMR spoke to at the existing
packaged liquor outlets in the locality had very
little knowledge of Swan Valley and Perth Hills
wine and liquor products.
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5.13.6 Estimated range of selected Swan Valley and Perth Hills
wine and liquor products on display (please refer to
paragraph 5.24 below)
5.13.6.1 Not one of the existing packaged liquor outlets in
the locality displayed any liquor item produced by
any of the selected Swan Valley and Perth Hills
liquor producers.
5.13.6.2 Whilst, the proposed Bottle-O Martin will feature
and support local liquor producers, including Swan
Valley and Perth Hills producers.
5.14 PMR’s observations are summarised below.
5.14.1 Corfield Tavern (Bottlemart)
5.14.1.1. “The store appeared to have a limited stock of
wines.”
5.14.1.2. “The staff member could not identify any Swan
Valley wines that were stocked in-store.”
5.14.1.3. “The store had an access door directly through
to the tavern at the rear.”
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5.14.2 Gosnells Hotel (BWS)
5.14.2.1. “The store was irregularly shaped to
accommodate the drive-through.”
5.14.2.2. The bottleshop is “attached to a hotel”
5.14.2.3. “The staff member could only identify one Swan
Valley wine that was stocked in-store, - namely
Houghtons.”
5.14.3 Liquorland Gosnells
5.14.3.1. It does not have a drive-through facility
5.14.3.2. They have liquor range from Houghton Wines and
Oakover Wines.
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5.14.4 Maddington Tavern (Bottlemart)
5.14.4.1. It has a drive-through facility and it is part of
the Maddington tavern.
5.14.4.2. The browse area is small, approximately 30sqm.
5.14.4.3. The store shows “minimal wine stock.”
5.14.4.4. “The door to the store is locked and entrance is
only accessible when the staff come and unlock
the door – once the drive-through alert is
triggered.”
5.14.4.5. “Theft would appear to be an issue, people
were standing/seated on the ground next to the
Tavern during the visit.”
5.14.4.6. “Despite the store having one Swan Valley wine
(Houghton Wines), the staff member was not
aware that this was from the Swan Valley and
directed Perth Market Research to other liquor
stores in the area…”
5.14.5 Thirsty Camel Maddington
5.14.5.1 “The store had the counter directly adjacent to
the front door with a small fridge on the other
side.”
5.14.5.2 “The store was also quite dark.”
5.14.5.3 The staff member indicated Houghton Wines,
Sandalford Wines and Oakover Wines were the
only range they stocked.
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5.14.6 Maddington Village Liquor (Cellarbrations @ Maddington)
5.14.6.1. It should be noted this liquor store ceased
trading in February / March 2020.
5.14.6.2. The outlet is located within a shopping centre
with many closed and shuttered stores.
5.14.6.3. “The staff member could not identify any Swan
Valley wines that he stocked in-store. When
asked about them (Swan Valley liquor
products), he (the staff member) could not
suggest anything after a few minutes.”
5.15 Clearly wine in general, and Swan Valley and Perth Hills wine in
particular, is not a feature of any of the existing packaged liquor
outlets in the locality, and anyone seeking these products would have
to go to the trouble of driving out of the locality to obtain their
reasonable packaged liquor requirements.
5.16 Attachment 5 contains a letter from Eric Lembo, an owner of
Riverbank Estate, an award wining winery situated in Swan Valley. In
his statement, Eric says:
5.16.1 “We have approached many of the liquor retail chains and
outlets, for example, Bottlemart, BWS, Liquorland, Thirsty
Camel, Cellabrations), however as a smaller vineyard we
find they are unwilling to provide shelf space and prefer to
promote the larger and more commonly known eastern
state wines”
5.16.1.1 Please note the liquor chains mentioned by Eric
are the liquor chains used by the existing
packaged liquor outlets in the locality.
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5.16.2 “In fact everal (sic) attempts have always been redirected
to their head offices which are in the Eastern States and
local stores cannot/will not deal with us on a one to one
basis.”
5.16.3 “This is proving problematic as we have top quality wines but
it is difficult to get brand recognition if we are unable to
get them into the local liquor retail stores.”
5.17 Attachment 6 contains an email from Colby Quirk of Sittella Winery,
in his email, Colby says, “Sittella does not supply any wine to the
below mentioned stores (the existing packaged liquor outlets in the
locality).”
5.18 Similarly, attachment 7 contains a letter from Vino Volta (Swan
Valley) winery. In his letter Garth Cliff, one of the winery owners
says,
5.18.1 “We are not represented by any of the below businesses”
(i.e. the existing packaged liquor outlets in the locality).
5.19 Therefore, should this application be approved, it will give an
opportunity for Swan Valley and Perth Hills liquor producers to
promote and market their product range in the locality.
5.20 It was also notable that staff members in the outlets;
5.20.1 Had very little knowledge of Swan Valley and Perth Hills
wine and liquor products,
5.20.2 Did not offer to order the products in, and
5.20.3 Often had to perform a duel role between the packaged
liquor facility and on premises liquor functions.
5.21 To explore this further PMR was provided with a sample list of Swan
Valley and Perth Hills wine and liquor products and asked to assess
whether any of the existing packaged liquor outlets in the locality
displayed any of the selected items.
5.22 The applicant selected a broad range of Swan Valley and Perth Hills
wine and liquor producers, all of which it intends to range in its new
store (subject to customer demand). It is, however, not feasible to
check all Swan Valley and Perth Hills products without encountering
difficulties during the outlet visits.
5.23 However, as it transpired, the task was made easier by the lack of
Swan Valley and Perth Hills liquor and wine products on display, and
the general disinterest of the stores in those products.
5.24 The Swan Valley and Perth Hills liquor producers selected were;
5.24.1 Riverbank Estate, 126 Hamersley Road, Caversham, WA;
5.24.2 Mandoon Estate, 10 Harris Road, Caversham, WA;
5.24.3 Sittella Winery, 100 Barrett Street, Herne Hill, WA;
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5.24.4 Core Cider, 35 Merrivale Road, Pickering Brook, WA;
5.24.5 John Kosovich, 180 Memorial Avenue, Baskerville, WA;
5.24.6 Pinelli Estate Wines, 30 Bennett Street, Caversham, WA;
5.24.7 Vino Volta, 81 Campersic Road, Middle Swan, WA;
5.24.8 Old Young’s, 10581 West Swan Road, Henley Brook, WA.
5.25 The table below shows the results.
5.26 A tick indicates that producer’s local product is ranged at that outlet,
and a cross indicates it was not on display.
Proposed Corfield Gosnells Liquorland Maddington Thirsty Maddington
Bottle-O Tavern Hotel Gosnells Tavern Camel Village Liquor
Martin (Bottlemart) (BWS) (Bottlemart) Maddington (Cellarbrations
@ Maddington)
Riverbank X X X X X X
Estate
Mandoon X X X X X X
Estate
Sittella X X X X X X
Winery
Core X X X X X X
Cider
John X X X X X X
Kosovich
Pinelli X X X X X X
Estate
Wines
Vino X X X X X X
Volta
Old X X X X X X
Young’s
5.27 Not one of the existing packaged liquor outlets in the locality
displayed any liquor item produced by any of the selected Swan
Valley and Perth Hills liquor producers.
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6 Convenient One Stop Shopping
6.1 In this section, it will be demonstrated that to have a liquor store
next to or attached to a supermarket is;
6.1.1 convenient;
6.1.2 commonplace;
6.1.3 expected by the public;
6.1.4 beneficial to both the liquor store and supermarket business.
6.2 There are a large number of liquor stores in WA which are situated
next to or are attached to a supermarket.
6.3 Examples include the following;
6.3.1 The Bottle-O Dongara;
6.3.2 Baldivis Cellarbrations;
6.3.3 IGA Como;
6.3.4 IGA Canning Bridge;
6.3.5 IGA Capel;
6.3.6 IGA Wongan Hills;
6.3.7 IGA Dawesville;
6.3.8 Liquorland Beechboro;
6.3.9 The Wine Box, Shenton Park;
6.3.10 The Wine Box, Nedlands.
6.4 Convenient one stop shopping is currently unavailable to local
residents and visitors to the locality.
6.4.1 Maddington Village Liquor (Cellarbrations @ Maddington) was
the only packaged liquor outlet that was located within a
shopping centre in the locality. However, the liquor outlet
closed down in February / March 2020.
6.4.2 In any case, Maddington Village Liquor was not adjacent to a
supermarket. There was a fresh food market within the same
shopping centre called “Maddington Fresh Village”.
6.5 To further illustrate why this concept is important to consumers there
were some case studies done by Independent Brands Australia
(attachment 8).
6.6 In case study 1 when a liquor store on New South Wales’ central coast
was removed from a standalone location and placed next to a
Franklins supermarket, some interesting results were observed, as
follows;
6.6.1 Liquor store sales were far in excess of predictions;
6.6.2 Gross profit rose by 1.9%; and
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6.6.3 The ratio of beer sales dropped, even though beer sales
overall increased.
6.7 Attachment 8 contains several case studies produced by Independent
Brands Australia relating to the “effect of including liquor as a
commodity in a supermarket”.
6.8 These case studies document experiences in other States of Australia,
but there is no reason to doubt that the effect would be the same
here.
6.9 All three case studies show that sales increase in both a liquor store
and a supermarket when the two businesses are combined – as
proposed with this application.
6.10 This therefore shows that people prefer to have the two services
offered side by side.
6.11 In the FoodWorks Supermarket, Nyngan, NSW the initial experience
was that “for every dollar picked up in liquor the sales in the rest of
the store increased by a dollar”.
6.12 However, in “some weeks it has gotten as high as 3 dollars for every
liquor dollar”.
6.13 The IBA researchers added; based on their findings, “Our view is that
liquor is an integral part of a supermarkets range and offer….”
6.13.1 These studies show that the impact of repositioning a liquor
store next to a supermarket is that sale of both the liquor
store and the supermarket are both likely to increase,
indicating that many people find this combined service
attractive.
6.14 In a Liquor Commission decision (LC 07/2017) dated 27th March 2017,
granting a liquor store licence to Liquorland Success (attachment 9),
the Commission stated;
6.14.1 “the granting of the application will provide a one-stop
shopping experience for those who purchase their groceries
from the Coles supermarket adjacent to the proposed
premises”.
6.14.1.1 The proposed liquor store will be an integral part
of the IGA store in the new Martin shopping
centre.
6.14.2 “One-stop shopping is of great importance to the many
members of the community who lead busy and time poor
lifestyles”;
6.14.2.1 Comments from questionnaire respondents in
paragraph 6.15 below show there is a readily
identifiable section of the local community which
would appreciate the one stop service proposed
here.
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6.14.3 “the granting of the application will provide greater choice
for those who purchase packaged liquor within the shopping
centre”;
6.14.3.1 The applicant proposes to offer a selection of
take-away Swan Valley and Perth Hills liquor
products that are not available in the locality.
6.14.3.2 80% of the questionnaire respondents said they
would like to purchase the Swan Valley and Perth
Hills liquor products the applicant identified in
the questionnaire.
6.15 When the questionnaire respondents were asked to describe the level
of convenience of having the proposed liquor store integrated with
an IGA supermarket, they said the following;
6.15.1 Steven Borley of Gosnells, “It saves travelling 12km to
purchase our liquor requirements.”
6.15.2 Stephanie Kirkman, a library officer who lives in Martin,
“Saves having to go to another secondary location to buy
alcohol after doing grocery/hop-up shops. Very useful”
6.15.3 K Verco, a manager said, “one stop shop, (it) saves time (&)
fuel.”
6.15.4 Jessie Rogers who works in a childcare, “Because I could get
everything in one place. (It is) convenient when im (sic)
heading out.”
6.15.5 Jacinta White of Martin, “Having an IGA and liquor store
within walking distance would be very convenient….I often
just need a couple of groceries or to get my husband a 6
pack.”
6.15.6 Lisa Mitchell of Gosnells, “Cause I can get everything done at
one spot. Also, get to support a local business.”
6.15.7 Julia Del Simone of Martin, “It’s convenience (sic) being all in
one place and more closer (sic) to my home.”
6.15.8 Linda Wells, a carer, “I can get everything in one location and
supporting a local shop which is better for the area.”
6.16 In the Survey Monkey questionnaire (see section 18 below)
respondents were asked to list their reasons why it was important to
them to have the proposed liquor store integrated with an IGA
supermarket. The top responses were;
6.16.1 I want to support local businesses and this makes it easier for
me having them both located together – 66.4%,
6.16.2 I will have everything I need in one stop – 45.2%, and
6.16.3 It’s convenient – 44.2%.
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