Public Interest Assessment - dlgsc.wa.gov.au

Public Interest Assessment

Dandelion Bar & Restaurant

Karrinyup Shopping Centre 17th of May 2021

[Dandelion Bar & Restaurant Pty Ltd] (53 648 814 966) (“Applicant”)

Dandelion Bar & Restaurant Contents

King & Wood Mallesons 52728638_2

2 August 2021 i

Part 1 Background Information 2

A Premises 2

1 Karrinyup Shopping Centre 2

2 Dandelion Bar & Restaurant 5

2.1 Style of Venue 5 2.2 Capacity 6 2.3 Management, supervision & training 6 2.4 Dining 6 2.5 Beverage 7 2.6 Functions 7 2.7 Drink Policies 7 2.8 RSA compliance 8 2.9 Entertainment 8 2.10 Dress Code 8 2.11 Safety & Security 9 2.12 Neighbourhood & Amenity Issues 9

3 Development Approval 10

B The Applicant 11

1 Dandelion Bar & Restaurant Pty Ltd 11

Part 2 Public Interest Test 13

A The Public Interest Test 13

1 What is the ‘public interest test’? 13

2 What needs to be satisfied to meet the public interest test? 13

2.1 Primary and secondary objects 13 2.2 Additional factors 14

3 About this PIA 14

B Locality 16

1 Defining the Locality 16

2 Nature and Character of the Locality 16

3 Demographics 17

3.1 Population 17 3.2 Migrants 18 3.3 Households 18 3.4 Socio-Economic Status 18 3.5 Summary 19

4 Sensitive Premises 19

4.1 Sensitive Premises 19


Karrinyup Shopping Centre 2 August 2021

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C Other Licensed Premises in the Locality 20

1 Licensed Premises 20

1.1 Overview 20 1.2 Comparison with [KWM Note: Insert name of Proposed

Premises] 22

D Consumer Requirement and the Proper Development of the Industry 23

1 Australian Hospitality Market 23

1.1 Shopping Centre Food & Beverage Trends 23 1.2 Tourism 24

2 Customers 25

2.1 Key customer segments 25

3 Community Survey 25

3.1 The Demographics 25 3.2 The Results 27 3.3 Conclusion 30

E How does the Proposal Address the Minimisation of Harm and Ill Health?? 30

1 Current Alcohol Consumption Trends in Australia and Western Australia 31

1.1 Australia 31 1.2 Western Australia 33

2 Harm Minimisation Management 34

2.1 Effective management 34 2.2 Management practices, staff training and RSA 34 2.3 Environmental factors: Crime Prevention through

Environmental Design 36 2.4 Access 36 2.5 Karrinyup Shopping Centre Liquor Licensing Strategy 39

3 Impact on Specific at Risk Groups 40

3.1 At Risk Groups 40 3.2 Children and Young People 40 3.3 Aboriginal People and Communities 40 3.4 People from Regional, Rural and remote Communities 40 3.5 Families 40 3.6 Migrant Groups from Non-English Speaking Countries 41 3.7 People in Low Socio-Economic Areas 41 3.8 Mining Communities or Communities with a High number of

Itinerant Workers 41 3.9 Communities that Experience High Tourist Numbers 41

F Other Factors 42

1 The amenity, quiet or good order of the Locality – Section 38(4)(b) 42

1.1 Retail Amenity 42 1.2 Good Order of the Locality 42 1.3 Quiet of the Locality 49



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2 Offence annoyance, disturbance or inconvenience 49

2.1 Trading Hours 49 2.2 Traffic 49 2.3 Security and management 49

3 Tourism, or community or cultural matters 50

3.1 Tourism 50 3.2 Community 50

G Conclusion 52

H Further Information 54

Annexure A Plans of Karrinyup Shopping Centre

Annexure B Plans of Dandelion Annexure C Sample Menus

Annexure D Survey

Annexure E Locality Plan

Annexure F Sensitive Premises Plan

Annexure G Licensed Premises Plan

Annexure H Liquor Licensing Strategy Annexure I Noise Management Plan

Karrinyup Shopping Centre



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About this application

Dandelion Bar & Restaurant Pty Ltd (the Applicant) is applying for the grant of a Tavern Restricted Licence for a food and drinks venue which will form part of the redevelopment of Karrinyup Shopping Centre (Application). The venue will be known as Dandelion Bar & Restaurant (Dandelion).

This Public Interest Assessment (PIA) is presented in support of the Application to the Director of Liquor Licensing for the grant of a tavern restricted licence. Under section 38(2) of the Liquor Control Act 1988 (Act), the Applicant must satisfy the Licensing Authority that it is in the public interest to grant the licence (the 'public interest test'). As stated in McKinnon v Secretary Department of Treasury:

“The expression ‘in the public interest’ directs attention to that conclusion or determination which best serves the advancement of the interest or welfare of the public, society or the nation and its content will depend on each particular set of circumstances.”1

The Applicant submits that the grant of the liquor licence for the Dandelion will be in the public interest and will contribute to the proper development of the liquor industry, the tourism industry and other hospitality industries.

This PIA is divided into 2 parts:

(a) Part 1 which outlines the background of the Application and the redevelopment of Karrinyup Shopping Centre and the Dandelion; and

(b) Part 2 which addresses the elements of the public interest test and demonstrates that the Dandelion satisfies the test.

1 (2005) 220 ALR 587, 590




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Part 1 Background Information

A Premises This section of the PIA summarises the plans for Karrinyup Shopping Centre and the Dandelion.

1 Karrinyup Shopping Centre Karrinyup Shopping Centre (Centre) is managed by AMP Capital (AMP). AMP Capital successfully manages 28 retail centres across Australia and New Zealand.

The Centre is a highly successful regional centre located in an affluent and well- established area 12 kilometres north of Perth city centre and just over 3 kilometres from Perth’s prestigious coastal suburbs.

AMP is near completion of an $800 million redevelopment of the Centre to include a range of retail, entertainment, dining and residential precincts.

Karrinyup Shopping Centre has been at the centre of the local community for a number of years providing a place for the community to meet, shop, dine and socialise. The redevelopment of the Centre will continue with this community focus but on a grander scale with the Centre nearly doubling in size from 59,874sqm to 109,00sqm.

The newly developed Centre will include:

(a) Additional supermarkets

(b) Large-format international retailers

(c) The latest in contemporary designer brands

(d) Comprehensive food and beverage offering including indoor and alfresco dining

(e) Large piazza, corso and main street

(f) Leisure, lifestyle and entertainment including a state-of-the-art 10 screen HOYTS cinema

(g) Residential apartments

(h) External landscaped community space

The new food and beverage offerings will fit with the overall vision for the Centre. They will offer the best selection of local, farm fresh, organic and speciality foods split over two areas:

(a) the new outdoor dining and entertainment precinct located in the western side of the Centre (Outdoor Dining Precinct); and

(b) the café court located in eastern side of the Centre (Café Court).



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The primary function of the food and dining precincts will be a place for dining and socialising with the service of alcohol being incidental to this primary function.

The following licensed premises are proposed:

(a) 13 restaurant licenses (Outdoor Dining Precinct)

(b) 6 restaurant licenses (Café Court)

(c) 3 tavern licenses (Outdoor Dining Precinct)

(d) 2 Special Facilities (Amusement Venue & Cinema Venue) (Outdoor Dining Precinct)

The main food and beverage precinct, the Outdoor Dining Precinct, is largely on ground level with the exception of this venue which occupies two levels and a restaurant which will be located on level 1. Three of the tenancies will have alfresco dining for the exclusive use of the tenant of the premises.

Figure 1: Floor Plans



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The food and beverage venues will be crucial anchors to the Centre. The aim is to provide quality venues for on-going sustainability. Food and beverage precincts in shopping centres are now crucial anchors for the success of centres with new-age, inventive food spaces now a key to driving customer traffic.

Plans and artists impressions of the redeveloped Karrinyup Shopping Centre are attached at Annexure A.



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2 Dandelion Bar & Restaurant 2.1 Style of Venue

The Applicant is a well-respected name in the hospitality industry bringing an upmarket, dynamically designed food and beverage offering to the Centre. The Dandelion is being labelled as a ’new suburban icon’ with a characterful identity and interactive spaces’. The venue will be at the forefront of modern styling and design providing a luxurious and inviting setting for patrons.

The venue will boast bi-fold doors and alfresco area for warm summer days and a feature fireplace for the colder winter days.

To develop and maintain the desired ambiance and patron profile, the Applicant has carefully planned all aspects of its proposal.

Figure 2: Dandelion Ground Floor Plans

Figure 3: Dandelion External Plans



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Figure 4: Dandelion Mood Boards

See Annexure B for further concept plans and floorplan.

2.2 Capacity The Dandelion is designed to accommodate a maximum of 400 persons at any one time (patrons and staff), providing ample comfortable space and seating for patrons.

2.3 Management, supervision & training Operation of the venue will be benefited by the ‘hands on’ involvement of John Parker who will oversee and mentor senior management.

Staff and approved managers will be subject to induction and ongoing in-house training to ensure the highest standard of service and a comprehensive knowledge of all legal requirements under the Act. Special emphasis will be placed upon responsible service principles (see below).

2.4 Dining Food service is central to all aspects of the Application and a key element of the venue concept.



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The food offering will be sophisticated and creative with the focus on high quality produce and service. It will be heavily influenced by local Western Australian produce including primate agriculture.

Lunch and dinner service will be provided for patrons seven days per week. As part of its commitment to RSA principles, the Applicant intends to make a reasonable range of food available to patrons during all trading hours until 30 minutes prior to closing.

Consistent with the focus on food services, the Applicant will ensure that a substantial number of seats will be provided in the relevant parts of the Dandelion for the comfort of diners.

Refer Annexure C for an indicative dining menu for the venue.

2.5 Beverage The Applicant intends to maintain beverage services with an emphasis on quality products, excellent service and stylish presentation.

Alike the food offering, the beverage list will proudly integrate items that platform local suppliers and ingredients.

The Venue will boast an on-site ‘wine cellar’ and the Venue wine list will encompass a range of varieties and regions to compliment dining services and to allow for food/wine compatibility from season to season.

Craft beers and ciders will feature in the bar areas of the venue with a mix of imported beers and those sourced from local independent brewers.

High quality spirit products will base the Dandelion’s cocktail list, offering a selection of cocktail classics and bespoke drinks.

The Applicant will ensure that a range of mid strength, low strength and non-alcoholic products are available to patrons at all times. Drink products that would tend to encourage excessive or rapid consumption of alcohol and will not be promoted at the venue (see below).

Refer Annexure C for an indicative beverage menu for the venue.

2.6 Functions The venue will cater for private functions in both internal and external areas of the venue.

Function customers are expected to comprise a mix of private and corporate groups, including persons attending:

(a) Corporate events and conferences; and

(b) Private functions (birthdays, anniversaries, weddings etc).

2.7 Drink Policies The Applicant does not intend to promote drinks that would tend to encourage the rapid or excessive consumption of alcohol.

Specifically, the Applicant will not offer customers at any time:

(a) energy drinks served with alcohol; or

(b) shots or shooters



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2.8 RSA compliance The Applicant is strongly committed to adhering to responsible service of alcohol (“RSA”) principles and proposes a number of voluntary measures in support of harm minimisation and RSA.

The Applicant has filed a copy of the Management Plan for the venue in support of the Application.

The Applicant is strongly committed to staff training with a focus on adherence to RSA principle.

(a) Induction training will include a strong emphasis on encouraging responsible consumption, pro-actively discouraging excessive or rapid consumption and effectively identifying signs of drunkenness and implementing effective measures to deal with patrons exhibiting such signs. This will apply to all ‘front of house’ staff including bar, wait and glass collection staff.

(b) Bar and wait staff will be trained to actively and routinely encourage patrons to combine alcohol consumption with food and to have ‘breaks’ between consumption of alcoholic drinks by consuming water and/or non-alcoholic beverages;

(c) Regular refresher training will be conducted for all approved managers and general staff with a strong emphasis on RSA issues; and

(d) All front of house staff will be required to hold a valid Responsible Service of Alcohol Certificate

Specific RSA policies and procedures to be implemented at the Venue will include the following:

(e) Bar, wait and glass collection staff to conduct ongoing assessment of the state of sobriety of patrons at all times and to report any signs of drunkenness immediately to the senior manager on duty.

(f) Managers to ensure that an ‘intox sweep’ of the venue is conducted regularly to identify any patrons exhibiting possible signs of drunkenness and to implement appropriate action in accordance with documented RSA practice for the Venue.

(g) A wide range of non-alcoholic and mid-strength drinks to be available and advertised at the venue during all trading hours.

2.9 Entertainment Entertainment at the venue will primarily take the form of background, ambient music provided by the venue’s in-house entertainment system. On occasion ‘low key’ live acts may be engaged to perform.

The style of music will be carefully chosen to cater for the comfort and enjoyment of the broad range of patrons expected to be attracted to the venue

2.10 Dress Code The Applicant is aware that adherence to a carefully devised dress code can be an effective way to manage licensed premises and patron profile.

The dress code for the Venue will be “smart casual”. This will be interpreted strictly by management to ensure that the venue is attended by the desired



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demographic and to minimise persons in a ‘high risk’ category from seeking to attend the venue.

2.11 Safety & Security The venue can be considered to be in a relatively low risk category in terms of safety and security given the following features:

(a) High quality design and fit-out;

(b) Significant focus on dining services as a central component of the venue concept;

(c) Food available for patrons during all trading hours until 30 minutes prior to closing;

(d) Strict RSA policies and procedures enforces at all times;

(e) Substantial seating provided for patrons;

(f) Strict dress code;

(g) Experienced and responsible licensee with strong track record of responsible management in the liquor industry;

(h) Commitment to high standard of staff training, quality management and extensive management controls, policies and procedures in place

(i) Comprehensive CCTV coverage

2.12 Neighbourhood & Amenity Issues The venue falls within a low risk category in terms of amenity and potential disturbance in light of the following relevant features:

(a) Venue located in the Centre with no sensitive premises in close proximity

(b) Operating only during normal permitted trading hours for a tavern (no late trading)

(c) Unlikely to attract any significant ‘at risk’ sections of the public in terms of irresponsible consumption of alcohol and/or anti-social behaviour due to its location within a well-established Centre in a good socio-economic area

The Applicant is committed to ensuring that the venue operates as a positive addition to the local community and without causing negative impacts to persons working or residing in the vicinity.

Accordingly, in assessing and developing this proposal, the Applicant has been careful to address any potential amenity and neighbourhood issues to minimise the risk of noise and disturbance.

In this regard, it can be noted that the proposal involves:

(a) Venue design and layout specifically arranged to minimise the emission of noise;

(b) Low intensity style of use proposed with a significant focus on dining services at all times;

(c) Commitment to comprehensive management controls and staff training.



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Further, the Applicant will operate the venue in accordance with a range of policies and procedures specifically designed to minimise noise including considered times for the following: :

(a) Deliveries

(b) General rubbish collection

(c) Collection, internal handling and removal of glass

(d) Closing procedures

3 Development Approval Development Approval was granted on the 24th of August 2015.

The Main Development Approval dates are as follows:

• Original - 24/08/2015

• Extension of Time – 15/08/2016

• Amended Conditions – 01/02/2016

• Amended DA 1 – 09/09/2016

• Amended DA 2 – 10/07/2017

• Amended Façade Approval – 17/05/2019

• Amended DA 5 – 23/10/2019

• PTA Conditions – 23/12/2019

• Staff parking and Conditions DA – 19/06/2020

AMP Capital has commenced an $800 million redevelopment of Karrinyup Shopping Centre which will include various licensed premises in beautifully designed food and beverage precincts.

The Dandelion will provide a sophisticated, dynamically designed restaurant and bar which will be a key element of the Centre.




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B The Applicant

1 Dandelion Bar & Restaurant Pty Ltd

John Parker, the sole director of Dandelion Bar & Restaurant Pty Ltd, is a third generation ‘publican’ with both his father and grandfather having operated hotels and bars in New Zealand. Mr Parker’s entire working life (25 years+) has been dedicated to the hospitality industry, with a history of senior management positions at high quality venues throughout the world. John’s impressive hospitality experience is broad in terms of geography (Auckland, London, Melbourne and Perth) and style (wineries, hotels, taverns, bars and restaurants). Currently, John Parker is the owner and licensee of The Standard (Tavern License) in Northbridge and The Royal Hotel Perth in Perth (Tavern Restricted Licence).

The Dandelion will be owned and operated by John Parker, who is a highly successful and well-regarded owner and licensee. As with all of Mr Parker’s licensed premises, there will be strong focus on ongoing staff training in food and beverage product knowledge and RSA compliance.

John Parker has been committed throughout this application process to ensuring that the proposed tavern restricted Licence is in the public interest.

John Parker and Dandelion Bar & Restaurant Pty Ltd will adhere to comprehensive training protocol, with his experience and understanding that it is the best way to ensure that customer needs and expectations are met and exceeded consistently, while also ensuring all regulatory and compliance guidelines are closely monitored, managed and controlled.

Mr Parker, as sole director of the licensee company, has had considerable hands-on experience in designing, developing and operating successful new licensed premises. Mr Parker has owned and operated venues in Perth, including The Royal, The Standard, Halford Bar and Arthouse Dine. No liquor infringements have been issued at the time of lodging this application.



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Training in wine, beer, food knowledge and appreciation, and responsible service of alcohol are run consistently at Mr Parker’s venues.

Mr Parker’s venues have received numerous awards and accolades including:

(a) Perth’s Best Hospitality Venue 2020 at AHAWA Awards (The Royal Hotel Perth)

(b) Perth’s Best Restaurant 2020 at AHAWA Awards (Fleur at The Royal)

(c) Best Gastro Pub & Hotel – Western Australia in the 2021 Restaurant and Bar Awards for LUXlife Magazine (The Royal Hotel Perth)

(d) Australian Good Food Guide Chefs Hats for 2021 – 14 in total (Fleur at The Royal)

(e) Best Bar Award Barchella 2020 (The Royal Hotel Perth)

(f) Best Bar Dining 2019 at WA Good Food Guide awards (The Standard Perth)

The Applicant is an award-winning hospitality professional with extensive local and global hospitality experience. He is a fit proper person to hold a liquor licence. He is a well-regarded and respected professional in the WA hospitality industry.




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Part 2 Public Interest Test

A The Public Interest Test

1 What is the ‘public interest test’? For the application to be approved, the Applicant must satisfy the Director that the granting of the application is in the public interest pursuant to s 38(2) of the Act.

While the Act does not define 'public interest', the Department of Local Government, Sport and Cultural Industries’ (DLGSC) policy refers to the Butterworth’s Australian Legal Dictionary as follows:

"an interest in common to the public at large or a significant portion of the public and which may or may not involve the personal or propriety rights of individual people."2

A general discretion by reference to the criterion of the 'public interest' is not an unfettered discretion but will ordinarily be confined by the scope and purpose of the statute.3

2 What needs to be satisfied to meet the public interest test?

2.1 Primary and secondary objects In assessing whether the Application is in the public interest, the Licensing Authority is bound to take into account the primary objects of the Act, and to the extent that they are not inconsistent with those primary objects, the secondary objects.4 The primary and secondary objects of the Act set out in s 5 are:

Primary Objects:

(a) to regulate the sale, supply and consumption of liquor; and

(b) to minimise harm or ill-health caused to people, or any group of people, due to the use of liquor; and

(c) to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.

Along with the primary objects, the Licensing Authority must also have regard to the secondary objects of the Act, which are:

(a) to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and

2 Department of Local Government, Sport and Cultural Industries (16 April 2020) ‘Public Interest

Assessment policy’ at p1. 3 Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [48] 4 ibid at [49]



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(b) to provide adequate controls over the sale, disposal and consumption of liquor; and

(c) to provide a flexible system, with as little formality or technicality as may be practicable; and

(d) to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community.

The Licensing Authority's obligation to take account of the primary and secondary object is not diminished by the unfettered terms of the discretion conferred by s 33 of the Act. That section does not confer upon the Licensing Authority an unlimited power, but instead that power must be exercised consistently with the primary and secondary objects.5

2.2 Additional factors The Licensing Authority is entitled to take into account the factual matters set out in s 38(4) in determining whether it is satisfied that the granting of the Application is in the public interest.6 These factual matters are as follows:

(a) the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor;

(b) the impact on the amenity, quiet or good order of the locality in which the licensed premises, or proposed licensed premises are to be situated;

(c) whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises;

(d) any effect the granting of the application might have in relation to tourism, or community or cultural matters; and

(e) any other prescribed matter.

It should be noted that s 5(2) of the Act is mandatory whereas s 38(4) is permissive.7

3 About this PIA The role of this PIA is to address each of the objects outlined in the Act with regard to the specific premises. In order to satisfy the public interest test the Applicant has completed research, engaged various experts and conducted community consultation, including:

(a) engaging Rowe Group to provide planning and demographic data for the locality;

(b) undertaking research and analysis of data on alcohol-related harm and health, alcohol purchasing habits and social issues in the locality;

(c) undertaking a community survey with residents in the locality; and

(d) undertaking a review of other relevant licensed premises in the locality.

5 ibid at [53] - [54] 6 ibid at [50] 7 ibid at [49]



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Part 2 of this PIA addresses the requirements of the public interest test with reference to the various expert reports and data collected by the Applicant.




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B Locality This section of the report defines the locality for the purposes of this PIA.

1 Defining the Locality The Licensing Authority describes the locality to be the area which is generally considered to be most impacted if the application is granted.8 In this Application the Locality is 2km as the Dandelion is within 15km of the Perth CBD (Locality).

However, depending on the nature of the application, the licensing authority may determine a different locality radius for a specific application, particularly where the potential impact on a specific sub-community or 'at risk' group is such that reference to this sub-community should also be made, notwithstanding that this group may be situated outside the 2 km radius of the proposed licensed premises.

Therefore, the onus is on the Applicant to identify any potential 'at risk' groups which may travel through or make use of the Dandelion, or who may be impacted by the venue. This may include a group of people not situated within the boundaries of the town or suburb in which the proposed premises will be located.

In the case of this Application the Applicant is satisfied that the 2km radius is appropriate.

The Locality may be described as inner metropolitan, positioned within 12km of Perth CBD. The Locality takes in the suburbs of Karrinyup, Scarborough, Doubleview, Gwelup, Trigg, North Beach and Innaloo.

A map of the Locality is attached at Annexure E.

2 Nature and Character of the Locality The Locality is a very advantaged area consisting of established coastal suburbs in the City of Stirling.

The suburb of Karrinyup where the Centre is located is described as a mixed-use residential and commercial suburb with a population exceeding 9,200 people.9 Major development commenced in Karrinyup in 1957 and continued for several decades. The suburb has a range of extensive golf courses and parklands and is close to the beach.

The commercial focus of the suburb of Karrinyup is Karrinyup Shopping Centre. It was built in 1973 and has undergone major developments throughout the decades. It is a major regional shopping centre located in the middle of the suburb of Karrinyup. The Centre has been at the centre of the local community for a number of years providing a place for friends and family to meet. The redevelopment of Karrinyup Shopping Centre will enhance this experience and continue to provide the local community with a place to sit, relax, play and connect with others.

8 Department of Racing, Gaming and Liquor, 'Public Interest Assessment Pursuant to section 38

of the Liquor Control Act 1988', Attachment 2 - Specification of 'Locality'. 9 https://reiwa.com.au/suburb/karrinyup/

https://reiwa.com.au/suburb/karrinyup/



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The Centre is accessible via Karrinyup Road, Burroughs Road, Francis Avenue and Davenport Street in Karrinyup. The major arterial roads include Mitchell Freeway, Karrinyup Road, Reid highway and Marmion Avenue.

Median house process in Karrinyup are significantly higher than the Perth metropolitan region. The growth rate is also significantly higher.

3 Demographics The following demographic analysis has been prepared by Rowe Group10 based on the 2016 Census data. The 2016 Census has been used to indicate recent trends.

3.1 Population The population of the Locality has risen by approximately 1.9% between 2011 and 2016. At the time of the 2016 Census, the population of the Locality was 24,800 and, with a conservative approach to the growth predictions, is expected to rise to 34,000 by 2031.

The majority of the suburb of Karrinyup falls within the Locality. The population of Karrinyup has increased significantly between the 2011 and 2016 Census (8.9%).

Table 1: Population by Suburb

Suburb Population 2011 Population 2016 %Increase Karrinyup 8,524 9,283 8.9%

10 Rowe Group (April 2020) ‘Karrinyup Shopping Centre: Liquor Licence Strategy – Harm

Minimisation Report’.



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The proportion of indigenous persons in the Locality is very low (0.9%) in comparison with the State (3.1%) and Greater Perth (1.6%).

The Locality is largely comprised of mature adults, with a median age of 38 which is slightly older than the median age for Greater Perth (36) and the State (36). The proportion of persons aged 14 and younger (17.7%) and aged 19 and younger (23%) in the Locality are lower than for Greater Perth (19% and 25.2% respectively) and the State (19.2% and 25.3% respectively). The proportion of the Locality over the age of 65 (16.1%) is higher than Greater Perth (13.9%) and the State (14%).

3.2 Migrants The proportion of Australian born persons in the Locality (65.9%) is greater than the Greater Perth (57.3%) and the State (60.3%). In addition, the proportion of households where a non-English language is spoken in the Locality (15.4%) is lower than the Greater Perth (22.3%) and the State (19.4%).

3.3 Households There is a lower number of family households in the Locality (58.7%) compared with the Greater Perth (73%) and the State (72.7%). There is a higher proportion of couples without children (41.7%) compared with the Greater Perth (37.5%) and the State (38.5%). Single parent families are lower within the Locality.

3.4 Socio-Economic Status The Index of relative Socio-Economic Advantage/Disadvantage for the Locality is as follows (with one being the lowest rank and the most disadvantaged and 10 being the highest and most advantaged)

Table 2: SEIFA rankings

Suburb

Relative Socio-Economic Advantage/Disadvantage rank (state wide)

Relative Socio-Economic Advantage/Disadvantage rank (national)

Karrinyup 10 10

Scarborough 10 10

Doubleview 10 10

Gwelup 10 10

Trigg 10 10

North Beach No data No data

Innaloo 8 8

These rankings show that the Locality is a very advantaged area with only one suburb ranking below 10.

These rankings are also reflected in the income levels in the Locality. Income levels are overall higher than Greater Perth and State averages. The median weekly household income is $1,982 in the Locality compared with $1643 in Great Perth and $1,595 in the State. The number of people in the Locality earning more than $3,000 gross weekly income (30.3%) is considerably higher than in Greater Perth ($20.2%) and the State (19.2%).

Unemployment is lower in the Locality (5.8%) compared with the Greater Perth (8.1%) and the State (7.8%). A greater proportion of the Locality are employed in



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professional services (46.5%) than the Greater Perth (33.7%) and the State (32.5%).

3.5 Summary The Locality is an affluent area with income levels that are well above the State and Greater Perth averages. It is a popular area for professionals with the number of people working in manager and professional roles significantly higher than Greater Perth.

The area is well suited to the food and dining experience proposed at the Dandelion.

4 Sensitive Premises 4.1 Sensitive Premises

The sensitive premises in the Locality are identified in part 3 of the Rowe Group Report.

There are 32 sensitive premises in the Locality. Only 6 of the sensitive premises are within 500m radius of the Dandelion with the majority located a significant distance away.

The sensitive premises are shown on the map attached at Annexure F.

Table 3: Sensitive Premises

Use Number Aged Homes and Care/Nursing Homes 5

Church/Place of Worship 8

Schools/Educational facilities 15

Hospitals/Care facilities 4

TOTAL 32

The closest sensitive premises to the Dandelion are a church, childcare premises and a medical centre. However, the venue will not be visible from any of these locations.

The Dandelion is a food orientated venue where drinks are an accompaniment to a meal. It is not a venue that would typically attract at-risk groups. As discussed elsewhere in the PIA, well-run premises have been proved to actually improve issues with alcohol related harm. The Applicant and AMP will have strict policies in place to prevent the sale of alcohol to people who are intoxicated or under-age.




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C Other Licensed Premises in the Locality

1 Licensed Premises 1.1 Overview

The PIA Policy provides that applicants are required to provide the following outlet density information:

if the applicant intends to sell packaged liquor, the location of all existing licensed premises within the locality

if the applicant does not intend to sell packaged liquor, the location of all existing licensed premises within 500 metres

Given that the Dandelion will form part of a larger food and beverage offering at Karrinyup Shopping Centre we have provided analysis of the licensed premises within 2 kilometres and 500m of the venue.

Within 500m the offerings are as follows:

(a) 1 liquor store

(b) 1 club licence (restricted)

(c) 1 restaurant licence

(d) 1 special facility licence

These are shown on the Licenced Premises plan at Annexure G and the table below provides further details on each licence.

There are no tavern licences within 500m of the Dandelion and there is only 1 restaurant licence. Within 2km there is 1 tavern licence and 4 restaurant licences.

There are no food and beverage offerings which are comparable to that being proposed at the Dandelion.

Table 4– Licences within 500m and 2km

Licence Type

Premises Name Licensee Address

Approx. distance to centre (KM)

Approx. Distance to centre by vehicle (KM)

Within 500m

LIQ- Liquor store

BWS – Karrinyup

Endeavour Group Limited

Karrinyup Shopping Centre Karrinyup WA 6018

In centre In centre

LIQ- Restaurant

Café 34 Heliopolies Services Pty Ltd

Shop G34 Karrinyup Shopping Centre, Karrinyup WA 6018

In Centre In Centre

LIQ -Club Restricted

Karrinyup Cricket Club Inc

Karrinyup Cricket Club Inc

Karrinyup Reserve

0.4km 1.4km



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Licence Type




Karrinyup WA 6018

LIQ-Special Facility Licence

Limobus Perth Strategic Glum Pty Ltd

32A Treswell Court Karrinyup WA 6018

0.4km 0.9km

Within 2km

LIQ-Club Restricted

West Stirling Baseball Club Inc

West Stirling Baseball Club Inc

Millington Reserve Karrinyup WA 6018

0.8km 1.9km

LIQ-Wholesalers

Westons Australia Pty Ltd

Westons Australia Pty Ltd

92b Newborough Street Karrinyup WA 6018

1.1km 1.6km

LIQ-Restaurant

Little Sisto Sisto(WA) Pty Ltd

145 Sackville Trc, Doubleview WA 6018

1.1km 1.9km

LIQ – Special Facility Licence

Gleneagles Bar and Reception Centre

Westregal Australia Pty Ltd

102 Marmion Avenue, Karrinyup WA 6018

1.3km 1.9km

LIQ-Wholesaler

Palinda Wines Pty Ltd

Palinda Wines Pty Ltd

39 Maynard Way, Karrinyup WA 6018

1.3km 2.5km

LIQ-Wholesalers

Wine Warehouse

Bradley Edward Cox

21 Willowbank Entrance Gwelup WA 6018

1.4km 4.8km

LIQ – Club Scarborough Sports and Community Inc

Scarborough Sports and Community Inc

75 Deanmore Road Scarborough WA 6019

1.5km 2.1km

LIQ-Club Restricted

Northern Districts Social Club

Northern Districts

Abbet Park, Scarborough WA 6019

1.5km 2.0km

LIQ-Club Innaloo Sportsmen Club Inc

Innaloo Sportsmens Club Inc

75 Birdwood Street Innaloo WA 6018

1.5km 2.4km

LIQ-Club Restricted

Stirling City Toscany (Panthers) soccer Club Inc

Stirling City Toscany (Panthers) Soccer Club Inc

Langley Crescent Innaloo WA 6018

1.5km 2.4km

LIQ-Liquor Store

Liquorland Gwelup

Liquorland (Australia) Pty Ltd

Gwelup Shopping Centre North Beach Road & Wishard Street Gwelup WA 6018

1.5km 3.0km

LIQ- Club Croatian House Hrvatski Dom Inc

Croatian House Hrvatski Dom Inc

Lot 2 Wishart Street Gwelup WA 6018

1.5km 2.9km

LIQ-Tavern

The Saint George Hotel

Australian Leisure and

2 Morris Road, Innaloo WA 6018

1.7km 2.4km



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Licence Type




Hospitality Group Pty Ltd

LIQ – Liquor Store

Scarborough Cellars

Lukey Nominees Pty Ltd

166A Scarborough Beach Road, Scarborough WA 6019

1.7km 2.3km

LIQ – Restaurant

Al Fornetto Café Ristorante Pizzeria Perth

Campagna Nominees Pty Ltd

199 Scarborough Beach Road Doubleview WA 6018

1.7km 2.3km

LIQ-Restaurant

Café Relish Café Unique Pty Ltd

193C Scarborough Beach Road Doubleview WA 6018

1.8km 2.3km

LIQ-Club Lake Karrinyup Country Club

Lake Karrinyup Country Club

North Beach Road, Karrinyup

1.8km 3.1km

1.2 Comparison with the Dandelion The only current tavern licence in the Locality is the Saint George Hotel (Saint) in Innaloo. This venue is vastly different to the Dandelion offering. The Saint is a local pub and sports bar offering traditional pub or sports-bar style fast-food such as pizzas, fish and chips and burgers. It is aimed at providing lower-cost basic meals with multiple food and beverage daily specials such as ‘Parmi Fridays’ and ‘Thursday Burger Joint’. It is located in Innaloo, approximately 2.4km driving distance from the Dandelion.

The Dandelion will provide an upmarket venue with a sophisticated and creative food and beverage offering in stylish and elegant surrounds. The Dandelion aims to cater to those wishing to relax and enjoy exquisite meals and drinks in a relaxed, soulful environment. The style, offering and clientele at the Dandelion will be very different to the Saint.

The Locality is a very advantaged area with an increasing population especially in the suburb of Karrinyup. The Locality has a mature population with lower than average numbers of young people compared with State and Greater Perth. There are very few sensitive premises in the Locality.

There are no comparable premises to the Dandelion in the Locality. The Dandelion will provide a unique offering which will suit the needs of the local residents.




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D Consumer Requirement and the Proper Development of the Industry

1 Australian Hospitality Market One of the primary objects of the Act is to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.

1.1 Shopping Centre Food & Beverage Trends Food and beverage venues are crucial anchors for shopping centres such as Karrinyup Shopping Centre. There is a growing global trend of food and beverage tenants increasing their share of the gross lettable area in shopping centres. A recent F & B Trends report11 reported that:

“The retail industry across the globe, and specifically Australia, is undergoing a transformation – an adaption to consumer behaviour and preferences… it has become essential that retail centres and mixed use developments create a ‘community vernacular’… [t]his can only be done through the amalgamation of food and entertainment, and by presenting F & B experiences as an ‘anchor’ of the development.”

The report also highlights that there is a demand for alfresco dining in food and beverage clusters that people can visit without interfacing with retail. It notes that externalising the food and beverage offering with weather protection is critical for longevity of a retail centre. This is exactly the trend that the Karrinyup Shopping Centre and the Dandelion is looking to achieve with the Outdoor Dining Precinct. Shopping centres now require a ‘Third Space’ to enable people to congregate and socialise.

According to a CBRE global survey a few years ago a growing number of people are expected to go to a shopping centre just to eat or drink. The survey also found that there will be a focus on quality of offer, innovation and consumer acceptance.12

In 2018 CBRE Retail Leasing Director noted that:

“The demand for F&B services is surging – it’s common for the average millennial to eat out as much as four times a week – so there is room for more hospitality operators to join the market and/or occupy further retail space in the CBD precincts, particularly when other retail services are moving online.”

“Today, retailers are no longer competing on price – customers are more invested in human interaction and experiences, and that is ultimately the key to any retailer’s success,” Mr Ainsworth concluded.13

11 M3 Property Strategists ‘Food and Beverage Trends Influencing Shopping Centres’ accessed at

https://m3property.com.au/wp-content/uploads/2018/11/FB-Trends-Paper-_170918.pdf 12 CBRE (2015) ‘Food and Beverage in a Shopping Centre – EMEA Research’ accessed at

https://hr-infos.fr/wp-content/uploads/2016/11/CBR034FoodBeverageReport2015Final-20151021150927-1.pdf

13 PHQ (2/11/2018) ‘Food & Beverage driving retail sector’ accessed at https://www.propertyhq.com.au/news-blog-and-research/food-beverage-driving-retail-sector/

https://m3property.com.au/wp-content/uploads/2018/11/FB-Trends-Paper-_170918.pdf



https://www.propertyhq.com.au/news-blog-and-research/food-beverage-driving-retail-sector/



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The redeveloped food and beverage precincts at the Karrinyup Shopping Centre will meet the consumer requirement for community focused, modern food and beverage precincts creating a ‘third Space’ in the Centre.

1.2 Tourism Although Karrinyup is not a tourist destination per se its coastal location only 12km outside of the Perth CBD and the extensive retail offerings at the Centre are likely to attract tourists visiting Perth.

In 2015 Tourism Western Australia released ‘Taste 2020: A strategy for food and wine tourism in Western Australia for the next five years and beyond’ (Taste). The purpose of the strategy is to strengthen Western Australia’s position as an internationally recognised gourmet travel destination.

Taste identified a number of opportunities for tourism in Western Australia, including:

(a) increasing the diversity of offerings and encouraging innovation;

(b) increasing the marketing focus and promotion of open spaces, purity of produce, authenticity and integrity; and

(c) linking and cross-promoting food and wine events.14

Taste found that recent research projects undertaken by Tourism WA and others across domestic and international markets, indicate that consumers have five key demands of food and wine experiences:

(a) Natural beauty - a desire for food and wine experiences in spectacular surroundings;

(b) Value for money - the need for experiences to meet expectations and for consumers to feel that they have received value for money;

(c) Casual dining - visitors prefer experiences that are informal and laid back;

(d) Provenance - vendors should offer fresh local produce and unique and authentic regional produce; and

(e) Accessibility - creating more opportunity for visitors to access more remote culinary experiences such as bush tucker and culinary trails.15

The redeveloped food and beverage offering at Karrinyup Shopping Centre including the Dandelion will fulfil these opportunities and satisfy these demands. There will be a variety of offerings including cafés, restaurants, bars and events.

The redevelopment will revolutionise the food and wine experience in the Centre and in the local area by providing a modern and innovative setting with landscaped gardens and social areas where people can enjoy good food and beverages. The emphasis will be on local, authentic produce.

The Dandelion will provide a high quality good and beverage menu with a focus on local Western Australian produce, that platforms local suppliers. This

14 Tourism Western Australia ‘Taste 2020A strategy for food and wine tourism in Western Australia for the next five years and beyond 2015-2020’ at p17 15 ibid at p21



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combined with the carefully curated aesthetic of the venue will likely satisfy the desires of tourists and the local community alike.

The food and beverage offerings at the newly developed Centre including the Dandelion will meet the primary objective of catering for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in WA.

2 Customers 2.1 Key customer segments

Pursuant to the City of Stirling Local Planning Scheme No.3 (LP3) Karrinyup Shopping Centre is zoned as a ‘Regional Centre’ zone. The objectives of the ‘Regional Centre’ include the following:

To provide for the full range of shopping, office, administrative, social, recreation, entertainment and community services, consistent with the region-serving role of the centre.

The redevelopment of the Centre will result in it nearly doubling in size from 59,874sqm to 109,000sqm. Given the size of the Centre and its coastal location only 12km from the Perth CBD it will service a wide variety of consumers, which can be divided into the following general groups:

(a) local and wider metropolitan residents; and

(b) tourists and visitors from intrastate, interstate and overseas.

3 Community Survey The Applicant designed a survey and conducted interviews with residents in the Locality.

A total of 61 people were interviewed at Karrinyup Shopping Centre on Thursday the 24th of June.

A copy of the survey results is attached at Annexure D.

3.1 The Demographics The survey interviewed a broad range of people to provide the best indication of community attitudes towards the Proposed Premises.



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(a) Age Group

(b) Gender

(c) Location



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Of the survey responses collected, 61.37% of people answered the question ‘Which of the below best describes the area you live in?’ with ‘Other’. Responses included: Northbridge, North Perth, Fremantle, Inglewood, Mount Lawley, Subiaco, Maylands and West Leederville. This shows that people currently already travel to Karrinyup Shopping Centre from outside their own locality.

3.2 The Results (a) Behaviour and Usage



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(b) Good Idea



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(c) Usage

(d) Public Interest



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3.3 Conclusion The results of the survey show that the conditional grant of a Tavern Restricted license to the experienced operator of Dandelion Bar and Restaurant, will be in the public interest.

The redeveloped Centre and the Proposed Premises will cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. It will also enable the Centre to

achieve current trends in relation to shopping centres and food and b ff i



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E How does the Proposal Address the Minimisation of Harm and Ill Health??

Harm minimisation is one of the primary objects of the Act. In that regard, it is important to note a number of established principles.

First, harm minimisation is not a more important or fundamental object than the primary object of catering for the requirements of consumers of liquor and related services with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in Western Australia. Harm minimisation is not the primary regulatory object or consideration of the Act.

Secondly, the primary object in s 5(1)(b) of the Act is to "minimise'' harm or ill-health, not to prevent harm or ill-health. The word "minimise" is consistent with the need to weigh and balance all relevant considerations.16

Thirdly, it is necessary to determine the likelihood of harm or ill-health occurring, and to weigh that matter against the other objects which the Licensing Authority finds may be promoted by the grant of the application.17

As the Court of Appeal was moved to observe in Woolworths Ltd v Director of Liquor Licensing at [52]:

"On the proper construction of the Act (in particular, s 5(1), s 5(2), s 16(1), s 16(7), s30A(1), s 33 and s 38(2)), the Commission was obliged to take into account the public interest in:

(a) catering for the requirements of consumers for liquor and related services with regard to the proper development of the liquor industry in the State (s5(1)(c)); and

(b) facilitating the use and development of licensed facilities so as to reflect the diversity of the requirements of consumers in the State (s 5(2)(a))".

Fourthly, in order properly to assess matters related to harm minimisation the Licensing Authority is required to make findings about the likely degree of harm to result from the grant of the liquor application in contrast to the existing degree of harm.18

Fifthly, the Licensing Authority's findings must be made by a rational evaluation of the probative evidence on its merits. The licensing authority must act judicially and apply provisions of the Act to its findings and conclusions of the evidence.19

1 Current Alcohol Consumption Trends in Australia and Western Australia

1.1 Australia Alcohol consumption in Australia has been on a steady decline for more than 40 years with consumption per capita in 2017-2018 continuing its decade on decade

16 Executive Director of Public Health v Lilly Creek International Pty Ltd (2000) 22 WAR 510 at [20], 17 Executive Director of Public Health v Highmoon Pty Ltd [2002] WASCA 77 at [10]. 18 Carnegies Realty Pty Ltd v Director of Liquor Licensing [2015] WASC 208 at [46], 19 Woolworths v Director of Liquor Licensing [2013] WASCA 227 at [55], [59], [62] and [63],



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decline as ‘moderate consumption becomes the norm in Australia’.20 Australians are drinking less alcohol per capita over all.21

It is believed that premiumisation is leading to a “less but better” attitude in Australia. Also, the increased focus on health and wellness has resulted in health-conscious consumers opting for low and no-alcohol options as we shift towards “mindful drinking”. 22

Studies have shown that less than 15% of people in Australia actually drink in a truly risky and harmful manner, notwithstanding reports about risky drinking levels in Australia.23

The Australian Institute of Health and Welfare has released the following data which highlights the decline in risky alcohol behaviour in Australia24:

• The majority of Australians aged 14 years and over consume alcohol, however the proportion of people drinking in excess of lifetime risk guidelines has been declining and continues to decline.

• Between 1967–68 to 2017–18, the proportion of apparent consumption of different alcoholic beverages have changed substantially with decreases in the consumption of beer (from 73.5% to 39.0%) and increases in the consumption of wine (from 14.4% to 38.6%).

• Data from multiple sources indicate that there has been a decline in the proportion of Australians exceeding the National Health and Medical Research Council (HMRC) guidelines for lifetime risk by consuming more than two standard drinks per day, on average.

• The National Drug Strategy Household Survey (NDSHS) 2016 found that the proportion of people aged 14 and older exceeding lifetime risk guidelines declined significantly from 19.1% in 2013 (21% in 2001) to 18.0% in 2016.

• The National Health Survey25 (NHS) reported that in 2017–18, 16.0% of adults aged 18 and over exceeded the lifetime risk guideline, a decrease from 17.3% in 2014-15 and 19.4% in 2011–12 (Table S2.26).

• 2016 NDSHS findings showed that people aged 14 or older living in Remote and Very Remote areas of Australia are about 1.5 times more likely than people living in Major cities to exceed lifetime risk guidelines (26% compared with 15%) and the single occasion risk guidelines (at

20 Wine Australia (22 October 2019) ‘Trends in other alcoholic beverages’ accessed at

https://www.wineaustralia.com/news/market-bulletin/issue-179; Australian Bureau of Statistics(09/09/2019) ‘4307.0.55.001 ‘Apparent Consumption of Alcohol, Australia, 2017-18’ accessed at https://www.abs.gov.au/ausstats/[email protected]/Latestproducts/4307.0.55.001Main%20Features62017-18?opendocument&tabname=Summary&prodno=4307.0.55.001&issue=2017-18&num=&view=

21 Business Monitor International (2017) 'Australia Food & Drink Report Q1 2018 at p16. 22 Play Market Research (‘the biggest alcohol trends for 2020’ accessed at

https://www.playmr.com.au/blog/the-biggest-alcohol-trends-for-2020 23 Dr Anne Fox, (January 2015) 'Understanding behaviour in the Australian and New Zealand

night-time economies', p 11. 24 Australian Institute of health and Welfare ‘Alcohol, tobacco & other drugs in Australia’ (Last

updated January 2020) accessed at https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-other-drugs-australia/contentxs/drug-types/alcohol

25 Australian Bureau of Statistics, ‘National Health Survey : First Results, 2017-2018’ accessed at https://www.abs.gov.au/ausstats/[email protected]/mf/4364.0.55.001

https://www.wineaustralia.com/news/market-bulletin/issue-179

https://www.abs.gov.au/ausstats/[email protected]/Latestproducts/4307.0.55.001Main%20Features62017-18?opendocument&tabname=Summary&prodno=4307.0.55.001&issue=2017-18&num=&view=



https://www.playmr.com.au/blog/the-biggest-alcohol-trends-for-2020

https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-other-drugs-australia/contentxs/drug-types/alcohol

https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-other-drugs-australia/contentxs/drug-types/alcohol

https://www.abs.gov.au/ausstats/[email protected]/mf/4364.0.55.001



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least monthly) (37% compared with 24%) (Figure ALCOHOL4; Tables S2.12 and S2.13).

• 2017–18 NHS results showed that adults (aged 18 or older) in Outer regional and remote areas were 1.7 times as likely to exceed lifetime risk guidelines as those in Major cities (24.4% and 14.7% respectively) (Table S2.26; age-standardised proportions).

The National Alcohol Strategy 2019-2028 provides as follows:

“Australia’s overall consumption of alcohol (on a per capita basis) has been in decline for the past 40 years, and the percentage of people reporting abstinence from alcohol has either increased or remained stable between 2009 and 2016. Significant improvements have also been observed in abstinence over the same period among younger Australians. …. This is in spite of the fact that some research indicates that alcohol has become more readily available and affordable in Australia over the last decade.”26

These statistics and data provide a positive backdrop for the granting of the licence for the Dandelion which will be located in a very advantaged area in metropolitan Perth which currently has a low density of existing outlets of a similar nature.

1.2 Western Australia In Western Australia the following data was found in the National Drug Strategy Household Survey between 2001 and 201627:

• The percentage of lifetime risk drinkers has declined by 3.3%;

• The percentage of single occasion risk drinkers has declined by 4.4%.

Figure 5

26 Department of Health ‘National Alcohol strategy 2019-2028’ at p19 27 Source: AIHW National Drug Strategy Household Survey (NDSHS) Accessed at

https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-other-drugs-australia/contents/interactive-data/alcohol





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The NDSH also found that in WA:

• There has been a significant decrease in the number of people drinking weekly (-6%); and

• There has been a significant increase in those abstaining from alcohol (4.9%).

2 Harm Minimisation Management 2.1 Effective management

A number of studies have shown that well managed environments for the sale and consumption of alcohol contribute to reducing alcohol related harms.28 The Independent Review states that:

“Well managed premises and the responsible service of alcohol are seen as important tools in changing Western Australia’s drinking environment and providing consumers with safer, more responsible venues that are committed to practising harm-minimisation techniques”.29

The National Alcohol Strategy outlined principles for effective policing of licensed drinking environments.30 The following principles, taken from the strategy, shall be applied in relation to the effective management of the Dandelion:

(a) management practices that comply with legislation and reduce harm to staff and patrons;

(b) comprehensive staff training;

(c) implementation and enforcement of RSA policies and procedures;

(d) premises designed to minimise harm;

(e) responsible marketing practices;

(f) access to public transport; and

(g) co-operation with police and local government.

AMP and the Applicant have strong policies relating to each of these practices, which will be implemented at the Dandelion and the food and beverage precincts in Karrinyup Shopping Centre. These practices are discussed in more detail below.

2.2 Management practices, staff training and RSA (a) The Applicant’s role

The Applicant shall demonstrate best practice in terms of the service of alcohol. The Applicant is committed to providing a well-run and friendly licensed premises where patrons feel safe and comfortable. As previously noted in the PIA the Dandelion will be operated by a highly experienced hospitality industry professional.

28 Ministerial Council on Drug Strategy, (2004) The Prevention of Substance Use, Risk and Harm in Australia’,

p 86. 29 Liquor Control Act 1988: Report of the Independent Review Committee (Independent Review), December

2013, pg 35. 30 Ministerial Council on Drug Strategy (May 2006) ‘National Alcohol Strategy 2006-2009 Towards Safer

Drinking Cultures’ at p14.



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The Applicant endeavours to provide a safe and friendly venue by:

• requiring employees to promote responsible drinking;

• refusal of service to intoxicated persons;

• refusal of service to juveniles;

• not advertising or promoting initiatives which will encourage patrons to consume liquor in an irresponsible manner;

• creating a safe environment; and

• showing respect for the rights of neighbours to the Dandelion.

The Applicant believes in the proper and regular training of all staff in the responsible service of alcohol. Management requires that all staff complete appropriate training for their level and position as follows:

• A Director of the Applicant must complete the course in ‘Management of Licensed Premises’.

• All approved managers will hold a current managers’ licence as required under the Act.

• All supervisors will be required to undertake an approved course in RSA.

• All bar staff will be required to undertake an approved course in RSA.

• There will be ongoing regular meetings and training sessions convened by management involving all staff. Training will be provided by in-house personnel, outside experts and others and will cover its implementation within the premises.

Copies of the Applicant’s House Management Policy, Code of Conduct and Management Plan have been submitted as part of the Application.

(b) AMP’s role

AMP will also play an important role in the management of the Dandelion and the overall management of the Centre. AMP has responsibilities in planning and development management as well as in property and place management within Karrinyup Shopping Centre. The coordination of these elements is important to achieve a holistic approach to the licensing environment within the precinct. AMP will monitor the Applicant’s approach to harm minimisation and encourage the following strategies:

• AMP will encourage and guide tenants to meet DRGL design requirements when designing the internal fit out of their premises;

• Noise management strategies which may include the control of the type and volume of music permitted in the precinct;

• Setting appropriate operating hours;

• Storage and collection times and methods for waste materials;



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• Management of the flow of customers in and out of the food and beverage precinct;

• Implementing security measures such as lighting, video surveillance and on-site personnel and patrols;

• Providing accessibility to public transport;

• Developing a comprehensive venue management plan;

• Implementing comprehensive staff training; and

• Implementing responsible marketing strategies.

AMP will require operators to adopt strict policies in respect of juveniles. No liquor will be sold or supplied to juveniles or anyone who is suspected of trying to obtain liquor for a juvenile. Each applicant must have a strict policy of refusing liquor to anyone who cannot provide their adult age with satisfactory identification.

The extensive expertise AMP has in creating unique and authentic destinations that are at the heart of the community, supports the proposition that risks associated with the food and beverage precinct at Karrinyup Shopping Centre are low.

2.3 Environmental factors: Crime Prevention through Environmental Design The Australian Institute of Criminology has outlined risk factors that affect the likelihood of alcohol related harm at licensed premises.31 These include the capacity of the venue, the atmosphere and decor, and the culture of the premises. AMP and the Applicant have a strong commitment to Crime Prevention through Environmental Design (CPTED).

(a) Surveillance and lighting

All licensed premises are designed to minimise the risk of crime. The Dandelion will feature adequate CCTV and security lighting. The location of the Dandelion within the Centre grounds will also increase surveillance.

(b) Territorial reinforcement

The Dandelion will be clearly branded. Effective internal design of the premises limits the opportunities for concealment. External areas are maintained and kept tidy and clear from litter.

(c) Access control

The Dandelion will be located within the Centre grounds which will help limit access.

2.4 Access AMP instructed Aurecon to prepare a Transport Plan.32 This assessment provides details of the public transport accessibility from Karrinyup Shopping Centre.

31 Australian Institute of Criminology, December 2009 'Key Issues in alcohol-related violence', p5, 32 Aurecon (7 March 2018) ‘Mixed Use Expansion at Karrinyup – Transport Plan for Development Application’



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(a) Public Transport

A number of measures are proposed to encourage visitors to use public transport as a viable mode to access the Centre, including:

• Better integration of the bus station with the entrance to the Centre whilst including improved personal security i.e. CCTV, lighting, weather cover

• Real time bus timetable information at the bus station and throughout the Centre

• Improved infrastructure including dedicated bus lanes at various locations along Karrinyup Road

• Travel behaviour change initiatives to promote mode shift

A funding contribution is proposed to increase the frequency of bus services between the Centre and Stirling Station for a period of 5 years. This will involve services relating to either or both the 423 and 425 routes with a goal of achieving 10 minute headways in the morning and evening, Centre weekday peaks and 15 minute headways during the weekend Centre open hours.

(b) Walking

In order to improve the walkability of the existing environment and increase walking trips to the Centre, the following is proposed:

• Pedestrian entrances to the Centre that link directly to the surrounding pedestrian network

• Widening of existing footpaths around the perimeter of the Centre to 2.0m or a 2-way 3.5m shared path

• Providing suitable pedestrian crossings within and surrounding the Centre that are compliant with DDA standards

• Providing way-finding signage at strategic locations to provide legibility and awareness of pedestrian links to the Centre

• Improved pedestrian amenities including street furniture, lighting and weather cover



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Figure 6: Pedestrian Circulation Western Precinct Food and Beverage

(c) Cycling

It is proposed that a combination of shared and segregated cycle paths be installed around the perimeter of the Centre, and along sections of Karrinyup Road and Jeanes Road, to promote cyclist access the Centre.

A number of other measures are proposed, including:

• Ensuring that intersections surrounding the Centre will accommodate cyclists appropriately

• Providing improved way-finding signage to direct cyclists towards the Development

• Providing improved the bicycle access, parking and end of trip facilities within the Centre

• Bicycle parking and end-of-trip facilities are proposed at strategic locations, including:

• 160 public bicycle parking spaces in the form of bicycle racks dispersed amongst the four major entrances to the development and along the main street

• A secure, enclosed end-of-trip facility for staff located at the southern major entrance to the development, near the Karrinyup Bus Station, capable of storing 200 bicycle racks and lockers. This also includes separate female and male change rooms incorporating 5 showers and 1 toilet in each.

(d) Road Network

As part of the Transport Plan, transport modelling was undertaken for a wider area to investigate the impacts of the development at the Centre on the surrounding road network. To ensure the surrounding road network will operate at an acceptable level in the future with the development in place, a number of upgrades have been proposed, and have been included in the transport model, to bring connectivity and usability to the area. These upgrades include lane extensions and additional turning pockets at locations where required.



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(e) Parking

The proposed redevelopment incorporates a total of 4,880 car parking bays, at a rate of 4.2 bays per 100m2 of the total floor space. This includes provision for parking for people with disabilities, as well as provision for motorcycle bays. In addition, localised parking is provided for the proposed residential dwellings.

• A number of parking management strategies are proposed, including:

• Parking way-finding signage, including available parking numbers

• Fully managed parking detection system

• Mix of short and long term parking for visitors and staff

• Publicity for improved public transport and cycling provisions

(f) Servicing

A total of nine service delivery yards are proposed within the redevelopment. The proposed service delivery yards are separated from the general public and the reversing of all vehicles is contained within each service delivery yard.

2.5 Karrinyup Shopping Centre Liquor Licensing Strategy AMP has also produced its own Liquor Licensing Strategy which outlines the vision and sets out the framework for Karrinyup Shopping Centre that will ensure a consistent harm minimisation approach is applied to all aspects of the planning, design, tenant selection and place management practices relating to the licensed venues and events. A copy is attached at Annexure H.

This document highlights the high standard of harm minimisation strategies all licensed premises within Karrinyup Shopping Centre will be required to adhere to including the Dandelion. AMP shall apply appropriate conditions regarding patron management such as:

• Venue Design;

• Noise Management;

• Acoustic attenuation measures;

• Operating hours;

• Storage and collection of waste;

• Venue Management; and

• Security measures



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AMP will be responsible for managing the Centre and will ensure the following initiatives are in place:

• Security Plan;

• CCTV coverage; and

• A comprehensive management plan.

3 Impact on Specific at Risk Groups 3.1 At Risk Groups

The Department of Racing, Gaming and Liquor guidelines in respect of the PIA identify the following “at risk” groups:

• children and young people;

• Aboriginal people and communities;

• people from regional, rural and remote communities;

• families;

• migrant groups from non-English speaking countries;

• people in low socio-economic communities;

• mining communities or communities with a high number of itinerant workers; and

• communities that experience high tourist numbers.

Rowe Group’ s Harm Minimisation Report includes an analysis of each “at-risk” group in terms of the Locality.33

3.2 Children and Young People The proportion of persons aged 14 and younger (17.7%) and aged 19 and younger (23%) in the Locality are lower than for Greater Perth (19% and 25.2% respectively) and the State (19.2% and 25.3% respectively).

3.3 Aboriginal People and Communities The proportion of the population of the Locality identifying themselves as aboriginal (0.9%) is lower than the Greater Perth (1.6%) and State averages (3.1%).

3.4 People from Regional, Rural and remote Communities The Locality is not a regional, rural or a remote community.

3.5 Families There is a lower number of family households in the Locality (58.7%) compared with the Greater Perth (73%) and the State (72.7%) and a higher proportion of couples without children (41.7%) compared with the Greater Perth (37.5%) and the State (38.5%). Single parent families are lower within the Locality.

33 Rowe Group (11 April 2020) ‘Karrinyup Shopping Centre – Liquor Licence Strategy & Harm Minimisation

Report’



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3.6 Migrant Groups from Non-English Speaking Countries There is a higher proportion of residents born in Australia (65.9%) compared with the State (60.3%) and Greater Perth (57.3%), and the top 3 responses to ancestry are English, Australian and Irish.

3.7 People in Low Socio-Economic Areas The SEIFA index for the suburbs in the Locality shows that the Locality is socio-economically a very advantaged area with only one suburb ranking below 10. Income levels are significantly higher in the Locality than the Greater Perth and State averages.

Unemployment levels in the Locality are significantly lower than in the State and Greater Perth.

3.8 Mining Communities or Communities with a High number of Itinerant Workers The Locality is not a mining community.

3.9 Communities that Experience High Tourist Numbers The Locality is not a tourist destination.

The Locality is a very advantaged area. It has low levels of at-risk groups. The Applicant and AMP have strict management practices and policies to minimise harm.



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F Other Factors The public interest test also requires that the Licensing Authority considers the factors outlined in section 38(4) of the Act. The first of these relates to harm and ill health, which was discussed above. The remaining parts of section 38(4) are considered below.

1 The amenity, quiet or good order of the Locality – Section 38(4)(b) Whether the amenity, quiet or good order of the locality in which the licensed premises, or proposed licensed premises are, or are to be, situated might some way lessened

1.1 Retail Amenity The redevelopment of the Karrinyup Shopping Centre will significantly improve the retail amenity of the Locality. The new improved Centre will include:

• additional supermarkets;

• large-format international retailers;

• the latest in contemporary designer brands;

• comprehensive food and beverage offerings including indoor and outdoor dining; and

• a state-of-the-art 10 screen HOYTS cinema.

The Dandelion will revolutionise the food and beverage offering the Centre. As previously mentioned, the Dandelion will provide a high-quality food and beverage menu that boasts local WA produce, combined with exceptional service from trained staff.

1.2 Good Order of the Locality The redeveloped Centre including the new and expansive food and beverage offerings are in accordance with local planning strategies.

(a) Local Planning Scheme

Pursuant to the City of Stirling Local Planning Scheme No.3 (LPS 3) Karrinyup Shopping Centre is zoned as a ‘Regional Centre’ zone. The objectives of a Regional Centre zone as follows:

(i) To provide for the full range of shopping, office, administrative, social, recreation, entertainment and community services, consistent with the region-serving role of the centre;

(ii) To facilitate the creation of employment within the centre so as to reduce the demand for travel and enhance the level of self-sufficiency within the sub-region;

(iii) To promote a high degree of accessibility to and within the centre, for users of all modes of transport (bus, rail, private car, cycle and pedestrian) and to avoid fragmentation of commercial development;



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(iv) To enhance pedestrian activity within the centre, so as to facilitate movement between sites and from public and private transport nodes. 34

The proposed food and beverage precincts at Karrinyup Shopping Centre are consistent with the objectives of a Regional Centre.

The food and beverage precincts will improve the social, recreation, entertainment and community services at the Centre. They will provide a place for friends and family to meet, eat and connect in well-landscaped, secure environments.

The Outdoor Dining Precinct in the western section of the Centre will enhance pedestrian activity with beautifully landscaped grounds to enjoy the outdoors within the realms of the Centre environment. There will be indoor and outdoor alfresco dining.

Figure 7: Laneway Western Precinct

Figure 8: Café Court

34 City of Stirling (21/01/2020) ‘Local Planning Scheme No.3’ at para 4.2.11



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Figure 9: Outdoor Dining Precinct

(b) Local Planning Policy

The City of Stirling’s Local Planning Policy 5.7 – Karrinyup Regional Centre Guidelines’ (LPP 5.7) provides the following objectives for the Centre:

(i) To create vibrant and active mixed use centre by locating facilities such as housing, employment places and retail activities together;

(ii) To create main street frontages to the existing roads surrounding Karrinyup Shopping Centre;

(iii) To create a high level of pedestrian amenity through the provision of continuous streetscapes, interactive frontages and weather shelter;

(iv) To promote a high quality built form that creates a distinctive urban form and enables safety and security through passive surveillance; and

(v) To create public and private spaces that are safe, attractive and surrounded by active vibrant uses that will become the focal / meeting point of the centres.

The Centre and the food and beverage offerings in the Outdoor Dining Precinct and Café Court will collectively meet these objectives.

There will be increased street frontages including in the Outdoor Dining Precinct. The landscaped gardens in the Outdoor Dining Precinct will provide plentiful pedestrian amenity with streetscapes and pathways. There will be public and private spaces that will become meeting points for those visiting the centre.



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Figure 10: Outdoor Dining Precinct

Figure 11: Outdoor Dining Precinct with main street view

Figure 12: Outdoor Dining Precinct Lawn



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Figure 13: Outdoor Dining Precinct Landscaping

Dandelion will become a destination for shoppers, community residents and tourists alike. The design concept consists of an inviting ground floor bar as well as an upper-level bar with access to a balcony which overlooks the precinct.

There will be ample seating throughout the venue including café style, bar tables and stools and balcony seating.

The colour palette is earthy mixed with the rawness of concrete which deepens as you move upstairs to create a cosy and warm ambience. This will then connect through to the greenery of the balcony.

Liquor, including gin, will be produced by a still from Flying Foam and will be on the menu for consumption on site and not by way of packaged liquor. The StillCraft 100 is a 100-litre pot and column still which can yield approximately 100 bottles of hand-crafted spirits per distillation run. Designed and engineered in Australia, the still has a highly polished copper and stainless steel finish. The still has a small footprint and is designed to sit and operate within hospitality spaces.

Educational sessions, master classes and tastings utilising the still will be available to provide an interactive activity and point of difference for the venue. Liquor will be made in-house utilising local ingredients, including indigenous botanicals to showcase flavours of Western Australia.

Figure 14: Dandelion Exterior



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Figure 15: Ground Floor Bar

Figure 16: Upper Floor Bar



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Figure 17: Upper Floor Fireplace feature

Figure 18: Balcony Mood Board



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Figure 19: Still

1.3 Quiet of the Locality AMP instructed Herring Storer Acoustics to prepare a Noise Management Plan. A copy of the report is attached at Annexure I. This plan has been approved by the City of Stirling.

The plan outlines how the development will comply with the Environmental Protection (Noise) Regulations 1997 including in relation to deliveries and waste collection and various other Council conditions that relate to noise.

All tenants including the Applicant have been provided with a copy of the Noise Management Plan.

2 Offence annoyance, disturbance or inconvenience Whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the proposed licensed premises

2.1 Trading Hours The trading hours for the Dandelion will be as follows:

Monday – Saturday: 10am – midnight

Sunday: 10am – 10pm

2.2 Traffic As previously noted AMP instructed Aurecon to prepare a Transport Plan.35 To ensure the surrounding road network will operate at an acceptable level in the future with the development in place, a number of upgrades have been proposed, and have been included in the transport model, to bring connectivity and usability to the area. These upgrades include lane extensions and additional turning pockets at locations where required.

2.3 Security and management

35 Aurecon (7 March 2018) ‘Mixed Use Expansion at Karrinyup – Transport Plan for Development Application’



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As discussed above at Section E2, AMP and the Applicant have strong responsible service of alcohol policies. The crime prevention through environmental design policies have also been used in the design of the redeveloped Karrinyup Shopping Centre including the Dandelion to ensure that a safe and secure environment is provided for customers. The location of the Dandelion in the Outdoor Dining Precinct will add an extra element of security given the number of people who will be patronising the area.

3 Tourism, or community or cultural matters Any effect the granting of the application might have in relation to tourism, or community or cultural matters

3.1 Tourism The Centre and the Dandelion are not tourist attractions per se however being of such a grand scale and located so close to the Perth CBD it is likely that tourists will visit the Centre.

3.2 Community There will be a significant positive impact on the community on the opening of the redeveloped Centre including the Dandelion. The Centre has been a focal point for the local community for a number of years. The future evolution of the Centre will continue to provide a place for people to sit, relax and connect but on grander scale.

As demonstrated by the support from the community surveyed there is a community requirement for a diverse and quality venue to patronise and enjoy the option of non-alcoholic or alcoholic beverages, with or without a meal, at a safe, comfortable and modern premise, without the requirement to be seated at a dining table at all times.

Grant of the Application will positively contribute to the amenity of the Locality of Karrinyup by:

• Contributing to the activation of Karrinyup Shopping Centre and its dining precinct.

• Adding to the vibrancy attractiveness and convenience of the Locality.

• Helping to improve the identity of the Locality and supporting the continued development of hospitality and tourism services in the Locality;

• Providing additional leisure services for residents, workers and visitors who wish to enjoy liquor and dining services to be offered at the centre.

• Providing employment and training opportunities at the venue.

• Will promote WA producers of food, wine, beer, cider and spirits

The redeveloped Karrinyup Shopping Centre and the Dandelion will drastically improve the amenity of the Locality by providing high quality meeting and dining precincts in the area. The landscaping of the new Outdoor Dining Precinct will also improve the physical appearance of the Centre. AMP has worked closely with experts to ensure that any noise and traffic impacts will be minimal. The Centre will provide the local community and beyond with high standard venues to meet and connect.



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G Conclusion The Applicant has provided substantive evidence throughout its Public Interest Assessment to support the grant of the tavern restricted licence at Karrinyup Shopping Centre.

The Applicant submits that the granting of the Application is in the public interest pursuant to s38(2) of the Act and meets the primary and secondary objectives of the Act.

The superior management practices of the Applicant and AMP, the improved physical amenity and the enhanced security are all in accordance with s5(l)(a) of the Act, i.e they assist with the improved regulation and supply of liquor in the Locality and the trade area.

The Applicant and AMP will implement strong harm minimisation policies and procedures in accordance with the s5(l)(b) of the Act. The Applicant and AMP are experienced and responsible parties with proven operational capabilities.

Dandelion Bar and Restaurant along with the other venues at the Centre will immensely improve the food and drinks landscape in the Locality and promote and encourage retail spending and visitor numbers to the area.

Moreover, the population of the Locality continues to increase especially in the suburb of Karrinyup. This in turn results in an increased demand for retailers and service providers in the Locality such as a food and beverage venues. The construction and sheer scale of the redevelopment at Karrinyup is a clear reflection of the increased demand for retail venues in the area.

The Applicant therefore submits that Dandelion will cater for the requirements for the current and future consumers within the Locality in accordance with s5(l)(c) of the Act and further the proper development of the liquor industry, the tourism industry and other hospitality industries in Western Australia.

The Licensing Authority must weigh and balance the public benefits of the application.

The Applicant submits that Dandelion Bar and Restaurant will provide great benefits for the following reasons:

(a) Dandelion will complement and enhance the vision for Karrinyup Shopping Centre;

(b) the community survey has confirmed that:

(i) there is a consumer desire for Dandelion;

(ii) Dandelion will have a positive impact on the amenity of the area;

(iii) The grant of the Application is in the public interest.

(c) it will meet the demands of the community by providing a high quality food and beverage offering that is not currently available in the Locality]; and

(d) Dandelion Bar and Restaurant will provide employment opportunities (up to 40 positions)

The Application requires the Licensing Authority to undertake a weighing and balancing exercise between the primary objectives of the Act i.e s5(1)(b) in



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relation to the minimisation of harm and ill-health and s5(l)(c) in relation to catering for the requirements of consumers of liquor and related services with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. The Applicant reiterates that the Locality:

(a) is a very advantaged area;

(b) has a low-level of at-risk groups;

(c) does not have high rates of alcohol-related harm and ill-health;

(d) has a population that is growing at a rate that will sustain the venue; and

(e) has a community that strongly supports the grant of the Application.

The Applicant therefore submits that in this Application there is little tension between the objectives of the Act. The likely degree of harm as a result of the grant of the Application is minimal due to the demographics of the area and the operational capabilities of the Applicant and AMP.

The Applicant therefore submits that the weight of the public interest evidence favours the grant of this Application.



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H Further Information The Applicant reserves the right to supplement this PIA and accompanying submissions if required in order to satisfy the public interest test under the Act. The Applicant would also welcome the opportunity to discuss the application with the Licensing Authority if further information or further consideration of any aspect of this PIA is needed. The Applicant may be required to amend this PIA subject to any specific issues that are identified by the Licensing Authority or any interveners or objectors to this application.

The contents of this publication are subject to copyright. It may not be reproduced, stored in a retrieval system or transmitted other than in connection with bona fide use by the parties and the Licensing Authority in the application, without written permission. Enquiries should be addressed to Lynsey Grossi of King & Wood Mallesons, Level 30, 250 St Georges Terrace, Perth.




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Documents

Public Interest Assessment - dlgsc.wa.gov.au