Special Facility PIA

1. This is an application by EWL Pty Ltd ("the applicant") for the grant of a Special Facility Licence for both inside and the Alfresco Area for premises known as The Fun Shack situated at Tenancy CC -‐2, The Gateway Shopping Precinct, 1 Graceful Boulevard, Alkimos, WA 6038. The application is made pursuant to sections 41 and 62 of the Liquor Control Act 1988 ("the Act"). 2. Regulation 9A of the liquor Control Regulations 1989 (“the regulations”) which

outlines the various purposes for which a Special Facility Licence may be granted. 3. An approved purpose under Special Facility is Amusement Venue. (18) A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to the persons in the venue (19) In sub-‐regulation (18) Amusement venue mean premises the primary purpose of which is to allow persons in the premises (a) to play or view snooker, bowling, electronic games or to the similar amusements. 4. The Fun Shack has submitted internal plans showing the primary purpose is to be

bocce, arcade games, basketball games, racing car games, indoor play centre, pool table, table tennis table. Creating an exciting entertainment venue for families. 5. The Fun Shack will be total area of 1000m2. Crowd capacity of 400 people. A small

bar is not suitable, Patrons will want to stand as they play the games with drinks, so a restaurant licence is not suitable. A tavern licence is not suitable due to The Landing having exclusivity to a tavern licence in that area. I have been informed by the landlord that liquor licencing has a copy of this lease. 6. Discussions with City of Wanneroo town planning has confirmed that the current

planning would not permit a tavern licence. A change of use would be required, with an advertising period and considerable work to be done on providing elevations and plans for this process. Due to the exclusivity arrangement with The Landing, I do not see a positive outcome with this. 7. Due to the Fun Shack being unable to apply for Tavern Licence, the only other

suitable license would be a special facility licence. Legal Submissions 8. Section 38(4) provides that the matters the Licensing Authority may have regard to in

determining whether the grant of an application is in the public interest, include: • The harm or ill health that might be caused to people, or any group of people

due to the use of liquor • The impact on the amenity of the locality in which the licensed premises or

proposed licensed premises are, or are to be, situated;

• Whether the offence, annoyance, disturbance or inconvenience may be caused to people who work or reside in the vicinity of the licensed premises or proposed licensed premises, and

• Any other prescribed matter

9. Relevant to the question of the public interest are the objects of the Act which, for the purpose of the present application, relevantly include the following primary objectives.

• To regulate the sale, supply and consumption of liquor • To minimise harm or ill health caused to people or any group of people due

to the use of liquor • To cater for the requirements of consumers for liquor related services with

regard to the development of the liquor industry, the tourist industry and other hospitality industries in the state

The Premises 10. The Premise is currently trading as an after school care.

11. With Alkimos family friendly environment our venue is perfectly suited, with our

relaxed themed interior, gourmet burgers, ribs, all day breakfast menu, coffees, special chicken wings, a selection of wines, beers and unique fresh fruit cocktails. Being open from breakfast till late means it will be a popular venue to eat and drink.

12. The FUN Shack expects to employ 60 local residents for this exciting new venue.

13. The director has mentioned in previous determinations the objects of the act set out in

s 5; to cater for the requirements of consumers for liquor related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the state. The FUN Shack menu and ambience is a unique and much needed experience that will be enjoyed by business people and residents of Alkimos and surrounding suburbs.

14. EWL submits that the Fun Shack at Alkimos will fulfill a want from the public. This is a

relevant factor in increasing the vibrancy, attractiveness and convenience of the locality and attracts greater population density and visitors, which is required for sustainable economic growth. This is reflected in the primary objects of the Act.

15. EWL has traded Forrestfield, Scarborough, Mandurah and Hillarys Local Shacks and is a proven responsible operator willing to work with Liquor Licensing and Liquor Enforcement towards a common goal of providing responsible service of alcohol. EWL will continue to operate as an effective and responsible operator.

16. The Fun Shack premises in Alkimos will focus on entertainment for families. There will be activities for kids to adults. A 200m2 indoor play centre is custom built for children 3 to 12 years of age. Behind this is 2 lighthouses built out of wood for the 12 to 15 years

of age. A large range of arcade games, bocce court, racing car games, arcade basketball, pool tables, table tennis tables for the adults to enjoy themselves. Food will be available all hours of trade. The premises will have a CCTV surveillance system.

17. EWL Pty Ltd can show through the successful management, the proposed manner of trade if granted, will be low risk. This will be demonstrated through the management practices. The premises will positively contribute to the amenity of the locality

Locality

18. Below is a Google Map showing a 2km radius from the proposed location for The Fun Shack at Alkimos, based on the Director of Liquor Licencing PIA policy:

19. The Locality is situated within the City of Wanneroo.

20. All of this locality area comprises the suburb of Alkimos. In 2016 the population was

6,269. This is expected to go grow to over 70,000 people.

21. The Locality consists of a mix of land uses and characteristics. The area comprises residential, retail, hospitality and other commercial uses.

22. The Fun Shack will increase the available services to residents of the locality and thereby increase the amenity of Alkimos and the locality in general.

23. The residential component consists of a wide range of large single dwellings, single story and multi-‐storey homes.

24. The immediate vicinity surrounding the proposed Fun Shack site is residential and business.

25. Crime statistics are as follows for the suburb of Alkimos:

Patrons 26. Families, elderly, couples, groups and single patrons will enjoy the venue in large

numbers due to the safe environment the Fun Shack will provide. The amusement activities on offer are unique.

Dress Standard 27. The dress standard will remain casual in keeping with the environment The Fun Shack

will create. Entertainment 28. The Local Shack chooses mood media to provide the entertainment. Every month they

upload 1000’s of new songs that are played on to a screen on the wall. This is a great choice for the venue as it provides customers a chance to not only listen, but to also watch their favourite songs. This is always playing when the venue is open.

Proposed Trading Hours 29. The Fun Shack in Alkimos proposes to operate on the following hours

• Sunday to Thursday 8am till 9pm • Friday and Saturday 8am to 11pm

Noise Attention 30. We are very mindful of keeping in with regulations for sound. The Fun Shack will

comply with any recommendations made by the director of Liquor Licensing

Staff

31. An approved manager will always at the venue 32. At capacity 7 staff are in the kitchen, 10 front of house.

Security 33. CCTV cameras will be installed and are constantly recording. Remote access is enabled

so the licensee can see the venue if he/she requires.

34. The strategic location of CCTV allows the applicant to adequately monitor all areas of the Premises, at all times.

Health & Harm Minimisation ‘At risk’ groups and sub communities 35. In accordance with PIA Policy the applicant has identified and considered the groups of

people within the Locality who are described in that policy as being ‘at risk’ from the consumption of alcohol.

36. Reference has been made to the 2016 Census information published by the Australian Bureau of Statistics in respect of the whole statistical suburb of Alkimos.

37. The information researched was compared and contrasted with Western Australian averages so as to give it context. The table below contains the relevant information obtained from the Census information.

https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/SSC50011?opendocument

ALKIMOS WA Average age 28 36 Aboriginal people and communities

1% 3%

Median weekly household income

$1942 $1,595

38. By examining the data in the table, the following comparison can be made between

Mandurah and the State averages. 1. Alkimos has a lower average age. 2. Alkimos has less Indigenous and Torres Strait islander residents. 3. The most common ancestries in Alkimos were English 35.2%, Australian 17.3%,

Irish 7.3%, Scottish 6.8% and South African 2.8%. 4. Household income is significantly more.

39. In respect to the additional groups of people defined as ‘at risk’ in the PIA Policy which

are not specifically referred to in the table above, the following comments are made; 40. “People from regional, rural and remote communities”

1. Alkimos is at most 35 minutes from the CBD, given this, it is clearly not regional, rural or remote.

41. “People in low socio-‐economic areas”

1. Alkimos is not considered a low-‐socio economic area. Alkimos unemployment is

6.6% compared to WA average of 7.8%, Alkimos median weekly family income $1,942, Perth average $1,595.

Social Health Indicators 42. According to the policy, social health indicators may include the;

a. Incidence of alcohol related crime in the area; and b. Rates of, and trends in, alcohol related hospital presentations and

admissions.

43. In terms of health and crime date for the locality, there is no alcohol related crime statistics reported specifically for the locality.

Amenity impact (section 38(4)(b)) 44. Section 38(4)(b) of the Act provides the Licensing Authority may have regard to, in

determining whether approving the Application is in the public interest, the impact on the amenity of the locality in which the proposed licensed premises is situated.

45. Nature and character of the local community

46. The locality is in line with the state average. 47. The locality is surrounded by mainly residential suburbs, with some commercial

areas. Existing licensed Venues

There are 2 licensed venues within close proximity;

License Type Premises Location

Tavern The Landing The Gateway Alkimos Beach Shopping Centre

Restaurant Alkimos Pizza The Gateway Alkimos Beach Shopping Centre

48. There is clearly a lack of licenced entertainment venues that are open for breakfast

through to dinner. With The Fun Shacks unique menu combined with indoor activity centre, arcade games, bocce court, sport on televisions, pool tables, table tennis table, games like connect 4, Jenga, it will be a well received entertainment venue in the Alkimos community.

49. Antisocial behaviour will not tolerated and customers will be asked politely to

consider other patrons on the venue if they are being loud. Our method of communication has been very successful and has ensured that we have had no incidents of anti-‐‑social behaviour. We are fully aware that this would damage our reputation if there were patrons being anti-‐‑social

50. We will continue to maintain and enforce staff management practises that focus on harm minimisation, minimising anti-‐‑social behaviour and the responsible service of alcohol.

51. Approved Managers will always be at the venue when it is operating.

52. Our House Policy, House Management Plan and Code of Conduct will always be on show and will remain so.

Responsible Service of Alcohol (RSA) 53. Upon commencement of their employment, all staff are taken through a training

program addressing the policies relevant to the service of alcohol. Staff are provided with and required to retain their own copy of the relevant policies.

54. All staff working at front of house are required to have a current RSA certificate

55. An RSA staff training register is maintained on site. Parking

56. The Fun Shack has ample parking available at the rear of the venue for the capacity of the venue. This parking is free

Conclusion 57. The Fun Shack is applying for a Special Facility license for both inside and in the alfresco

area. This will provide a greater flexibility in terms of the services that can be provided to our patrons, particularly the ability to consume alcohol without the requirement to have a meal. However, food will remain a focus of the venue.

58. Alkimos does not experience an unacceptable rate of alcohol related harm, the grant

of the special facility licence would not exacerbate the risk to any at-‐risk groups on the locality. From a socio-‐economic perspective, the locality is not disadvantaged.

59. The grant of the application will be catering for the requirements of consumers for liquor and related services, consistent with object 5(1)(c) of the Act. Potential patrons through the independent evidence (petition attached) have expressed a desire for the services offered at The Fun Shack if the application is granted.

60. To mitigate the risks associated with the grant of a Special Facility Licence and ETP, The Fun Shack proposes the following conditions; • Food must be available during trading hours • Any music played at the premises must be background in nature only, sufficient to

allow normal conversation to occur. • The Fun Shack shall not promote or sell drinks which offer liquor by virtue of their

‘emotive’ titles such as, but no limited to, ‘laybacks’, ‘shooters’, ‘test tubes’, and ‘blasters’.

• The licensee is to have and maintain a CCTV system compliant with the policies of the Director of Liquor Licensing.

• No liquor is to be supplied mixed with energy drinks. For the purposes of this condition “energy drink” has the same meaning as formulated caffeinated beverage within the Australia New Zealand Food Standards Code with a composition of 145mg/l of caffeine or greater

61. The Fun Shack will have provide a unique menu items with the Fun Shack

entertainment value. It will be business that provides a unique experience for our customers in a safe environment.

62. The Fun Shack price point makes it an affordable option for locals and business people.

An option slowly dwindling in the Western Australian Hospitality 63. The licensee has a copy of the House Management Policy, Code of Conduct and

Management Plan developed for these premises in accordance with the harm Minimisation Policy. These documents will be retained on the licensed premises and are produced to any Authorised Officer when requested. Additionally, the licensee will ensure that the premises House Management Policy and Code of Conduct are displayed in a prominent position on the licensed premises.

Special Facility PIA

Documents