Liquorland Whiteman Edge - Public Interest Assessment Submissions Application for conditional grant of a liquor store licence - Department of ...
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Liquorland (Australia) Pty Ltd
Liquorland Whiteman Edge
Public Interest Assessment Submissions
Application for conditional grant of a liquor store licence
Public Interest Assessment Submissions
86117857.7 Liquorland Whiteman Edge page 1
1 Executive Summary
Contents
1 Executive Summary 4
1.1 Grant of licence is in the public interest ..................................................................... 4
1.2 Local packaged liquor requirements cannot ‘reasonably’ be met by existing
packaged liquor outlets .............................................................................................. 5
2 Application details – background and details 5
2.1 Applicant name .......................................................................................................... 5
2.2 Application ................................................................................................................. 5
2.3 Premises name .......................................................................................................... 5
2.4 Address and location of proposed premises ............................................................. 5
3 The Proposed Store 6
3.1 Nature and character of Locality ................................................................................ 6
3.2 Services and facilities of Store ................................................................................... 7
3.3 Theme and décor .....................................................................................................10
3.4 Proposed manner of trade .......................................................................................12
3.5 Target client base ....................................................................................................13
4 Other packaged liquor outlets in Locality 13
4.1 Location of other operational retail premises ...........................................................13
4.2 Outlet density ...........................................................................................................14
5 Evidence of consumer requirement 14
5.1 Purchasing habits and visitation patterns ................................................................14
5.2 Use of Store .............................................................................................................15
5.3 Support for the proposed Store ...............................................................................16
5.4 Important aspects of the Store .................................................................................17
5.5 Local packaged liquor requirements ........................................................................18
5.6 Benefits from the Store ............................................................................................18
5.7 Concerns ..................................................................................................................18
6 Section 36B(4) 19
6.1 The test under s36B(4) ............................................................................................19
6.2 The locality ...............................................................................................................20
6.3 Local packaged liquor requirements ........................................................................20
6.4 Packaged liquor services currently provided by existing premises in the locality ...20
6.5 Existing packaged liquor premises cannot reasonably meet the local packaged
liquor requirements ..................................................................................................21
6.6 Conclusion in relation to s36B(4) .............................................................................21
7 Objects of the Liquor Control Act 22
7.1 Primary objects ........................................................................................................22
7.2 Secondary objects ...................................................................................................23
8 Public interest benefits and considerations 24
8.1 Benefits to the community and the public ................................................................24
9 Harm or ill health: section 38(4)(a) 26
9.1 Communities and sub-communities.........................................................................26
9.2 Social health indicators ............................................................................................27
9.3 Conclusions on socio-economic status of Locality ..................................................30
9.4 Harm minimisation strategies ..................................................................................30
9.5 Sensitive premises audit and key stakeholder consultation ....................................34
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 2
1 Executive Summary
9.6 Conclusions regarding harm ....................................................................................35
10 Impact on amenity: section 38(4)(b) 37
10.1 Impact on amenity....................................................................................................37
10.2 Traffic and access ....................................................................................................37
10.3 Public transport ........................................................................................................37
10.4 Parking .....................................................................................................................37
10.5 Streetscape and atmosphere of the area ................................................................38
10.6 Noise and anti-social behaviour ...............................................................................38
10.7 Security of the area ..................................................................................................38
11 Offence, annoyance, disturbance or inconvenience: section 38(4)(c) 39
12 Tourism, community or cultural matters: section 38(4)(ca) 40
13 Conclusion 40
14 References 41
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 3
1 Executive Summary
1 Executive Summary
Liquorland (Australia) Pty Ltd (Liquorland) is applying for the conditional approval of a
liquor store licence (Application) at premises (Store) within the new Whiteman Edge
Shopping Centre in Brabham (Centre). The key aspects of the Application are as follows:
1.1 Grant of licence is in the public interest
Liquorland submits that the demonstrated benefits of the operation of the proposed Store
outweigh the minimal risks and that it is in the public interest for the Application to be
granted.
(a) As part of the Centre, the Store will:
(1) consistent with the contemporary expectations and standards of
packaged liquor consumers, provide one-stop shopping convenience
in conjunction with shopping at other retail outlets in the Centre,
including a Coles supermarket. Currently, residents of the Locality
need to travel to either Ellenbrook (to the north) or Caversham (to the
south) to access combined grocery and packaged liquor facilities;
(2) support the new Whiteman Edge residential development, which when
fully completed will service approximately 7,000 people living close by,
including nearly 3,000 residents already residing in the Whiteman
Edge residential development.1 As part of a District Activity Centre,
the Centre is intended to service a large catchment area including
new and expanding residential neighbourhoods;
(3) contribute to the amenity of the area, particularly by providing a focal
retail point for the local community and minimising consumer travel;
and
(4) enable residents who are patrons of Coles and Liquorland to shop
locally.
(b) The results of the DAA surveys are that a large majority of residents in the
Locality support the Store and would use the Store and the Centre regularly. A
large proportion of survey respondents indicated that they saw benefits arising
from the Store, mainly relating to convenience, and improved range and choice.
(c) Evidence from Coles Liquor’s State manager, and from various independent
experts, uniformly confirms that the grant of the Application would be consistent
with contemporary standards, expectations and shopping habits.
(d) The evidence indicates that the Locality currently experiences low harm levels.
As is elaborated on in the submissions below, Liquorland is confident that,
based on the evidence, if it is necessary to apply the Carnegies test at all
(which is disputed) the Store is unlikely to increase alcohol-related harm or ill-
health in the local community to unacceptable or undue levels. Even if any harm
does arise, Liquorland has store specific security measures and harm
minimisation policies to mitigate against the risks associated with the operation
of the Store.
1
https://www.stockland.com.au/media-centre/media-releases/stockland-receives-approval-for-whiteman-edge-town-centre-
development and Bodhi Report, p 22.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 4
2 Application details – background and details
1.2 Local packaged liquor requirements cannot ‘reasonably’ be met by
existing packaged liquor outlets
(a) Section 36B(4) of the Liquor Control Act (Act) requires the Licensing Authority
to be satisfied, in effect, that there is a local packaged liquor requirement (a
subjective matter) that cannot ‘reasonably’ be met by existing premises (an
objective matter which involves questions of what is sensible and moderate,
and is to be judged having regard to contemporary standards, expectations and
shopping habits, and the circumstances and evidence in each case).
(b) There is comprehensive evidence establishing a subjective consumer
requirement for this Store, and also, that such requirement is consistent with,
and reflects, contemporary consumer standards, expectations and shopping
habits.
(c) The objective element of s36B(4) is also satisfied, because there are currently
no existing liquor stores within the locality to meet local packaged liquor
requirements.2
2 Application details – background and details
2.1 Applicant name
Liquorland (Australia) Pty Ltd.
2.2 Application
Liquorland applies for the conditional grant of a liquor store licence at new premises in
the Whiteman Edge Shopping Centre to be constructed at the corner of Everglades
Avenue and Youle-Dean Road in Brabham.
2.3 Premises name
If the Application is approved, the Store will trade as Liquorland Whiteman Edge.
2.4 Address and location of proposed premises
The Store will be located inside the Centre, adjacent to the Coles Supermarket. The
Centre forms part of the Whiteman Edge Town Centre within the City of Swan (City) and
is in the metropolitan area for the purposes of the Act.
The Whiteman Edge Town Centre is designated as a District Activity Centre (DAC),
which is the third highest order of retail activity centre according to State Planning Policy
4.2. The town centre is intended to accommodate a range of development, including
shopping, community facilities, mixed-use commercial and residential development and
larger format shops.3
DACs are intended to service a population of approximately 20,000 to 50,000 people and
contain discount department stores, convenience goods, specialty shops, supermarkets,
2
Liquorland acknowledges that a liquor store licence has been conditionally granted for proposed premises located at 36
Repton Street, Dayton, trading as Dayton Liquor Store. However, this store is not yet trading.
3
MGA Report, para 5.3.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 5
3 The Proposed Store
office development and professional services. Packaged liquor is a convenience good,
suited to this level of the commercial hierarchy.4
3 The Proposed Store
Summary
The Locality is an outer metropolitan growth area, comprised of an established
residential area and new housing developments.
The Store is a convenience style outlet that will enable consumers to purchase
packaged liquor in conjunction with grocery items at the adjacent Coles
supermarket.
3.1 Nature and character of Locality
According to Attachment 2: ‘Specification of Locality’ to the Director of Liquor Licensing’s
Public Interest Assessment Guidelines, for the purposes of assessing the public interest
and impact on amenity the Store’s locality is, prima facie, the surrounding area within a 3
kilometre radius (Locality). The Locality partially or wholly includes the suburbs of
Brabham, Henley Brook, West Swan, Dayton, Bennett Springs and Whiteman (largely
uninhabited).
The Locality is entirely within the City of Swan, and located in the outer part of the Perth
metropolitan region. MGA notes that the Locality is within the Swan Urban Growth
Corridor and features land zoned for new residential development, which is continuing to
be developed as planned.5 The population of the Swan Urban Growth corridor is
estimated to double from 15,107 in 2018 to 32,334 by 2036. 6
The Locality population is also forecast to expand as a result of the planned residential
development. In 2016, the Locality had a population of 16,431, which is a significant rise
of 89% above the 2011 population.7 If the population has grown at a similar rate, the 2020
population is likely to be 28,137.8
The main trade area (MTA) for the store, as defined by Location IQ,9 extends south, to
the northern edge of the suburb of Caversham, east to include the suburbs of Herne Hill,
Baskerville, Millendon and Middle Swan, and north to the suburbs of Ellenbrook and
Upper Swan.10
The Store will assist to ensure that the growing population are able to avail themselves of
full consumer services in the Locality, including packaged liquor.
4
MGA Report, paras 5.4-5.6.
5
MGA Report, paras 6.8
6
MGA Report, para 6.9.
7
MGA Report, para 6.2.
8
MGA Report, para 6.2.
9
Location IQ, ‘Whiteman Edge District Centre, Perth, Retail Need and Sustainability Assessment’ prepared for Stockland,
February 2017, map 2.1.
10
MGA Report, para 4.3
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 6
3 The Proposed Store
3.2 Services and facilities of Store
The Store will be a browse only liquor store operated as a typical Liquorland store. The
Store will be located wholly within the Centre, adjacent to the Coles supermarket and will
have both an entrance from the mall area of the Centre and a de-wall entrance from the
adjacent Coles supermarket– with no direct external entrance.
The Store will have a footprint that is consistent with convenience packaged liquor outlets
of this nature and location, with a total licensed area of 211m2 comprised of:
selling area of 161m2;
cool room area of 31m2; and
stock area of 13m2,
as shown on the general layout plan submitted with this Application.
Importantly, for security reasons, the service counter will be in a position to allow team
members to have a direct line of sight and observe customers using either entrance. The
Store has also been designed to be uncluttered, which will allow team members
maximum supervision of the entire Store.
The location of the Store within the Centre can be seen on the centre plan below.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 7
3 The Proposed Store
The Store will be located near the entrance to the proposed Coles supermarket as
follows:
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 8
3 The Proposed Store
If the Application is granted, the Store will be operated by Coles Liquor as part of its
national, well-recognised chain of Liquorland stores.
Coles Liquor places great emphasis upon the provision of services for its customers in a
consumer friendly way that also enhances harm minimisation. The Store will have the
following facilities, which are common to Liquorland stores:
a good selection of beers, wine and spirits available at competitive prices;
a cool room, with glass door access, for the storage and selection of cold beers,
wine and ciders;
shelving, as used by all Liquorland stores, will line the walls and carry a wide
range of products;
display units, including for Liquorland advertised specials, which are located
within the floor display area;
a modern and customer friendly fit out, designed to allow for easy browsing and
selection of purchases;
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 9
3 The Proposed Store
multiple cash registers to accept purchases are present, with EFTPOS and all
major credit card facilities;
appropriate staffing levels are maintained to ensure a high quality service at all
times, particularly during peak trading periods; and
tasting sessions held in the Store.
The range of products has been specifically selected for the Store and the target clientele
of the Store, and will vary from time to time to reflect changes in demand.
The Store will carry Liquorland’s usual extensive range of beers, wine and spirits and
ancillary products such as low alcohol and soft drinks, ice, chips, nuts, chocolates and
cigarettes. Liquorland’s core range includes 377 products exclusive to Coles Liquor,
including 120 locally WA produced wines, 11 many of which are award winning.12 The
Store will also carry all advertised Liquorland specials.
3.3 Theme and décor
The Store will be fitted-out in accordance with Coles Liquor’s new and improved
Liquorland template which has been designed to enhance, in particular, shopping
convenience.
This has included designing the Store to minimise clutter, which will enable trolleys to be
navigated more easily.
Some of the other measures adopted to improve the consumer experience are addressed
below:
The aesthetic
appearance of the Store
will immediately be
recognisable as a
‘Liquorland’, easily
distinguishable from
other liquor stores.
11
Statement of Kristy Longford, para 19.
12
Statement of Kristy Longford, para 20.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 103 The Proposed Store
The new Store will
enable consumers
using the Centre to
shop at the Store
without needing to
leave the Centre
complex (the featured
picture is of the
Liquorland Bassendean
store).
The Store will have
remodelled signage,
allowing consumers to
easily identify where
their preferred varieties
of product are located.
The Store will also
feature Coles Liquor’s
remodelled beer and
cider fridge, which
allows consumers to
easily identify local and
international beers
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 113 The Proposed Store
The cool room at the
Store has been
specifically designed to
allow easy access and
navigation for
consumers with trolleys
as it features a wide
path and accessible
product lines
The Store will also
ensure that consumers
are aware of the
qualities of certain
product lines. For
example, certain wines
will have an ‘I’m loving
this one’ label, which
will both identify the
characteristics of that
line, as well as a food
recommendation.
Again, this performs the
dual role of providing
benefit to consumers as
well as promoting the
responsible
consumption of alcohol
through recommending
food types be
consumed with the
product line
3.4 Proposed manner of trade
The Store’s trading hours will be mostly aligned with the adjacent Coles supermarket,
which will trade as follows:13
13
Statement of Kristy Longford, para 58.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 124 Other packaged liquor outlets in Locality
Days Hours
Monday to Friday 8am – 9pm
Saturday 8am – 5pm
Sunday 11am – 5pm
Liquorland has applied for approval to trade during all permitted metropolitan liquor store
trading hours to cater for flexibility during peak trading periods, such as Christmas.
However, because it does not have an external entrance, the Store will be unable to open
at times the Centre is not trading.
3.5 Target client base
Liquorland’s customers are generally convenience shoppers who purchase alcohol as
part of their weekly grocery shop.
As part of this Liquorland looks to provide everyday value for its customers. This includes
providing value for individual items, like a single bottle of wine to accompany a meal,
rather than focussing on bundle buys or bulk purchases.
The internal fit-out of the Store has been specifically designed to enhance and increase
consumer amenity. Liquorland stores also cater for consumers who prefer to purchase
from a recognised, national brand outlet.
The target clientele of the Store, will be persons who buy liquor as part of their shopping
at the Centre, consistent with modern packaged liquor consumer expectations. The Store
will provide consumers with a one stop shopping option which is not presently available to
consumers in the Locality.
4 Other packaged liquor outlets in Locality
Summary
There are currently no active packaged liquor outlets in the Locality.
4.1 Location of other operational retail premises
The nearest dedicated packaged liquor outlets14 are Liquorland Caversham, located
4.8km to the south by road, and Thirsty Camel in Aveley, located 6.5km to the north by
road.15
14
While the Lavender Bistro has a tavern licence, it has no dedicated packaged liquor facility: see section 6.4 below.
15
MGA Report. Para 5.9
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 135 Evidence of consumer requirement
4.2 Outlet density
The Locality therefore has very low outlet density.16
5 Evidence of consumer requirement
Summary
The Store enjoys strong support from residents of the Locality.
A large number of residents of the Locality would use the Store regularly.
Respondents thought the Store would benefit both themselves, and the local
community.
Dr John Henstridge of Data Analysis Australia Pty Ltd , a mathematics and statistics
consultancy, was engaged by Liquorland to design and analyse surveys of residents in
the Locality. The surveys were aimed at assessing public support for the grant of the
application.
DAA engaged Thinkfield, an ISO 20252 accredited survey services company, to conduct
the surveys on its behalf. Thinkfield conducted 253 door-to-door surveys, the results of
which were analysed by DAA in their report entitled ‘Survey Concerning a Proposed
Liquorland Liquor Store in Brabham’ dated 13 July 2020 (DAA Report).
The results presented in the DAA Report show that residents of the Locality strongly
support the grant of the Application and believe that it would benefit themselves and the
local community. While the results in the DAA Report are relied on in their entirety and
are referenced throughout these submissions, the key results have been summarised
below:
5.1 Purchasing habits and visitation patterns
As the Centre is not yet open, the survey focused on respondents' expected usage of the
Centre and Store.17
(a) Frequency of packaged liquor purchases
Door-to-door
Purchased packaged 72%
liquor in last 12 months
Purchase packaged 53%
16
Even with the opening of the Dayton Liquor Store, the Locality will have low outlet density for the existing and projected
population.
17
DAA Report, para 29.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 145 Evidence of consumer requirement
liquor at least monthly
This suggests that there are a large number of regular packaged liquor
consumers in the Locality.18
(b) Likely visitation to the Centre
Overall:
79% of respondents across the Locality thought that they would use
the Centre at least weekly, rising to 92% for Brabham residents.
a majority of residents in Dayton also thought that they would use the
Centre at least weekly (62%), decreasing to 23% for residents of
Henley Brook,
reflecting a preference for the closest shopping centre to each suburb.
The survey data indicates that the Centre is likely to be heavily used by
residents in the Locality, particularly those residing in Brabham.19
Reinforcing this inference, a majority of all respondents (68%) would expect or
would want a liquor store in the Centre. This rose to 89% for purchasers of
packaged liquor. These responses indicate that most people believe that a
liquor store is one of the key facilities that a contemporary neighbourhood
shopping centre should have.20
5.2 Use of Store
A large number of consumers stated that they would use the Store regularly (75%). Of
those who currently purchase packaged liquor, 96% stated they would use the Store. Dr
Henstridge noted that:21
'The likely usage of the store is towards the higher end of what I have
experienced in similar surveys.'
18
DAA Report, para 30 and Attachment A Table 6.
19
DAA Report, para 32 and Attachment A Table 11.
20
DAA Report, para 32 and Attachment A Table .
21
DAA Report, para 48 and Table 70.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 155 Evidence of consumer requirement
How often do you think you would purchase
liquor from the proposed liquor store?
17%
25%
About once a week or more
About once a fortnight
About once a month
17% A few times a year or less
Never
24%
17%
Purchasers - How often do you think you would purchase
liquor from the proposed liquor store?
4%
24%
24% About once a week or more
About once a fortnight
About once a month
A few times a year or less
Never
24%
24%
The usage of the Store is very closely linked to the Centre and the Coles supermarket.
71% of respondents stated they would use the Store as well as other stores at the Centre
on the same trip.22
The above responses show that the Store will be well used by packaged liquor
consumers in the Locality.
5.3 Support for the proposed Store
There was very strong support for the Store from respondents. The number of
respondents who support the Store (77%) outweigh those who oppose the Store (12%)
by a factor of six to one. This rose to 90% in support and 7% in opposition for purchasers
of packaged liquor only.
22
DAA Report, para 50(a).
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 165 Evidence of consumer requirement
Dr Henstridge of DAA noted that:
'When compared with similar surveys I have conducted, this is a very high level
of support.'
Overall Support Purchaser Support
1% 1%
3%
10% 7%
12%
Support
Support
Oppose
Oppose
(Neither)
(Neither)
(Don’t know/can’t say)
(Don’t know/can’t say)
77%
90%
5.4 Important aspects of the Store
To gauge the aspects of the proposed Store that residents view as being important, a
number of statements were read to the respondents of the survey (in random order), who
were asked whether they agreed or disagreed with the statement. The following are the
key results:
around 89% agreed responsible service of alcohol is important;23
81% expected the proposed store would provide convenience and value for
money to purchase alcohol in small quantities; 24
84% agreed that it would be convenient to shop there at the same time as using
other stores in the Centre;25
over 80% thought the proposed store would keep more shopping local; 26
74% thought it would increase the choice of liquor stores available to use; 27 and
67% thought that the proposed Store would support the growing population in
the area. This rose to 71% for residents of Brabham.28
These results clearly show that residents of the Locality consider that the Store will
benefit the local community by allowing for the purchase of packaged liquor in
conjunction with other purchases at a full services shopping centre located in the heart of
the community.
23
DAA Report, para 39(b) and Attachment A Table 45.
24
DAA Report 39(d) and Attachment A Table 43.
25
DAA Report 39(c) and Attachment A Table 40.
26
DAA Report 39(b) and Attachment A Table 44.
27
DAA Report 39(e) and Attachment A Table 46.
28
DAA Report, para 39(f) and Attachment A Table 47.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 175 Evidence of consumer requirement
5.5 Local packaged liquor requirements
Tellingly, of those respondents who currently purchase packaged liquor, 76% thought that
the Store would "assist in meeting" their packaged liquor requirements rising to 84% of
consumers in Brabham.29 Specifically:
98% thought the Store would be useful when making small purchases, perhaps
at the last minute;30
91% thought that they could purchase their packaged liquor from the Store at
the same time as doing other shopping;31
90% thought the Store would have the types of liquor products they wish to
purchase;32
88% thought that the Store would be closer to home, a proportion rising to 98%
in Brabham;33
81% thought that the Store would be easier than their current option (ranging
from 94% for residents of Brabham, down to 10% for residents in Henley
Brook);34
58% thought that the Store would mean they would not have to drive to get their
liquor (77% in Brabham).35
It is clear from the above responses that the Store will satisfy local packaged liquor
requirements which are presently not being met due to a lack of packaged liquor outlets
in the Locality.
5.6 Benefits from the Store
In addition, respondents were asked if the proposed store would provide any benefits, or
any concerns, to themselves or the community.
A majority (over 80%) said they saw benefits to the Store, with the main benefits relating
to convenience, including being able to shop there at the same time as shopping at other
stores in the Centre, it would contribute to the full range of services in the area and
choice of liquor stores available.36
As noted by DAA, the responses show that there is a strong level of support for the
proposed Store and demonstrate an appreciation for the benefits the Store could provide
the community as a whole.37
5.7 Concerns
A minority of the respondents to the surveys (30%) some concerns with the Store,
predominately related to:
29
DAA Report, para 42(a) and Table 51.
30
DAA Report, para 43(a) and Table 53.
31
DAA Report, para 43(b) and Table 54.
32
DAA Report, para 43(c) and Table 57.
33
DAA Report, para 42(d) and Table 52.
34
DAA Report, para 42(e) and Table 56.
35
DAA Report, para 42(7) and Table 55.
36
DAA Report, para 39(e) and Table 44.
37
DAA Report, para 40.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 186 Section 36B(4)
(a) encouragement of drinking, particularly by young people; and
(b) increasing anti-social behaviour.38
Whilst these are commonly held perceptions among a minority of survey respondents in
many areas, they are not supported by the evidence specific to the circumstances of this
Application. In particular:
(c) the Store will discourage risky drinking practices, via its management
practices and the RSA materials that will be displayed at the Store, as
shown on the plans;
(d) the Store’s location (ie entirely internal at a shopping centre), the tight
security measures to be implemented at the Store, and Coles Liquor’s
harm minimisation policies, should minimise any prospect of the Store
contributing to anti-social behaviour; and
(e) outlet density within the Locality is very low, with no other liquor stores
(currently) in the Locality.
6 Section 36B(4)
6.1 The test under s36B(4)
Section 36B(4) of the Act requires a consideration of the following issues:
(1) What are the local packaged liquor requirements?
(2) What packaged liquor services are currently provided by the existing
premises in the locality? and
(3) Can the existing packaged liquor premises in the locality reasonably
meet those local packaged liquor requirements?
In effect, s36B(4) of the Act requires the Licensing Authority to be satisfied that there is a
local packaged liquor requirement which cannot reasonably be met by existing premises.
This involves subjective and objective elements. Firstly, a local packaged liquor
requirement needs to be identified. That is a subjective matter. Secondly, can the local
packaged liquor requirement ‘reasonably’ be met by existing packaged liquor premises in
the locality? That is an objective matter.
The word ‘reasonably’ imports a degree of objectivity; it means ‘sensible, not absurd, or
ridiculous ….not going beyond the limit of reason….not extravagant or excessive,
moderate.’
The objective exercise of determining whether local packaged liquor requirements cannot
reasonably be met by existing outlets cannot be determined in a vacuum. The Licensing
Authority must have regard to evidence of contemporary standards, expectations and
shopping habits when making that objective assessment.
The Full Court in Austie Nominees held that the word ‘cannot’ did not denote complete
physical impossibility, but should be understood to mean ‘cannot be provided for without
occasioning substantial difficulty or substantial inconvenience.’ However, that was in the
context of what was then s38(2b) of the Act, which required the Licensing Authority to be
satisfied that public requirements for liquor ‘cannot’ be provided for by existing licensed
premises. It is not appropriate to simply apply the Austie Nominees definition of ‘cannot’
to s36B(4) of the Act, because in that provision, the word ‘cannot’ is to be read with the
38
DAA Report, para 41 and Attachment A Table 48.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 196 Section 36B(4)
word ‘reasonably.’ The word ‘reasonably’ already qualifies ‘cannot’, so there is no
question of ‘cannot’ denoting physical impossibility or needing to be read down by
reference to concepts of substantial difficulty or substantial inconvenience. The real (and
new) question is – what is meant by the phrase ‘cannot reasonably.’
Taking into account all of the above matters, Liquorland submits that ‘cannot reasonably’
requires the Licensing Authority to assess whether local packaged liquor requirements
cannot be met by existing outlets in a way that is sensible, moderate or rational, having
regard to evidence of contemporary standards, expectations and shopping habits. That
involves questions of degree about which value judgments must be made.
6.2 The locality
The phrase ‘local packaged liquor requirements’ is defined, in section 36B(1), to mean
‘the requirements of consumers for packaged liquor in the locality in which the proposed
licensed premises are, or are to be, situated’. However, ‘locality’ is not a defined term.
The Licensing Authority’s Public Interest Assessment Policy is to the effect that the
Authority will (for the purpose of assessment of public interest factors in s38) typically
regard an outer metropolitan locality as being within a radius of 3km, subject to
submissions as to the appropriate size of the locality having regard to all the
circumstances including the specific nature of the business and the unique features of the
particular application. However, the locality for the purposes of s38 is not necessarily the
same as the locality for the purposes of s36B.
Liquorland submits that this Application satisfies the requirements of s36B(4) regardless
of how the locality is defined for the purposes of this provision.
6.3 Local packaged liquor requirements
There are various sources of evidence about the local packaged liquor requirements.
Firstly, the DAA surveys revealed a high number of regular packaged liquor purchasers
amongst residents within the Locality (72% of door-to-door respondents have purchased
packaged liquor in the last 12 months and 63% do so at least monthly).
As outlined above, the DAA survey results indicated that 71% of respondents thought that
it would be convenient to shop there at the same time as using other stores in the
Centre:39
The survey results provide compelling evidence that there is a packaged liquor
requirement in the locality.
6.4 Packaged liquor services currently provided by existing premises in
the locality
The only existing packaged liquor premises in the locality is the Lavender Bistro and
Boutique. The Lavender Bistro is a café, and sells house-made lavender products,
including a variety of jams, massage oils, lavender tea, lavender ice-cream and cosmetic
products.40 While it has a tavern licence, it has no dedicated packaged liquor facility. 41
39
DAA Report, Para 52.
40
www.lavenderbistro.com.au (accessed 21 June 2020)
41
Bodhi Report, page [6.1]
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 206 Section 36B(4)
6.5 Existing packaged liquor premises cannot reasonably meet the local
packaged liquor requirements
There is currently no liquor store trading within the locality. For this reason alone the
requirements of the public for packaged liquor in the locality cannot reasonably be met.
Liquorland acknowledges that a liquor store licence has been conditionally granted for
proposed premises located at 36 Repton Street, Dayton, trading as Dayton Liquor Store.
Once constructed, it will be is 2km to the south of the proposed Store. According to the
PIAs for that application,42 the Dayton Liquor Store will:
comprise a liquor store of 282m 2 with a 165m2 two-lane drive through facility;
be located in the new Dayton Commercial Centre (a Local Activity Centre)
alongside a 1,000m 2 IGA Supermarket, a chemist and medical centre, café and
specialty shops;
service a catchment area covering Dayton and part of Bennett Springs;
feature mainstream liquor products, including:
o a range of WA red, white and sparkling wine;
o Australian and international spirits;
o mainstream and boutique beers and ciders;
o ready to drink lines;
o Australian and international wines and champagne; and
o Liqueurs, cognacs and fortified wines;
include a range of products from local microbreweries, boutique wineries and
local spirit distillers located in the Swan Valley.
It is not clear who will be the operator of the store. However, the applicant (Dayton Liquor
Store Pty Ltd) sought to distinguish its range and style of operation from the Liquorland
Caversham store, being the existing liquor store within the 3km locality from the Dayton
Liquor Store, positioning itself as ‘an independent operator that will specialise in locally
produced liquor items’.43 As such, it will also be different to the proposed Liquorland
Whiteman Edge store.
6.6 Conclusion in relation to s36B(4)
The evidence as a whole comfortably satisfies the subjective and objective elements of
the test under s36B(4).
There is overwhelming evidence of a subjective consumer requirement for packaged
liquor in the Locality, which is unable to be met due to there currently being no liquor
stores in the locality.
Even once the Dayton Liquor Store commences trading, two liquor stores within the
locality will not offend the policy objective of s36B(4) to prevent a proliferation of
packaged liquor outlets.44 Further, the locality is currently not well catered for in respect to
packaged liquor options, and it is reasonable that consumers should have a choice of
42
https://www.dlgsc.wa.gov.au/docs/default-source/racing-gaming-and-liquor/liquor/adevertised-liquor-
applications/20191030-dayton-pia_745417_1-for-advertising.pdf?sfvrsn=8389a236_1 (accessed 26 June 2020), in
particular, section 6.
43
Dayton Liquor Store PIAs, para 16.6.1.2.
44
Commune Wine Store (A914869783) at [27].
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 217 Objects of the Liquor Control Act
packaged liquor outlets, including drive-through facilities and walk-in browse style
premises, independent and supermarket-associated stores providing competition and a
broad range of products, brands and styles.
7 Objects of the Liquor Control Act
Liquorland submits that the grant of the Application complies with the relevant objects of
the Liquor Control Act 1988 (WA) (Act), as follows.
7.1 Primary objects
Object Application
To regulate the sale, supply and consumption Liquorland intends to implement site-specific
of liquor operational and harm minimisation policies to
ensure that the grant of the Application
complies with this object.
Any licence issued on grant of the Application
will be subject to conditions that are imposed by
the licensing authority, which will assist to
ensure that liquor is sold at the Store in a
responsible and regulated manner.
To minimise harm or ill-health caused to Liquorland acknowledges that some alcohol-
people, or any group of people, due to the use related harm is occurring in the Locality.
of liquor
As noted above, Liquorland will have
comprehensive and tested harm minimisation
policies in place at the Store to mitigate any
potential impact of the Store on the local
community.
Liquorland commissioned Bodhi Alliance
(Bodhi) to provide an expert opinion on the
impact of the Store. Bodhi concluded that the
Store is unlikely to contribute to alcohol-related
harm or ill-health or additionally impact
sensitive premises or at-risk groups within the
Locality.
To cater for the requirements of consumers for The Centre is part of a DAC, although it will
liquor and related services, with regard to the function initially as more of a neighbourhood
proper development of the liquor industry, the centre pending further development of the
tourism industry and other hospitality industries Whiteman Edge town centre.
in the State
Contemporary consumer expectations are that
a Centre of this magnitude will contain specialty
shops (including a liquor store), department
stores, discount department stores and
supermarkets.
The expert evidence included as part of the
Application shows that residents, stakeholders
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 227 Objects of the Liquor Control Act
Object Application
and consumers in the Locality strongly support
the grant of the Application.
This is reflected in the results of the DAA
Report.
7.2 Secondary objects
Object Application
To facilitate the use and development of Liquorland acknowledges that consumers have
licensed facilities, including their use and diverse requirements for packaged liquor.
development for the performance of live original Some consumers prefer to browse extensively
music, reflecting the diversity of the and purchase some or all of their requirements
requirements of consumers in the State at large destination style outlets. However,
other consumers have a requirement to
purchase some or all of their liquor in often
smaller volumes at large shopping centres, in
an efficient setting and in conjunction with other
goods and services. Approving this Application
will facilitate the development of licensed
facilities that meet the requirement of the latter
category of consumers.
To provide adequate controls over, and over Liquorland is an experienced licensee and will
the persons directly or indirectly involved in, the have extensive and tested harm minimisation
sale, disposal and consumption of liquor policies in place at the Store to minimise any
potential impact.
Additionally, the Store will have site-specific
security measures designed to ensure that
Store sells packaged liquor in a responsible
manner.
These policies, in conjunction with any
conditions the licensing authority sees fit to
place on the licence, will provide adequate
control over the sale of packaged liquor at the
Store.
To encourage responsible attitudes and All liquor product advertising in and associated
practices towards the promotion, sale, supply, with the Store will comply with Coles Liquor's
service and consumption of liquor that are and the Director's responsible advertising
consistent with the interests of the community. policies.
Further, Coles Liquor is a signatory to the
Alcohol Beverages Advertising Code (ABAC)
and a member of DrinkWise, Alcohol
Beverages Australia (ABA) and Retail Drinks
Australia.
In those circumstances, the new Store will not
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 238 Public interest benefits and considerations
encourage irresponsible drinking. Further, the
location of the Store within the Centre means
that it will have no visibility to persons passing
by the Centre, and there will be limited external
liquor product advertising inside the Centre.
8 Public interest benefits and considerations
Summary
The Store will result in benefits to the local community, including the efficiencies
of one stop shopping and convenience, and improved amenity generally.
Respondents to the DAA surveys stated that the Store would be of benefit to
them and their community.
8.1 Benefits to the community and the public
The grant of the Application would provide numerous benefits to the local community.
These include the following:
(a) One-stop-shopping
It has long been recognised that the contemporary requirement for one stop shopping for
liquor and other retail purchases is an important element of modern life. This Application
is entirely consistent with that requirement.
As noted above, the Centre is part of a District Activity Centre. It is expected that a DAC
will have convenience goods, speciality shops, discount department stores and
supermarkets located within it. Packaged liquor is a convenience good suited to a DAC.
(b) Everyday value
The Store will offer consumers the benefit of value and choice of a range of liquor
products conveniently purchased as part of an everyday shop. The Store will carry up to
1,600 lines of stock This range is regularly reviewed, so as to enable Coles Liquor to
accommodate the changing trends, expectations and preferences of contemporary
consumers.
Liquorland stores emphasise single item value, rather than bulk purchasing or bundle
buys.45 This provides the opportunity for consumers to obtain value in the one or two
liquor products that might accompany grocery or other shopping.
Liquorland stores aim to provide excellent value to consumers in respect of its product
range and price. Liquorland pricing is set in metropolitan areas, including the Store.
Liquorland stores do not price beat or price match at an individual store level, though the
Liquorland brand, as a whole, always looks to provide the best value to consumers.
45
Statement of Kristy Longford, para 24.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 248 Public interest benefits and considerations
(c) Internal layout of new Store
Coles Liquor has reviewed the way its stores function to both increase consumer benefit
and enhance Coles Liquor’s harm minimisation policies.
The Store will feature a revised internal layout incorporating modern store design and
consumer convenience and service. It is intended to provide a heightened, enjoyable
shopping experience and allow better access for trolleys to benefit consumers conducting
one-stop shopping. Additionally, the Store will have clear signage, allowing consumers to
easily identify where their preferred varieties of product are located.
(d) Amenity of the area
Liquorland is committed to promoting the use and development of the Store at a standard
that the community expects (see the House Policy and Code of Conduct). Liquorland
believes that the Store will add to the amenity of the Locality as:
(1) the Centre is part of a town centre DAC and, as such, is a community
hub and focal point;
(2) the Centre, and the Store, is consistent with the town planning
principles guiding development for consumers in the Locality;
(3) the Store itself will be a properly designed, modern and responsibly
managed premises;
(4) the Store will be ideally located to assist local residents to fulfil their
retail requirements;
It was noted by Bodhi that the development of the Centre including the addition of Store
is likely to have a positive impact on the amenity of the area and is being keenly awaited
by residents.46
(e) Security of the Locality
As outlined in section 10.7 below, the Store will have comprehensive security measures
in place to minimise and deter crime and anti-social behaviour. These measures are
rigorous and will have a beneficial impact on the security and safety of patrons using the
Store.
The Store will also provide consumers in the Locality the opportunity to purchase liquor in
a safe and responsible environment.47 According to the results of the surveys in the DAA
Report, this is of great importance to residents of the Locality.48
(f) Other benefits for community
The Store will be offering a substantial number of Western Australian lines. By stocking
and promoting these wines, the Store will support the local economy and specifically local
wine producers.
46
Bodhi Report, page 25.
47
Statement of Kristy Longford, para 74.
48
DAA Report. Para 41
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 259 Harm or ill health: section 38(4)(a)
9 Harm or ill health: section 38(4)(a)
Summary
Coles Liquor’s established security measures and harm minimisation policies will
ensure that the impact of the Store is minimal.
The socio-economic profile of the Locality is relatively advantaged.
Sensitive premises were consulted about the Store.
9.1 Communities and sub-communities
Liquorland commissioned MGA to prepare a demographic profile of the Locality, 49
including a consideration of groups and sub-groups potentially at risk of alcohol related
harm or ill-health in the Locality (as identified under the Drug and Alcohol Interagency
Framework for Western Australia 2011-2015 and referred to in the Guidelines).
Group Locality Risk assessment
Children and young 20.1% of Locality is aged between 0-14 Low to moderate risk
people
This is slightly higher than the Greater
Perth Area (19.0%)
4.8% of Locality is aged between 15-19
49
MGA Report, section 7.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 269 Harm or ill health: section 38(4)(a)
Group Locality Risk assessment
This is lower than the Greater Perth
Area (6.2%)
Aboriginal people and 2.2% of Locality is indigenous Low to moderate risk
communities
This is slightly higher than Greater Perth
(1.6%)
Regional, rural, remote The Locality is not regional or remote. Low risk
communities
Families 77.6% of Locality are family households Low to moderate risk
This is higher than Greater Perth (73%)
Migrant groups from 2.4% of Locality are migrants who do Low risk
non-English speaking not speak English very well
countries
This is consistent with Greater Perth
(2.3%)
People in low socio- The population within the Locality is Low risk
economic areas considered to be socio - economically
advantaged
Mining The Locality is comprised of residential Low risk
communities/tourists neighbourhoods, and is not a mining area or
a tourist destination.
MGA found that:50
"Based on the above observations in relation to at-risk groups and the 2016
SEIFA data, it may be concluded that the locality population is a moderate-low
risk community."
Bodhi confirmed that there is a low potential for impact on "at risk" groups and that the
level of community wellbeing is relatively good. 51
9.2 Social health indicators
(a) SEIFA
The SEIFA Index of Relative Socio-economic Advantage and Disadvantage (IRSAD)
summarises information about the economic and social conditions of people and
50
MGA Report, para 7.12.5.
51
Bodhi Report, p. 37.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 279 Harm or ill health: section 38(4)(a)
households within an area, including both relative advantage and disadvantage measures
based on 25 indicators regarding income, education level, employment, household
status, and other matters. A low IRSAD score indicates relatively greater disadvantage
and a lack of advantage in general. A high score indicates a relative lack of disadvantage
and greater advantage in general.
The IRSAD scores for the suburbs comprising the Locality are:
Locality Decile (Nation / State)
Brabham 9/8
Henley Brook 8/7
Dayton 8/8
West Swan 7/6
As noted by MGA, this confirms that the area may be considered 'a moderate – low risk
community’. 52
(b) Other socio-economic factors
The MGA Report also considered other relevant socio-economic factors, as they applied
to the Locality. Relevantly:53
Greater Perth Advantaged/
Census Locality 2016
Metro 2016 Disadvantaged
Unemployment (%) 8.1 6.5 Advantaged
Median weekly household Advantaged
1643 1838
Income ($)
Home ownership (%) Owned Advantaged
70 83.7
or being purchased
Bodhi conducted a wellbeing assessment which found that: 54
52
MGA Report para 7.12.5.
53
MGA Report, Tables 9 and 10.
54
Bodhi report, pp 18-19.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 289 Harm or ill health: section 38(4)(a)
Factor Locality information Advantaged/
Disadvantaged
Material living conditions The Locality is relatively Advantaged
affluent.
Work The Locality has less Advantaged
unemployment than the State
average, with a higher
median income (see above).
Skills and learning The Locality has a greater Advantaged
proportion of residents with
tertiary qualifications than the
State average and the school
student population is
achieving at average levels
or above.
Health and vitality The Locality generally has a Neutral
lower level of health and
vitality than Greater Perth,
however performs well on the
indicator for alcohol
consumption.
Personal safety The Locality is overall safe. Advantaged
Community engagement There is a lower level of Advantaged
volunteering in the Locality
than in the State generally,
but a developing sense of
community.
Environment The Locality enjoys a high Advantaged
level of natural amenity with
significant parklands and
playgrounds.
Overall, the Locality population may be considered relatively affluent and socio-
economically advantaged. As such, it is a low to moderate risk community.
(c) Crime statistics
The latest publicly available WA Police statistics for the Locality suburbs are found in the
Bodhi report 55 These statistics are not specific to the Locality and do not indicate which
55
Bodhi Report, p 18.
Public Interest Assessment Submissions
86117857 Liquorland Whiteman Edge page 299 Harm or ill health: section 38(4)(a)
offences are alcohol-related. It is also not clear from the data whether the incidents
recorded were in relation to activities at or near the proposed premises.
The Locality is not generally experiencing high levels of crime, however stealing and
property damage recorded higher rates, which is consistent with building sites in
developing housing estates.56
(d) Alcohol related health statistics
Due to data not being available for the Locality the Department of Health advised Bodhi
that Ellenbrook would be a suitable representation for the area. The available data
suggests that the Locality population is of lesser risk than the State of alcohol related ill-
health.57
(e) Application of statistics to current application
In any event, reliance on historic and statistical data to assess the potential for the
proposed Store to result in additional harm or ill-health must proceed with care and be
balanced against the nature of the operations and harm minimisation policies proposed.
9.3 Conclusions on socio-economic status of Locality
Overall, Bodhi concluded that:
“In summary, the Locality has a high level of well-being performing positively on
6 of the 7 indicators. The Locality does not have significant populations or
groups that would be considered “at risk”. This opinion is based on the profile
of the Brabham community being that of a relatively well educated, affluent
young population with a high level of home ownership.” 58
9.4 Harm minimisation strategies
Having regard to the demographics of the Locality, it is unlikely that the operation of the
Store would have an adverse impact on the health or well-being of the local community.
However, to the extent that there is a risk of harm arising, Liquorland has strategies in
place to mitigate the risk.
Two of the primary objectives of the Act are to:
regulate the sale, supply and consumption of alcohol; and
minimise (not prevent) harm or ill-health caused to people or any group of
people, due to the use of liquor.
Using the benefit of its experience in the packaged liquor market in Western Australia,
Coles Liquor has developed harm minimisation policies to ensure that the Store will
comply with these objectives and will be operated in a responsible manner. Coles Liquor
is dedicated to ensuring that its reputation within the Western Australian market continues
to be built on minimising adverse impact on local communities, while also ensuring that
consumers can conveniently purchase packaged liquor.59
These policies are designed to be applicable across the State – in suburbs with good and
poor social health. In this instance, given the demographics and minimal groups that are
at risk of alcohol related harm in the Locality, Liquorland submits that these harm
56
Bodhi Report, p 18.
57
Bodhi Report, p 12-13
58
Bodhi Report, p 17.
59
Statement of Kristy Longford, paras 27 to 28.
Public Interest Assessment Submissions
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