Butterfly 73 PUBLIC INTEREST - ASSESSMENT - Department of Local ...
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Butterfly 73 PUBLIC INTEREST ASSESSMENT
Premises Name: BUTTERFLY 73
Premises Address: 73 Francis St, Northbridge WA 6003
Licensee: Klassic Group Pty Ltd
Est: Sep 2017
Application is made for a variation of the hours on our current Extended Trading Permit
relating to ongoing hours on ETP No. 0210062317 current to October 11, 2022.
The permit in existence now partially meets the needs of our customers, limiting the full
services that are being sought by our customers and the community, outlined further in
this document.
The current approved permit, pursuant to Section 60(4)(g) of the Liquor Control Act
1988. Klassic Group is authorised to trade, to sell and supply liquor, during the following
hours:
• Wednesday from midnight to 1am,
• Thursday from midnight to 1am,
• Friday from midnight to 1am,
• Saturday from midnight to 1am, and,
• No trading on Christmas Day, Good Friday, or before noon on ANZAC day.
The extended hours applied for, to coincide with customer demands are the following;
• Wednesdays: until 0130am (additional 30 minutes)
• Thursdays: until 0215am (additional 75 minutes)
• Fridays: until 0215am (additional 75 minutes)
• Saturdays: until 0245am (additional 105 minutes)
• Sunday (Public Holidays) until 0130am (additional 90 minutes)
We have been mindful in carefully examining the hours required to meet customer
demands, hence the precise times requested above, as opposed to a blanket request. These
hours are based on Scantek records (Thursdays comprising 27%, Fridays 25%, and
Saturdays the busiest at 48%), customer feedback (85% of customers attending after
10pm, and 98% of customers wanting to remain at the venue after 1am – outlined as per
Section 2 of this document), and our venue’s unique offering for the community (namely
a mature audience with 68% of customers above 22 years of age as per Section 2 of this
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document, 49.8% above 25 years of age as per Scantek December records, salsa dancing,
and premium offerings such as cover charge for Saturdays & in-house production team).
It is simply not a financially motivated request where our team wishes to trade longer, it is
based on the demand from our existing customer base, indicating an overwhelming desire
by the community as outlined in Section 2 of the document and the Customer Assessment
Survey (CAS) conducted (included in Appendix A of this document).
Although the venue has allowances to open early, as per Section 98(1) of the ACT, in
actuality the venue does not open until 5pm for preparation prior to 6pm entry time. As
our style of trade has no requirement for these earlier times and, thus the venue effectively
does not trade for approximately 73 hours in the week.
The additional hours sought include the additional 1.5 hours for Sunday Public Holidays.
A check on Sunday Public Holidays shows that there are three remaining periods this
year, and roughly 7 for each of 2021 and 2022 calendar year.
The venue has in the past applied for one - off permits and as such have been granted 4 to
date. As requirements dictate, we shall make further applications, but in the interest of all
parties, and continuity, we make an application for on-going hours.
In doing so, we have reviewed, comply with, and agree to adhere to, all the rules outlined
in the extended trading – on-going and indefinite policy.
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1. MANNER OF TRADE
1.1. VENUE SUMMARY
The venue, namely Butterfly 73, is on Francis Street Northbridge close to the intersection
of Lake street. The venue has now traded since May 29, 2018 with current license
expiring October 11, 2022.
Nestled just outside of the hustle bustle of the main streets of the nightlife strip. In
walking distance from the main hub of Northbridge. Walking up to the venue, you’re
greeted with a simple, minimalist exterior. The dark blue and gold of the logo also
mimicking the render of the building.
Butterfly 73 stands as a non-imposing venue, not in your face, surprisingly not loud, with
flamboyant signage, typical of other nightlife venues within the precinct. The venue
exudes the feel of an exclusive destination with a personalised experience awaiting.
A step inside and you’re treated to a fit-out like no other. Mirror tiles, crystal, and lighting
that reflects off the surfaces. Glowing butterflies suspended from the ceilings. Dark wall
colours around the venue serve as a background highlighting the bar, a showpiece,
seemingly suspended in the centre of the venue. Elegant lighting, floating lights within
bottles, and serving area well light. This centrepiece is contrasted by a subtly lit selection
of VIP booths that stand elevated to either side of the foyer. With one ultra-premium
“Cocoon” booth hidden from sight, as an elevated platform amongst the dancefloor.
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The atmosphere in the venue is primarily one of lounging, socialising, mingling, of
meeting people in an environment that is safe, yet conducive to conversing. Once the
music is playing, and the dedicated production team takes over, the atmosphere
transforms to one of controlled but unparalleled dancing energy.
Complementing the indoor space is a semi-covered outdoor area with a floor to ceiling
garden and a mural spanning the length of the alleyway. This space is a smoking area, a
respite for some, and one for deeper conversations that need to be moved to a quieter area.
The outdoor area has seating with separate booths, standing bar tables, and creates the
aura of traversing the alleyways of Brooklyn.
1.1.1. Floor Plan / Layout
The venue is one simple floor plan layout which is wholly conducive to visual supervision
and the floor plan approved on 10 March 2020. shows the open layout with movable room
for customers and staff. This open plan style format allows for ease of movement and
flexibility for manner of trade.
The locale falls within the 2-kilometre radius.
Being near the corner of Lake Street it ascertains that our position is well within the
Northbridge entertainment area, while slightly detached from the main hub of James,
Lake, and William Streets.
Being situated within this locale is cause for the requirement to have consideration of
alternative hours, allowing unique value offered by individual venues each trading in their
own style and manner of trade.
Peak times are generally mid-week to the weekends, and public holidays. Hence the
requirement for the provision of additional hours.
The large proportion of staff are employed according to the main trading times only
adding to the economic framework and contributing to the total community’s wellbeing
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and with any employment of local people will obviously contribute to community
development and further contribute to the communities’ viability and long-term
development.
However, the current pandemic has seen staff being released, hoping that the future will
allow staff to return, and the entertainment provided again as allowed within the
additional times.
1.1.2. Light Snacks and Meals
Light Snacks are made available and this coincides with the comments made by WA
Police on our previous application over two years ago. WA Police were correct in
asserting that the consumption of meals is mostly done in the evenings and not in the early
hours of the morning, and hence forth we made application to the Director to have this
condition removed, of which eventually it was.
The proposal to have meals was based on the fact that it was a condition on the licence
that we had to meet, but now without such condition we can trade towards our customers’
requirements, and as per the above WA Police assertions, towards our clientele
demographic.
But regardless we still reserve the right to have some light snacks on offer should there
ever be any demand for light refreshments; again, providing a total package.
1.1.3. Proposed Special Entertainment Precinct
Source: City of Perth (proposed Northbridge special entertainment precinct) https://engage.perth.wa.gov.au/proposed-northbridge-
special-entertainment-precinct1
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The City of Perth has approved the premises for use of a function centre (Entertainment)
in conjunction with the premises as a tavern licence being subject to their Metropolitan
Region Scheme and City Planning Scheme No.2 on February 26, 2019 as per the Planning
and Development Act 2005.
The City of Perth is also making changes to ensure Northbridge remains the State’s
premier entertainment precinct by The Council at its Special Council Meeting on the 4
December 2019 resolved to initiate Amendment No. 41 to the City of Perth City Planning
Scheme No. 2 (CPS2).
As seen above Butterfly 73 falls directly within the Core Entertainment Area of this
proposed special entertainment precinct.
"This is about making sure we support the vibrant areas and venues that make our city
fun”
"The State Government is keen for the final boundaries of the Northbridge's core
entertainment precinct to include the long-established venues of the area and Perth
Cultural Centre."
– Rita Saffioti
Source: https://www.mediastatements.wa.gov.au/Pages/McGowan/2019/11/Reforms-pave-the-way-for-WAs-first-special-
entertainment-precincts.aspx
1.2. EVENT SUMMARY
The variety of the venue’s offering are vital to its community contribution. In general, it
must be a venue that supports a varied style of entertainment.
Providing such a service contributes to the entire community development in the
immediate local Government area, and supports the growing needs of customers that
either reside or visit the area from nearby and outer suburbs of Perth.
The venue is continuing to contribute to a positive future towards the immediate
community by providing a required service and safe environment meeting the changing
expectations of patrons and providing an extended new choice when attending the venue.
Thursday nights are hugely popular with high energy coordinated and controlled Latin
and Salsa dancing with the latest in international music attracting a customer base of
varying cultures. Scantek records indicate the value of this event as 54% of all attendees
are overseas residents, or interstate tourists. Nearly 10% of all attendees are French.
Although Thursday’s statistics show 27% of overall weekly attendance, the reality is that
Scantek does not consider the queue of patrons awaiting entry, of which at times exceeds
100 patrons. Thus, the percentage of patrons frequenting the venue on Thursdays, would
actually be significantly greater.
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Friday nights are targeted to a more mature age crowd with the atmosphere more laid
back with soul urban style music.
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Saturday nights are extremely popular, and the venue is always at capacity, with large
unsatisfied demand due to limited booking capacity over the short period of trade allowed
by the current license. Including popular Perth acts each week.
The venue employs an inhouse production crew working every Saturday to create the best
possible entertainment experience for patrons. This is a unique and distinguishing value
offering of our venue.
The popularity of the Saturday night event can also be confirmed by WA Police, referring
to report issued February 2019, a comment was made upon inspection at about 11.00pm
on a Saturday night, they observed a large crowd dancing near the DJ booth.
The attached CAS provided identifies the greater majority of our customers attend after
10pm. It is also noted that our current client base is a more mature audience than nearby
alternatives, with the majority (67%) falling into the age bracket of 22 – 29 years of age.
Equal to the services offered, refreshments both alcoholic and non-alcoholic are always
provided as per customer choice, with emphasis being on supervision of alcoholic
beverages.
Wednesday Night (live comedy / local arts) have different themes throughout the years
with the aim to support local arts and Fringe Festival performers. These nights provide a
unique niche offering for our customers.
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"There is so much talent in Perth and we need the right regulations to ensure the next
Tame Impala or AC/DC have local venues to perform in and grow.”
- Perth MLA John Carey
Source: WA Gov Media Statements https://www.mediastatements.wa.gov.au/Pages/McGowan/2019/11/Reforms-pave-the-way-for-
WAs-first-special-entertainment-precincts.aspx)
A recent example was a 3-month live comedy competition that had nearly 80 performers
sign-up, some performing for the first time, and others seasoned professionals seeking
stage time to hone their craft. 3,000+ customers attended the event during this time.
1.3 Current Safety Implementations
The safety of our patrons is of the upmost importance to us. Since trading as Butterfly73
we have always engaged more security controllers than required (security controllers are
not currently mandatory on our license, however we are aware they will be if extended
trading is approved). We have between 5-7 guards on each night. Which is more than the
legal requirement for a 300 PAX capacity venue.
The current Licence dated 10 March 2020, shows at Condition 1 that an identification
system be installed of which Scantek provision was implemented and now identifies our
patrons electronically.
The current Licence also requests at Condition 2 that a CCTV service to be set up of
which again is implemented and running as per the licensing guidelines. The current
licence imposes a maximum number of customers inside at 231 and a further 89 in the
10area adjacent of which the premises can easily accommodate. Department of Health have
imposed a maximum number of 300 at any one time. The venue has full CCTV, as
required by Condition 2 on the Licence.
Additionally, Condition 1 on the Licence imposes the requirement for the identification
system of which we now utilise Scantek.
1.4 Previous License Variations
It was granted by the Licensing authority on issue of our current licence ( March 10,
2020) as amended by having the condition removed relating to “Restaurant Layout –
Except when a pre-arranged function is being held, at all times when open for trade the
premises must be set up as a restaurant with tables and chairs and meals must be made
available;.”
This condition proved difficult towards the manner of trade as it was identified by WA
Police in their Section 64 application dated February 2019, and hence our application to
have it removed in order to focus on our services and also so as not to possibly offend.
WA Police themselves confirmed our manner of trade where they correctly identified that
we offer various events attracting differing demographics.
1.5 Previous Interventions
On making this application we have considered WA Police’s previous interventions. We
would like to clarify these are no longer relevant and obsolete, due to change of
management, operating procedures, and some interventions spanning 2.5 years back. As
evident by the venue’s clean record for past 1.5 years, amounting to zero infringements.
- We note to this regard that WA Police claimed that should the (previous
application) have been accepted that (para 96) “it would be inconsistent with other
decisions made by the Director for similar applications.” We would argue that to
set such a definitive boundary for the Director to make fair and calculated
determinations would defeat the intentions of the legislation and this is supported
in the Decision made ( A000225113 ) by the Director where (para 27) it is advised
that “Ultimately, in determining whether the grant of an application is ‘in the
public interest’ I am required to exercise a discretionary value judgment confined
only by the scope and purpose of the Act.”
- As to the above extract, WA Police themselves have identified probative evidence
as to the public interest when in their attempts to pursue the Director to refuse the
previous application, suspecting that the premises was (possibly) overcrowded
with the dance floor being full is direct evidence of our customers’ demand.
- Additionally, paragraph 11 in LC35/2018 determination submitted by the
applicant that the grant of the licence would provide employment opportunities for
residents and this was not challenged. The Commission continued at para 60
where unlike WA Police’s assessment, they not only considered the potential
negatives but they also considered the potential positives of the matter; “The Act
does not envisage or require that the grant of an application should not result in
any increase in harm or ill-health in a locality or community, but recognises that
whilst an application might result in some harm and ill-health, the benefits to
consumers and the liquor, tourism and hospitality industries, and hence the
11community, of granting the application may outweigh the potential for such an
increase in harm and ill-health.”
- We would disagree with the WA Police in their previous intervention where it was
claimed that the petition was limited in that the favourable response of patrons (or
potential patrons) was not linked to identification of where they reside, or whether
they were workers within the locality (p74). The fact is that they were patrons (or
potential patrons) and hence customers seeking a requirement for services offered
that included refreshments. All part of the public interest at large. But regardless,
the CAS attached, now clearly resolves this difference of opinion.
- The Police Intervention on previous application referred to density of a high
concentration of liquor outlets. We submit that this reference is not specific to our
application, purely as it is not a grant of a new additional premises, but of the
extension of an existing licence.
- Further it was quoted (p.64 of the intervention) that violent crime, access to
alcohol outlets, and alcohol outlet density are associated regardless of licence type.
Therefore, this indicates a restaurant that may trade 24 x 7 being ancillary to
meals, and although a meal may be provided, there is always the danger that a
patron may consume excessive and irresponsible quantities of alcohol due to the
allowance of time and provision of own alcohol. This scenario is far from our
manner of trade with high door entry fees and prohibited cost of alcohol available.
- A comment made by WA Police also indicated a larger component of spending is
dedicated to marketing rather than Scantek, and the subsequent eradication of poor
behaviour. This comment is unfounded as the profit and loss statements may
indicate a larger expenditure on marketing, however this marketing cost covers a
plethora of services provided by the promoter – including all running costs for our
events, DJs, entertainment, photographers, door staff, graphic design, and
production crew. All services are covered under this one umbrella cost.
122. PUBLIC INTEREST
2.1 Customer Assessment Survey, Summary
A general Survey was posted on the social media and other associated venue channels,
allowing the general public, and existing customers to respond.
Over a one-week period 587 respondents provided their feedback, and the full CAS
details have been included in Appendix A of this document, along with a spreadsheet of
all responses.
• Approximately 68% of customers are aged 22 years and above; indicating a more
mature customer base;
• With customers traveling as far north as Yanchep, and as far south as Baldivis to
attend events at the venue;
13• Approximately 85% of customers enter the venue after 10pm; meaning they are
not left with enough hours of trade to fully make use of their attendance;
• Greater than 98% of patrons surveyed indicated they would remain at the venue
until 2:30am should the extension be granted, rather than leave and migrate to
another venue at 1:00am;
14• The attendance figures show that approximately 49% of our customers attend at
least once a week, with another approximately 23% attending on a fortnightly
basis;
• The most frequented evening is Saturday night; closely followed by Friday and
Thursday in decreasing popularity;
• Unfortunately, due to the current pandemic the reality of Thursday nights as being
a heavily frequented evening, was not reflected by the results of this survey. At the
time it was undertaken, only 28% identified this as their preferred night, normally
we expect this would be twice this amount as a significant proportion of the
patrons frequenting this night are tourists, backpackers, and international students
who have left the state due to Western Australia’s hard border closure;
15• As the venue is in Northbridge, which is somewhat falsely portrayed as an unsafe
area, when asked the question “do you feel safe at Butterfly 73?” less than 1%
responded with “NO”;
(The above question pre-filled the name of the respondent, as indicated by “Patron’s name” above – see attached CAS Microsoft Excel
spreadsheet for complete details).
• The main attraction to the venue is music and closely followed by the venue itself
with services and entertainment / dancing following;
• As stated earlier our customers wish to remain in our venue rather that traversing
to another licensed premises. The survey shows that 85% of respondents seek out
other venues after our current 1.00am closing time and this indicates greater foot
traffic in the Northbridge area with potential for greater disturbances to the
community;
Finally, an average 9.3 out of 10 was indicated by respondents when asked whether the
venue would be recommended to friends. 10 indicating they would 100% recommend the
venue, and 0 indicating not at all – the majority indicated they would 100% recommend;
16(The above question pre-filled the name of the respondent, as indicated by “Patron’s name” above – see attached CAS Microsoft Excel
spreadsheet for complete details).
2.2 Objectives
Below are the primary objectives in line with the public interest.
• As the venue is located in the heart of the proposed Northbridge’s Special
Entertainment Precinct (as per Section 1.1.3 of this document). This venue will
bolster City of Perth’s vision in creating a future tourist, and vibrant nightlife
precinct. With Butterfly 73 providing a much diverse and required service.
• To ensure the safe departure of patrons over a staggered time, rather than 300+
patrons that frequent our venue, all exiting the venue and walking the streets of
Northbridge collectively. Longer trading hours will allow for staggered exit times
and also a reduction in noise pollution.
• To be able to provide a variety of entertainment based on customer requirements
whilst also respecting the local amenity and ensuring the responsible consumption
of alcohol.
• To be able to provide all associated entertainment for our clientele as past trade
has seen customers demand for certain times and certain themes, i.e. general social
nights, or specific functions.
• To have in place one on-going / fixed extension Permit to allow for a set standard,
certainty in trading hours, and a known pattern of trade. This would provide an
assurance of trade times, which in turn allows for future planning and
preparedness as opposed to frequent one-off applications and grants.
17• Alleviate any uncertainties and or ambiguities to all stakeholders such as WA
Police and City of Perth, the trading times to be well known and easily considered,
placing greater emphasis on understanding and compliance.
The following documentation aims to provide a balanced viewpoint of the possible
benefits of allowing our venue an on-going fixed trading extension, along with addressing
any perceived negative impact to the community.
2.3 Section 38 Submissions – Public Interest Assessments
The application has been considered with the primary and secondary objectives of the
Liquor Control Act and the best interests of the Public have been considered in providing
a fully functional ‘entertainment’ venue to further cater for the proposed extension of
hours.
We as the applicants understand the responsibilities of a licensee and are totally
committed to establishing a safe and responsible venue. With a primary focus on
providing an interesting, unique, and quality offering that meets community standards that
will provide an additional and different service as compared to the general Northbridge
zone. Unlike other taverns or small bars.
Harm minimisation will be managed and has been exercised on the premise, and to the
immediate and broader community, by recognising and mitigating any possible harm.
The Public Interest Assessment as set out in the Licensing Authorities guidelines has also
been utilised for this application and as part of some considerations the possible Harm or
Ill-Health / Risk Assessment is further considered.
From within the venue the fact that the greater part of customer trade is based on well
mature adults, and this is proven in the statistics drawn from the CAS included.
The past one off ETPs approved have proven that the people that live & work nearby have
not been negatively impacted. Proof is that no formal section 117 complaints have ever
been made.
The style and manner of our trade has only improved over time, several factors have been
at play, including adding experienced staff, and the inclusion of CCTV and Scantek as
directed by the Directors delegate in the decision issued 15 August 2019.
Prior to the implementation of Scantek identification system, an unfortunate incident
occurred where the Police officially warned a juvenile who successfully mislead our
security staff by appearing and presenting false identification and deceitfully gained entry.
Since the installation of Scantek as a security measure, juveniles and patrons holding false
identification have been deterred from entering the venue.
Having devices that assist the stakeholders is positive, in the event of any unpleasantries,
we as licensees have no reservation on banning troublesome patrons such as the situation
described above.
18Another factor which promotes our adherence and desire for a safe environment for
patrons, while furthering the development of the liquor and hospitality industries is the
past dealings with WA Police and Licensing. Where following some incidents at the
venue, licensing imposed further conditions of CCTV implementation and the use of
Scantek for all incoming patrons.
We make it known that as a professional unit we strive to provide a good service for our
customers, ensuring our level best to comply with all relevant authorities.
The use of the premises for such a licence is consistent with the planning principles of the
local government authority, the City of Perth who have not intervened into any of our past
applications for one off ETP’s.
Assessing both the negatives and the positives our application falls within the parameters
of Section 5, where it is important that the licensing division regulate the industry but at
the same time allow for the requirements of the general public and our specific customers
to facilitate the use and development of licensed facilities generally.
By having the availability of extended hours to avail our services, the venue and
management team are in a position to provide for those facilities subject to strict
conditions.
2.4 Previous ETP Submission
Regardless of the commercial effect the restrictions had due to the recent pandemic, we
are confident that trade will continue as the venue is best known for its entertainment
style. With the possibility of the current ETP being extended beyond 1:00am, we are
confident and have proven that our customers will appreciate the further entertainment
times.
Past ETP’s / Add Vary applications for one-off occasions have been applied for all
relating to Sunday night, i.e.
• June 11, 2018: Refused
• September 30, 2018: Approved to 2.00am
• October 27 & 28, 2018: Approved to 2.00am
• March 3, 2019: Sunday: Approved to 1.00am
• April 21, 2019: Sunday: Refused
The above events have served as indicators as to the venue’s manner of trade, its
customers requirements, and how it would operate should the extended trading hours be
granted.
Thus, we have proven that 2.00am is valid to our cause, and with approval if alternative
hours are allowed, the necessity to continue making further one-off applications and then
having them administratively processed may cease.
Butterfly 73 does not hold a nightclub licence, and nor does it seek a nightclub licence, as
a nightclub licence allows for trade to 5.00am, and we do not wish or have any need to
trade to these times, as our customers choice times are late mornings, but not very late
mornings.
19The two refused applications were based on advice that the legislation had been amended
in 2015 to allow for the additional hours of similar taverns from 10pm to Midnight,
removing the need to make further applications to trade past permitted hours.
Based on this notification for Sunday matters there would be little worth in considering
making any application to trade outside of the permitted hours as allowed from 2015
onwards and this would fall contrary to the intentions of the legalisation as allowed by
Section 64 and effectively negate Section 60 as it clearly allows for applications to be
made and considered for trade outside of the prescribed times and those applications then
shall be assessed on their individual merits as per the provisions of Sections 16 and 33.
Proof in point is that before and after the two refusals, four Sundays were applied for
relating to Public Holiday weekends and all thankfully approved with three of these days
being approved to 2.00am.
We only seek what is specific to our manner of trade, and target base, as per the
application and no more.
It is generally taken on the face of most applications that harm will invariably occur but
this can only be substantiated that any increase in the level of harm may result until such
time that (an applicant) can show they are capable of holding a permit; and this has been
done with the one-off permits executed in the past.
Also, with a fixed conditional ETP an easy forecasted standard can be applied, and all
customers, and for that matter stakeholders too, will be informed and prepared to honour
the set trading times.
Further to the manner of trade, the dress code is smart casual as the theme only promotes
a mature more responsible person.
203. Harm or Ill-Health
3.1 Policy Guidelines
The following may be considered when determining an application as to the possibility of
any Harm or Ill-Health that may occur to any persons. The possibility of any adverse
effect that may impact the amenity and involve any people who may reside or work within
the local proximity of the venue, and if any offence, annoyance, or disturbances, are likely
to occur.
Potential negatives are always considered but conversely, they may be converted into a
potential positive.
As an example, with Scantek in operation, any barred persons would be detected and
should valid identification not be provided, the offender’s entry will be prohibited and
hence no adverse incidents recorded.
Unfortunately, there is always the possibility of infrequent cases whereby, for example, a
female may appear well over 18 and her photo ID bears a strong resemblance, but the
reality is that she is not of age. This is an example where a licensee has taken normal and
firm measures but unknowingly a breach as occurred. Most situations such as this type are
found by police as it is common for patrons to openly deceive staff, but uncommon for
them to attempt to deceive Police, for obvious reasons (as proven by the incident
previously described).
Although a breach has occurred it is our view that this is where the Police should consider
action against the instigators and work with the licensee upon satisfaction that the licensee
acted diligently and as best as can be expected.
Section 38(2) of the Act requires us, as the applicant, to satisfy the Director of Liquor
Licensing that the granting of the licence is in the public interest.
It shall be the intent of management to ensure all aspects as expected by community
standards are adhered to, and within a controlled environment. Regulated by a number of
different agencies in addition to the licensing authority, and the staff and management
(having) been trained, would greatly assist in any potential adverse outcomes being
appropriately addressed.
Section 38(4) of the Act further provides that the matters the Licensing Authority may
have regards to in determining whether the granting of an application is in the public
interest.
This includes the potential of the possibility of harm or ill-health increasing (primary
object) that might be caused to people, (including the individual him/herself) or any group
of people, due to the use of liquor.
As provided for by Section 37(3) of the Act, additionally the impact on the amenity of the
locality in which the licensed premises, or proposed licensed premises are, or are to be,
situated & whether any offence, annoyance, disturbance or inconvenience might be
21caused to people who reside or work in the vicinity of the licensed premises or proposed
licensed premises.
Additionally, primary objects of the Act (S.5) must be considered.
• to regulate the sale; and supply of liquor; this is met by a number of conditions
that have both been imposed on the current licence and the current ETP.
• to regulate the consumption of liquor; the premises is well staffed and supervised
by trained experienced members including personally by Directors of the
Licensee.
• Currently we have 6 Approved Managers and each night a minimum of 2 are on
duty and on busier nights there are up to 4. By means of example, one incident
recorded on the Incident Register earlier this year is where a female patron was
observed to be approaching signs of unacceptable intoxication, and after midnight,
she was with courtesy escorted off the premises.
• to minimize harm or ill-health; this is adhered to, as recent one off ETP’s granted
are conditioned to providing non-alcoholic drinks and low strength beers etc.
• to cater requirements of consumers is exactly what the application relates to as
proven by success of the one off ETP’s continually granted.
• the proper development of liquor industry is of paramount importance to licensees,
as to degrade or lower the standard would be contradictory to economic motives.
• the proper development of tourism industry is an important objective of the
venue’s stakeholders. The venue does support tourists, but its overwhelmingly
frequented customers are local, which at times may bring a visiting friend / tourist
/ relative to our venue.
• The proper development of the hospitality industries is supported in the venue and
any other in the locale, to trade according to community and regulatory standards
and to this end our venue continues to make improvements when necessary. One
example of this because of one regrettable incident in Sept 2018 where we were
issued a Smoking Infringement.
3.2 Responsible Service of Alcohol
The venue has demonstrated good behaviour since operation, minimising any possibility
of harm to both customers and the environment through the consumption of alcohol.
If this assumes that 100% of patrons consume liquor it is plausible that in effect, there
would be further consumption of liquor by the customers having the extra time available.
But as the CAS attached showed that by leaving the venue early at 1.00am most of our
customers (85%) seek alternative licensed premises to continue their nights entertainment,
and hence the consumption of alcohol continues regardless. But only in a different venue.
This is where the lock-out provision has maximum effect.
22Throughout every aspect of planning and development harm minimisation has been a
priority, and based on the manner of trade, possible harm, or ill-health would always be a
factor for consideration but be less likely considering the entertainment offered.
Past ETP’s as one-off’s approved have limited the range of alcohol particular to drinks
that may encourage rapid consumption, e.g. no jugs, low-strength liquor, and nonstandard
drink sizes prohibited.
We acknowledge that there is (as in most areas) existing alcohol harm in the area but
when considering the true theme and manner of trade which would be on offer to the
community, any possibility of increased harm would be slight considering the onerous
conditions imposed in the past via approved one off permits. Also with the new conditions
imposed on the actual License itself.
To this regard it has been recognised that most patrons turned away will find alternative
venues to visit as precedent has seen therefore the reality is our customers would be much
better housed in the venue of their choice; either voluntary or by lock-out.
3.3 Offences & Anti-Sociable Behaviour
In any licensed venue as well as our own, it is always possible that some offence or
disturbance may occur, and Northbridge has been recognised of having alcohol related
harm over the years.
This would be difficult to police when considering early signs of intoxication but easy to
detect on more obvious signs when a patron is drunk – common sense and good
management would dictate action prior to a patron reaching that stage.
It would be obvious to state that management in no way support any person driving a
vehicle whilst intoxicated.
Excessive consumption which leads to severe intoxication is a role for staff, to be vigilant,
in ensuring excessive consumption does not occurs. Regardless of what time a patron
chooses to visit the venue, they are always scrutinised as to their level (if any) of
intoxication.
Experienced staff may identify a patron’s behaviour where it is necessary to prevent a
‘drunken’ state, which is where likely untoward behaviour occurs, and thus request the
patron to either leave or consume alternative beverages.
Anytime our security personnel suspect an intoxicated patron attempting to enter the
venue, we file and maintain a detailed incident report. Security personnel are regularly
trained and understand the importance of filing these reports.
It should also be considered that depending upon the individual level of alcohol tolerance,
each person’s level of intoxication will be of a varying degree, and depending upon their
experience with alcohol, it is not necessarily the case that large amounts of alcohol have
to be consumed in order to be visibly affected. Staff are aware of this and across the board
remain on alert for all signs.
23This we would see as good practice as it prevents breaches relating to being ‘drunk’ and
also promotes the consumption of non-alcoholic drinks if a patron wished to remain on
the premises.
Possible assaults due to customers being affected by alcohol, either on premises or nearby,
and early intervention would identify a suspected intoxication, and more importantly, a
suspected drunk, and this is where staff exercise diligence.
Possible damage by customers is another scenario that may have some adverse impact
towards the social evening and if damage is caused by a drunken person then management
will have to assume responsibility whether it is inside the venue or within the vicinity or
proximity of the venue.
Again, the reality is that regardless of how diligent we are some irresponsible patrons will
deliberately and cunningly place us in the unfortunate position of being held responsible
for their reckless actions. The Smoking Infringement is just one such example.
As mentioned previously this is where licensees and police should work together and
stamp this reckless and carless behaviour out by consideration of Barring Notices or
Prohibition Orders.
In addition to these forms of deterrent, it is noted that upon making an application late
2017 for additional (ongoing) hours, WA Police intervened (22/02/2018) and standard
submissions were made opposing the possibility of additional hours, mostly based on the
area itself with supportive information being drawn to ‘Move on Notices’ issued in
Northbridge between 2015 and 2017.
Police statistics supplied, show a total of:
• 866 move on notices over the 2015-2017 for the period between midnight to
1.00am
• with a slight rise of approximately (*) 4% for the consecutive period between
1.00am to 2.00am,
• then a significant decrease of * 20% for the 2.00am to 3.00am period, and,
finally another * 20% decrease between 3.00am to 4.00am.
The figures clearly demonstrate a significant reduction in police intervention between the
hours of 2.00am to 4.00am and if the intention of the notices issued is in support of the
level of crime in the area, then this is contrary to their claim (para 66) that a proposal to
trade between 2.00am to 3.00am has the most associated risk.
Preventative supervision is in place to prevent possible stealing of liquor, as aside from
the fact that it is a serious offence, it may have ramifications when the product is used
within the venue irresponsibly.
Noise and annoyance to passers-by is always possible but the manner of trade will
minimise this possibility with immediacy and past proven uses in all current and one off
ETP’s has shown no problems to this regard.
Although possibly considered at the lower end of the scale, damage by way of littering is
a possibility as some patrons can or may act irresponsibly either on the way home or
moving on to another licensed venue and thus a lock out provision as utilised in one off
24ETP’s has proven effective. This also supports the application by applying for the
alternative hours to limit the ‘roaming’ patrons from one venue to another.
As mentioned earlier, the greater part of the market trade for additional hours is targeted
towards the entertainment with music or a specific event.
Disturbance could be considered in similar context as all the above and also noise could
be considered as a possible disturbance but within the venue much of any noise is
contained within. There is generally a level of normal noise on the street with passing
trade and vehicles.
Concerns of disturbance are proactively monitored as it would not only be a concern for
the immediate community, but also a concern for the venue’s reputation. Any incidents
affect on-going business, as the venue is promoted as a safe and friendly environment
providing a full service of entertainment and any adverse or nasty behaviour would shine
a negative light towards the venue.
The services of liquor under the permit and short time frame of customers either attending
or staying on would self-regulate behaviour and therefore limit any real chance of any
possible disturbance.
Lock outs are imposed on the current permit and have also been imposed on the approved
one-off permits and to this date have been (in our view) effective.
Condition 2.2 of the current Permit states; “Persons (other than) an ‘authorised person’ are
prohibited from entering or re-entering the license premises 30 minutes prior to the close
of trading prescribed on the permit. “
There are signs in place at exit and entry points, and staff advise all patrons that enter after
midnight of the conditions. It is well understood and enforced and in its generalised
terminology may be continued with the additional hours sought.
3.4 Northbridge – Crime
Northbridge crime statistics referenced below indicate that offenses have increased in
Northbridge over the past few years.
However, it requires clarification that fraud, drug offences, and stealing comprise 73.4%
of all offenses, and it can be argued that these types of offences are unlikely to be a result
of licensed premises and patrons attending a licensed premise. Assaults and property
damage comprise 17.6% of all offenses, are more commonly known to be associated with
the consumption of alcohol from attending a licensed venue.
Damage and assaults have been less than ever since 2010 (as seen in table above) and are
lower than the previous year.
Additionally, the population increase should be considered when attributing statistics of
most matters to an area, and in the case of Northbridge the percentage increase of
population (from 2011) of males and females is significant.
25Source: WA Police Crime Statistics https://www.police.wa.gov.au/Crime/CrimeStatistics#/
26Below, Northbridge is compared to Perth itself.
Source: WA Police Crime Statistics https://www.police.wa.gov.au/Crime/CrimeStatistics#/
The Police report (as below) continues to show that Northbridge has turned for the better
with the main concern continuing to be associated with drugs.
“But Northbridge has been one of the notable suburbs to record a drop in crime.
A decade ago (2007), 3,546 charges were laid. Last year (2017), there were only 2,445.
This downward trend had already started when then-premier Colin Barnett controversially
said in 2009 he wouldn't take his family there for dinner on a weekend.
Offences in Northbridge hit their lowest point in 2012-13, the year the first full fringe
festival was held.
Drug offences have pushed charge numbers upwards in recent years, but statistics suggest
Northbridge has become a much safer place than it used to be.”
Source – ABC Crime Profile of Every Suburb (https://www.abc.net.au/news/2018-02-17/crime-data-for-every-perth-suburb-revealed-
by-wa-police/9447642?nw=0)
More particular to this matter, alcohol is to be considered, and some crime statistics are
available in this regard.
3.5 Police
Main Police Station: 2 Fitzgerald Street Northbridge.
3.6 Risk Assessment
Risk assessment is always considered and hence the planning of staff and their duties and
guidelines set by the house Harm Minimisation strategies.
27The primary purpose of the venue is to provide entertainment (as additionally sanctioned
by the City of Perth), and again as supported by Licensing by having a condition removed,
to allow for this along with our usual service offerings. This application is requesting for
this offering to be extended on popular nights so as to satisfy the requirements of our
customers on various entertainment evening.
Refer to Licensing Approval Ref: A890500234, 10 March 2020, where the past condition
relating to ‘Restaurant Layout’ incorporating tables, chairs and meals was removed.
No juveniles are allowed entry regardless of what entertainment is being offered and this
serves as a firm blanket ban, where there can be no misunderstanding, for all staff, team,
and management.
We feel our venue is unsuitable for juveniles and thus they are not marketed to, and also
this is in conflict with our Scantek condition when trading after 8pm.
The risk assessment is not high, and regardless, alcohol consumption is and always strictly
monitored. As previously stated, proven by the diligent work undertaken by patrolling
staff and by the licensees as well, controlled and suitable consumption is managed.
Additional strategies such as serving non alcoholic drinks and providing ready access to
free water as per regulated requirements beneficially reduce the possible risk of any harm
occurring to any person.
3.7 Alcohol Associated Deaths
28Source – Australian Bureau of Statistics
(https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/3303.0~2017~Main%20Features~Deaths%20due%20to%20harmful
%20alcohol%20consumption%20in%20Australia~4)
The above statistics indicate that Western Australia averages (4.1) at the very lower end of
the rate only to be rated second to Victoria’s average of 4.
Despite all the statistics offered it is accepted that there is crime with alcohol and it is also
accepted that there is a possibility that that level may increase with additional sales of
alcohol, but it is our contention as stated earlier that regardless of what time it may be,
29patrons are continually checked as to their behaviour and sobriety and shall be refused
entry or service at any and all times if necessary during trade.
Also noteworthy in the above statistics is the reduction in overall alcohol-induced deaths
and the very small rate below the ages of 34 years. As indicated in CAS attached, this is
predominantly our venue’s age demographic.
Knowledge of some licensed premises trading after midnight supports the view that late
trading in Northbridge, or for that matter, other recognised high-profile areas needs to be
supported. We would ask consideration based on the reasoning in part given by the WA
Supreme Court 208 of 2015, Carnegies where it was held (p46) that;
“It is not sufficient to simply reason that where there is already a high level of harm in a
particular area, even a small increment in potential or actual harm may be determinative,
without making specific findings on the evidence about the level of alcohol related harm
which is likely to result from the grant of the particular application. Those findings about
the effect of the particular application must be the basis on which the Commission
evaluates what is in the public interest.
P.47 To proceed in the way the Commission did in this case is to fail to determine the
application before it in accordance with the Act.”
This resonates with the Act itself where each application should be considered in its
individual merits as associated to the unique offerings of that premises.
3.8 At-Risk Groups
Groups ‘at risk’ as listed in the suggested guidelines, may be commented on as
below.Persons appearing and or under the age of 18 are actively monitored, as our venue
has taken aggressive measures to prevent entry where applicable to minors, any possible
alcohol consumption, or for that matter even possession.
The average age of our customers as shown by the survey is between the ages of 18 to 29
and accounts for 83% of our target trade.
Acceptable identification is enforced, and additionally since the implementation of
Scantek identification system, it assists greatly in enforcing the physical verification of
youth masking as adults.
In our venue’s case, with the implementation of Scantek and CCTV, as WA Police have
confirmed, it will deter any attempts of fraudulent identifications. This form of
surveillance and security is bolstered by security personnel, internal managers, and other
trained staff.
3.8.1. Indigenous Communities
The venue does not have many indigenous groups attend, or any other ‘at risk’
communities, as the style of trade heavily leans towards Asian and ethnic groups due to
the choice of music and performances.
303.8.2. Childcare Centres
We are mindful of any impact to childcare centres listed in section 3.9 below, however
recognise it is unlikely they will be impacted as the venue typically does not trade until
6pm.
3.8.3. Tourist
No detrimental impact perceived as Northbridge is a tourist hub, being a prime
entertainment area, and the facilities on offer resemble National and International
standards proven by our strong loyal customers.
But tourists are not significant to our customers base, as indicated by the survey, where
88% are shown as being a resident of Australia.
3.8.4. Families
Generally, very rarely, family groups use our facilities as it is not designed or targeted
toward that demographic, or to suit that manner of trade. Having stated this, when certain
shows are performed, there is attendance of large family groups, e.g. the latest live
comedy event.
3.8.5. Non-English-Speaking Persons
Any persons that may not fluently speak the English language are typically tourists; and
are again most times in the company of local members who may be hosting a night’s
entertainment. By example, the Latin nights (hosted on Thursday evenings) may see
friends or family members visit Perth and thus partake in our services.
3.9 Institutions Recognised In Locality
Our venue’s services are predominantly after close of business hours; therefore it can be
little cause for concern of any possible interruption for Cultural Centres. However a
mindful approach is employed at all times abiding to all rules and policies.
The State’s key arts, cultural and educational institutions reside within the Perth Cultural
Centre, these include:
• Art Gallery of Western Australia
• Western Australian Museum
• State Library of Western Australia
• Perth Institute of Contemporary Arts
• Blue Room Theatre
• State Theatre Centre of Western Australia
• Central Institute of Technology
• State Records Office
• Perth Cultural Centre – James and William Streets
• Stanley College
Places of worship include:
• Greek Orthodox Church: Cnr Francis & Parker St Northbridge
• St Brigid's Church: 69 Fitzgerald St Northbridge
• Perth City Church: 12 Lake St Northbridge
• Perth Mosque: 427 William St Northbridge
• Perth Fortress Salvation Army: 333 William St Northbridge
31• St George’s Cathedral: 38 St Georges Terrace Perth
• Sisters of Mercy: 60 John St Northbridge
• Chua Chanh Giac Temple: 45 Money St Perth WA 6000
• Perth Baptist: 10 James Street Perth
• Uniting Church in the City: 97 William St Perth
Childcare Centres include:
• Buttercups Childcare
• AIWT Northbridge
• The Learning Sanctuary King
• City Place Childcare Centre
Short term accommodation/refuge for young people include, and:
• St Bridget’s Convent of Mercy
• 60 John St Northbridge
Hospital & drug/alcohol treatment centres include:
• RPH: Wellington St Perth
• Northbridge Medical Centre: 154 Newcastle St, Perth
• Women’s Health and Family Services: 227 Newcastle St Northbridge
• NA Northbridge Addiction Treatment Centre: 7 Aberdeen Street, Perth
324. Impact On Amenity
4.1 Northbridge Demographics
When considering the demographics, the uniqueness of the venue is to be considered as
opposed to other premises in the vicinity that have a varied manner of trade.
Source: Australian Bureau of Statistics 2016 Census
(https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC51149)
2016 Census shows Northbridge having a population of 1300 with males slightly the more
populated sex.
Interestingly, the medium age is 31 years, which exceeds the minimum drinking age by 13
years, and our survey supports this finding showing that 83% of respondents are between
the ages of 18 to 29.
Further information from City of Perth forecast statistics indicates the following:
“The 2017 population forecast for Northbridge is 1,456 and is forecast to grow to 1,760
by 2036”.
Source: (“https://forecast.id.com.au/perth/about-forecast-areas?WebID=140.)
This forecast when compared to the 2016 census predicts a population increase of approx.
35% to the year 2036.
334.2 Socio Economic Level
Socio Economic Indexes for Areas (SEIFA) for City of Perth, linked below. A relative
index of socio-economic disadvantage and/or advantage is developed based on a range of
Census characteristics.
A higher score on the index means a lower level of disadvantage. A lower score on the
index means a higher level of disadvantage. It is important to remember that the scores are
an ordinal measure so care should be taken when comparing scores.
In 2011, the City of Perth scored 1,062.7 on the SEIFA Index of Disadvantage scale
showing 14th on the list ranging from 1126 at the highest to 597 to the lowest
(disadvantaged) and about 124 other locations below Perth (including Northbridge) with a
lower scale placing Perth in the top advantaged quarter.
Source: Australian Bureau of Statistics (https://profile.id.com.au/perth/seifa-disadvantage) 2016.
4.3 Amenity & Atmosphere of The Area
Amenity is controlled to ensure no noise or anti sociable behaviour is propagated in the
area in general.
The premises are designed for social entertainment and in addition to the style and the
manner of trade it is near impossible to think the venue will become an attraction for
serious or significant crime.
Invariably there will be some noise from customers leaving as this is normal for any
venue, and there may be queues on most nights of operation, but regardless their exiting
behaviour shall be monitored.
34Customers that leave our venue may be locals on foot, or visitors that have driven from
further destinations (as further elaborated on the excel spreadsheet.)
Either way locals on foot will not want to create any disturbance, as it is within their area
of residence, and other groups will be driving having parked their vehicles within the area
or in public car park facilities.
By being able to trade at staggered times we would assume that the patrons leaving our
venue will not contribute to the greater mass of patrons leaving other licensed venues all
at the same time. This will assist in taxi availability, reduce clusters of traffic at one time,
and pedestrian congestion in the area.
4.4 Existing Licensed Premises
There are many licensed premises in the Northbridge zone, but each venue has its own
unique style of trade.
The licensing web site shows a sorted difference of licensed premises in the area and more
specific the Taverns and Tavern Restricted Licences are as listed below.
The below are a list of taverns within the locale that have opening hours beyond midnight:
Coconut Grove Tavern 161 James Street NORTHBRIDGE WA
Aberdeen Hotel 84 Aberdeen Street NORTHBRIDGE WA
Rosie O'Grady's Pub 203 James Street NORTHBRIDGE WA
An Sibin Pub 147 James Street NORTHBRIDGE WA
The Brass Monkey 209 William Street NORTHBRIDGE WA
Never mind Small club 108-114 Aberdeen Street NORTHBRIDGE WA
Butterfly 73 73 Francis Street NORTHBRIDGE WA
Northbridge Brewing Co 44 Lake St NORTHBRIDGE WA
The William Street Bird 167 - 181 William Street NORTHBRIDGE WA
Universal Bar 221 William Street NORTHBRIDGE WA
The Rechabite 224 WILLIAM STREET NORTHBRIDGE WA
Henry Summer 69-71 Aberdeen Street NORTHBRIDGE WA
4.5 Density
Density has some relevance but considering that the licence already exits, it could be more
pertinent towards departure times from licensed premises as it is desired that departure
times be staggered in order to ameliorate dispersion factors.
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