The Onyx - Department of Racing, Gaming and Liquor

Transcription

p:
(08) 6278 2788
f:
(08) 6278 2988
e:
phil@canford.com.au
mob:
0417 976 009
postal:
PO Box 389 Guildford WA 6935
Guildford WA 6935
THE ONYX
I Sharpe Avenue, Karratha WA 6714
Application for a tavern restricted licence
Section 38 Submissions
Public Interest Assessment
May 2016
COPYRIGHT © Canford Hospitality Consultants Pty Ltd 2016
Copyright in this document is the property of Canford Hospitality Consultants Pty Ltd. This document may not be
copied or reproduced in whole or in part without the specific prior written consent of Canford Hospitality Consultants
Pty Ltd. Canford Hospitality Consultants Pty Ltd may seek both injunctive relief restraining the unauthorised use of
this document (or any part thereof) and an accounting for profits action against any person or entity who so copies or
reproduces this document (or any part thereof) without said prior written consent.
THE ONYX │Public Interest Assessment
Contents
1. Introduction ............................................................................... 3
2. The Locality ............................................................................... 6
3. Demographics of the Locality ......................................................... 17
4. Outlet Density Information ............................................................ 23
5. History and Motivation for the proposed Onyx Bar & Grille ...................... 28
6. Proposed Style of Operation .......................................................... 37
7. Background and Experience of the applicant ....................................... 49
9. Harm and Ill Health – Section 38(4)(a) ............................................... 53
10. Impact on amenity – Section 38(4)(b)................................................ 56
11. Offence, Annoyance, Disturbance or Inconvenience -Section 38(4)(c) ......... 58
12. Section 5(1)(a) of the Liquor Control Act (1998) ................................... 60
13. Section 5(1)(b) of the Liquor Control Act (1998) ................................... 61
14. Section 5(1)(c) of the Liquor Control Act (1988) ................................... 64
15. Objective Witness Support ............................................................ 66
16. Conclusion ............................................................................... 69
Attachments .................................................................................. 71
Page 2 of 72
1.
Introduction
1.1.
Onyx (AUST) Pty Ltd is applying to the licensing authority for the grant of a
tavern restricted licence for premises located at lots 3 and 4, No. 1 Sharpe
Avenue, Karratha.
1.2.
The proposed name of the premises is “The Onyx”.
1.3.
Part of the premises (Lot 3 on Strata plan 22706) was formerly a licensed
restaurant known as The Icon Bistro which was operated by TTR Duramax
(AUST) Pty Ltd. Sean Throssell, of the applicant, is the sole director of TTR
Duramax (AUST) Pty Ltd.
1.4.
The restaurant licence (licence number 6060118464) was surrendered
following the closure of the business on 6th June 2013.
1.5.
This is a two-stage application process:
1.5.1.
Stage 1 of the application (which is pertinent to these submissions)
is for the existing premises as per the planning approval P2902,
issued 17/9/12, by the City of Karratha for tavern use; and
1.5.2.
Stage 2 is for proposed exterior alterations and expansions to the
tenancy area, once development approval is granted by the City of
Karratha.
1.6.
Attachment 1 contains a plan of the premises showing the two proposed
stages.
1.7.
These submissions are designed to address the public interest requirements
as set out in Section 38 of the Liquor Control Act 1988.
1.8.
These submissions have been drafted by Canford Hospitality Consultants Pty
Ltd in consultation with Sean Throssell, a director of the applicant
company, and references to the applicant or the applicant’s opinion relate
to Mr. Throssell.
1.9.
Section 38(2) of the Act sets out the matters to be taken into account by
the Licensing Authority in deciding whether or not to grant a liquor licence.
Specifically it states:
1.9.1.
“An applicant who makes an application to which this subsection
applies must satisfy the licensing authority that granting the
application is in the public interest”
1.10. Further Section 38(4) sets out the matters to which the Licensing Authority
may have regard, as follows;
1.10.1. “The harm or ill health that might be caused to people, or any
group of people, due to the use of liquor; and
1.10.2. The impact on the amenity of the locality in which the licensed
premises, or proposed licensed premises are, or are to be,
situated; and
1.10.3. Whether offence, annoyance, disturbance or inconvenience might
be caused to people who reside or work in the vicinity of the
licensed premises or proposed licensed premises; and
Page 3 of 72
1.10.4. Any other prescribed matter”.
1.11. The objects of the Act are expressed at s.5 of the Act, which states that
the primary objects of the Act are –
1.11.1. “To regulate the sale, supply and consumption of liquor; and
1.11.2. To minimise harm or ill-health caused to people, or any group of
people, due to the use of liquor, and
1.11.3. To cater for the requirements of consumers for liquor and related
services, with regard to the proper development of the liquor
industry, the tourism industry and other hospitality industries in
the State.”
1.12. The last primary object was elevated to a primary object of the Act in the
2007 amendments to the Liquor Act.
1.13. The 2013/14 review of the Liquor Control Act recommended amendments
to the third primary object to remove the phrase “cater for the
requirements of consumers” and to amend “proper development of the
liquor industry” to “the responsible development of the liquor and related
industries”. The Government however does not support these amendments
and has stated the “existing objects provide good balance between harm
minimisation, industry, tourism, and consumers”.
1.14. In carrying out its functions under the Act, the licensing authority shall
have regard to the primary objects of this Act and also to the following
secondary objects, as follows:
1.14.1. “To facilitate the use and development of licensed facilities,
including their use and development for the performance of live
original music, reflecting the diversity of the requirements of
consumers in the State; and
1.14.2. To provide adequate controls over, and over the persons directly
or indirectly involved in, the sale, disposal and consumption of
liquor; and
1.14.3. To provide a flexible system, with as little formality or
technicality as may be practicable, for the administration of this
Act.”
1.15. Further Section 5(3) states “If, in carrying out any function under this Act,
the licensing authority considers that there is any inconsistency between
the primary objects referred to in subsection (1) and the secondary objects
referred to in subsection (2), the primary objects take precedence”.
1.16. The Director General recently published a note providing advice to
applicants for a liquor licence on the Department of Racing, Gaming and
Liquor website (http://www.rgl.wa.gov.au/). In that note, the Director
made the following comments;
1.16.1. “The public interest, as ascertained from the scope of purpose of
the Act, involves catering for the requirements of consumers of
liquor and to have liquor outlets consistent with good order and
Page 4 of 72
proprietary in relation to the distribution and consumption of
liquor.”
1.16.2. “The proliferation of liquor outlets is not in the public interest. To
increase the number of licensed premises without any real and
demonstrable
consumer
requirement,
would
represent
proliferation without justification.”
1.16.3. “The licensing authority must also weigh and balance the
requirements of consumers against the object of minimising harm
or ill-health caused to people, or any group of people due to the
use of liquor.”
1.16.4. “For an applicant to discharge its onus under section 38(2), it must
address both positive and negative impacts that the grant of the
application will have on the local community.”
1.16.5. “This means applicants must adduce sufficient evidence to
demonstrate the positive aspects of their application, including
that the proposed licence will cater for the requirements for
consumers for liquor and related services. The Liquor Commission
has determined that failing to do this means “...the granting of
licences under the Act would become arbitrary and not in
accordance with the objects of the Act.” (LC 32/2010:Element WA
Pty Ltd)
1.17. Minister Waldron stated in his 18th November 2014 media statement “the
Government’s response to the review can be characterised as a balanced
approach to consumer expectations, red tape reduction and targeted harm
minimisation strategies”.
1.18. Through these submissions the applicant will demonstrate how this
proposed tavern will properly and responsibly cater to the diverse
consumer requirements for alcohol and related services in Karratha.
Page 5 of 72
2.
The Locality
2.1.
In defining the “locality” affected by the application, guidance has been
provided by the Director’s policy - Public Interest Assessment last amended
on 31th August 2015.
2.2.
The policy states that:
2.2.1.
“As part of a PIA submission, applicants must provide details
regarding the community in the vicinity of the licensed premises
(or proposed licensed premises) and any amenity issues in the
locality.
2.2.2.
The term “locality” in this instance refers to the area surrounding
the proposed licensed premises. This locality will be the area most
likely to be affected by the granting of an application in relation
to amenity issues.
2.2.3.
However, in terms of potential harm or ill-health impacts on the
community an applicant may need to consider a wider geographical
area depending on the intended nature of the business”.
2.3.
As stated in paragraph 1.1 the subject premises is located at No. 1
Sharpe Avenue, Karratha.
2.4.
Information published by the City of Karratha in its “Economic
Prospectus 2015” states that:
2.4.1.
Karratha is the largest town in the City of Karratha comprising the
suburbs of Bulgarra, Pegs Creek, Millars Well, Nickol, Nickol West,
Baynton, Baynton West and Tambrey.
2.4.2.
It is the main service centre in the West Pilbara.
2.4.3.
It has a current population of nearly 20,000 and has an aspirational
target of 50,000 via the Karratha City of the North Plan.
2.4.4.
It has range of services and facilities including a regional hospital,
airport, major shopping centre, sports facilities, Institute/high
school campus, aquatic centre and key government agencies.
http://www.karratha.wa.gov.au/sites/default/files/uploads/CK10
311%20PROSPECTUS%20UPDATE%202015%20v2.pd
2.5.
The City of Karratha (formerly the Shire of Roebourne) is Western
Australia’s newest city. Information published by the Department of
Defence(http://www.defence.gov.au/whitepaper/docs/186CityofKarratha.pdf ) states that:
2.5.1.
Described as the “Powerhouse of the Pilbara”, the City of Karratha
is located in the dynamic Pilbara region of Northwest Western
Australia (WA).
2.5.2.
Located 1,200 kilometres north of Perth, the City of Karratha
covers a massive 15,278 km2. It is bounded by the Indian Ocean in
the north and west, the Town of Port Hedland in the east, and the
Shire of Ashburton in the south.
Page 6 of 72
2.6.
The location of the town of Karratha in The City of Karratha is shown
in the map below.
Subject
premises
located here
2.7.
To assist in further defining the locality it is useful to examine the
following factors;
2.7.1.
The physical location of the subject premises;
2.7.2.
The presence of natural or human made boundaries that effectively
separate one local community from another; and
2.7.3.
The perception of the local community and/or key advisers relevant
to that community.
2.8.
The physical location of the subject premises
2.9.
The satellite image below taken from Google maps shows the location
of the proposed premises and the immediate vicinity.
Page 7 of 72
Subject premises
2.10. As shown in the image above, the proposed premises is located at the
corner of Sharpe Avenue and Hillview Road. Also located nearby is Karratha
City, the largest shopping centre in the Pilbara region as well as other
commercial and retail businesses.
2.11. An article published in the West Australian newspaper states that Sharpe
Avenue has been transformed as part of the $65 million redevelopment of
Karratha
funded
by
the
Royalties
for
Regions
program
(https://au.news.yahoo.com/thewest/wa/a/20104757/wa-boomtransforms-karratha/)
2.12. This transformation is shown in the images below sourced from Nearmaps:
2.12.1. The Quarter, 24 Sharpe Avenue
November 2014
Page 8 of 72
October 2015
2.12.2. Pelago Apartments, 26 Sharpe Avenue
August 2012
Page 9 of 72
October 2015
2.13. The article mentioned in the paragraph 2.11 above also states that Sharpe
Avenue has become “Karratha’s new main street” with “a great mix of
shops, offices, entertainment and, of course, inner-city living".
2.14. Pelago West and Pelago East apartment complexes, completed in 2012 and
2013 respectively, were commissioned by the WA Government in 2010 as
part of the Pilbara Cities' long-term initiative to turn Karratha into the City
of the North, with a proposed future population of 50,000.
2.15. Information posted on the website http://www.pelago.com.au/about
states that:
2.15.1. “Pelago Apartments offer a unique lifestyle, never before seen in
Karratha
2.15.2. Located on the newly redeveloped Sharpe Avenue, residents are
central to cafes, shopping and nightlife”
2.15.3. Fully appointed, air-conditioned and dehumidified luxury 1, 2 and
3 bedroom apartments.
2.15.4. Resort-style amenities include pools, spa, sauna, fully-equipped
gymnasium and children's play equipment”
2.16. The images below from Google show the Pelago West and Pelago East
apartment complexes.
Page 10 of 72
Pelago East complex, 26 Sharpe Avenue; 12 commercial & 120 apartments
Pelago West complex, 23 Sharpe Avenue; 20 commercial & 160 apartments
2.17. The Quarter, located on 24 Sharpe Avenue, is another development project
that is an integral part of the Karratha City of the North (KCN) Plan stated
in paragraph 2.14. The project is due for completion in April 2016.
2.18. Information posted on the Mirvac website states that the The Quarter will
be a destination for businesses, visitors and the community.
(http://www.karrathaquarter.com.au/About/Location/ )
2.19. Phase one of The Quarter project comprises the commercial precinct “The
Quarter HQ” and the Quarter apartments. “The Quarter HQ” comprises a
four storey commercial building consiting of ground floor retail, cafes,
restaurants and a further three levels of office floorspace. A four storey car
park is also included. The accomodation comprises 46 single bed units
purposely built to accommodate the service workers of Karratha.
2.20. Below is an image of the construction at The Quarter, Karratha taken
February 2016.
Page 11 of 72
Construction at The Quarter, Karratha. Image taken February 2016
(http://www.karrathaquarter.com.au/Development-Progress/ImageGallery/ )
2.21. It is clear from the images above that these new developments have
transformed the centre of Karratha generally, and Sharpe Avenue
specifically. These developments are very close to the subject premises.
2.22. The presence of natural or human made boundaries that effectively
separate one local community from another
2.23. The proposed premises is zoned “City Centre Precinct 2 – Commercial”
under Town Planning Scheme (TPS) 8. This is shown in the image below:
Karratha City Centre and Precinct Boundaries
Subject premises
Page 12 of 72
Source:http://karratha.wa.gov.au/sites/default/files/uploads/dp1%20karr
atha%20city%20centre%20development%20policy.pdf
2.24. The “City Centre Precinct 2- Commercial” zone where the subject premises
is located is effectively bounded and separated from the main residential
areas by Welcome Road and Dampier Highway to the south, Balmoral Road
to the West and Searipple Rd to the East and Warambie Road to the North.
2.25. The objectives of the of the “City Centre Precinct 2- Commercial” zone as
outlined in Clause 6.6A of the Town Planning Scheme (TPS 8) include “to
create a vibrant and safe City Centre with a diversity of land uses
including residential, commercial, retail, entertainment and civic uses.”
2.26. As stated in paragraph 1.3, part of the premises (Lot 3 on Strata plan
22706) was formerly a licensed restaurant known as The Icon Bistro which
was operated by the applicant.
2.27. A change of use approval from “Restaurant” to “Tavern” was issued by the
City of Karratha on 17/09/2012.
2.28. In considering the change of use approval, the council issued a report
(available at
http://karratha.wa.gov.au/sites/default/files/documentcentre/2012-09-Late_Item_18.1_-_Icon_Change_of_Use.pdf which states
that:
2.28.1. “In June 2010 Council unanimously endorsed the ‘Karratha City of
the North Plan’ (KCN Plan). The KCN Plan produced by the Shire (in
partnership with Landcorp) consists of three parts being the
“Implementation Plan”, the “City Growth Plan” and the “City
Centre Master Plan”.
2.28.2. The city centre master plan illustrates how the existing town
centre can be modernized and transformed into a vibrant and
attractive city centre.
2.28.3. It is considered that the proposed ‘Change of Use’ from
‘Restaurant’ to ‘Tavern’ complies with this objective of the KCN
Plan and the proposal will contribute to the revitalization of
Karratha’s City Centre.”
Page 13 of 72
2.29. The report also states that :
2.29.1. “The subject site is located south of the “Entertainement
Precinct” under TPS 8.
2.29.2.
The objective of this precinct is in part to support and encourage
development that will invigorate the public domain and capitalise
on open spaces and natural views. This will include cafés and
restaurants with alfresco dining, bars and entertainment venues.”
2.30. The perception of the local community and/or key advisers relevant to
that community
2.31. The applicant took the time to distribute an Intended Manner of Trade
document and a questionnaire to a representative selection of customers
who live or work in the locality. The completed questionnaires are
attached to the submissions.
2.32. The witnesses had the following to say, when asked “If you live/work in or
close to No 1 Sharpe Avenue, describe the nature of the locality and
surrounding area;
2.32.1. Chris Adams, CEO - City of Karratha said, “Onyx is within this
growing, diversifying, Karratha Central Business District.”
2.32.2. B. Greensill said, “Sharpe Avenue is now the main street of the
city.”
2.32.3. T. Kitching said, “Commercial shopping area.”
2.32.4. R. Naulls said, “It is town centre with mixture of retail,
commercial premises & major shopping & Bar precinct.”
2.32.5. L. Joseph said, “Retail/commercial.”
2.33. For the purposes of demographic analysis (section 3 of these submissions)
guidance has been provided by The Director’s policy, ‘Specification of
Locality’ “Attachment 2” which states that:
2.33.1. “In regard to country cities, towns or communities, unless
remotely located or the licensing authority determines otherwise,
the locality is to be a radius of 3km from the site of the intended
business.”
2.33.2. “Where a premises/proposed premises is remotely located; that is,
200kms or beyond from the nearest town or country city, and more
than 400kms from Perth, the applicant is to make a submission to
the licensing authority regarding the appropriate size of the
locality to suit the intended nature of the business.”
2.34. Applying the Director’s policy to this application it is clear that:
2.34.1. Karratha is located in the Pilbara region of WA which is considered
a remote area but the premises are located within Karratha town,
therefore, they cannot be defined as remotely located as stated in
paragraph 2.33.2.
Page 14 of 72
2.34.2. For this application, therefore, a 3km radius from the premises will
be applied for the locality.
2.35. The following map, as taken from the Google Maps website shows the
location of the proposed premises. Additionally, the map also
illustrates the area encompassed by the 3km radius.
Subject
premises
located here
2.36. The applicant states that for the purposes of the demographic analysis
(section 3 of these submissions), the locality will be set as Karratha Urban
Centre/Locality (UCL) because it conveniently covers all the settlement
areas in Karratha township and neatly encapsulates the defined locality.
2.37. The map shown below, taken from the ABS website shows the Karratha
Urban Centre/Locality (UCL):
2.38. The Director’s public interest assessment policy requires applicants for
liquor licences which allow the consumption of liquor on premises, to
Page 15 of 72
consider existing similarly licensed venues within 500 metres of
subject premises.
the
2.39. Therefore, for the outlet density study required for these submissions, the
applicant will consider other similarly licensed premises within a 500m
radius.
Page 16 of 72
3. Demographics of the Locality
3.1.
The impact of this application on the community within the specified
locality is something that any applicant must consider, and is considered
here by this applicant.
3.2.
The Alcohol Support Plan 2012-2015 (the Alcohol Support Plan) issued by
Drug and Alcohol Office, summarises the key objectives and supporting
initiatives that will be pursued over the coming years to prevent and
respond to problematic alcohol use.
3.3.
The Alcohol Support Plan is a supporting document to the Drug and Alcohol
Interagency Strategic Framework for Western Australia 2011-2015 (the
Interagency Strategic Framework), which seeks to prevent and reduce the
adverse impacts of alcohol and other drugs (AOD) in Western Australia
(WA).
3.4.
The Director’s policy document on Public Interest Assessments states “In
regard to ‘at risk’ groups and sub-communities, these have been identified
under the Drug and Alcohol Interagency Framework for Western Australia
2011-2015 and may include:
3.4.1.
Children and young people.
3.4.2.
Aboriginal people and communities.
3.4.3.
People form regional, rural and remote communities;
3.4.4.
Families;
3.4.5.
Migrant groups from non-English speaking countries;
3.4.6.
People in low socio-economic areas;
3.4.7.
Mining communities or communities with a high number of
itinerant workers; and/or
3.4.8.
Communities that experience high tourist numbers.”
3.5.
In an email on 17th March 2015 the applicant received confirmation from
the Drug and Alcohol Office (DAO) that this was the most current report
available.
3.6.
In September 2014, the applicant sought clarification from the Drug and
Alcohol office regarding the definition of the term “family” as used in the
Western Australia Drug and Alcohol Strategy 2005 -2009 document.
3.7.
The Drug and Alcohol Office replied that “a specific definition of family is
not provided in the Strategy document. There are a number of reasons for
this, including:
3.7.1. Recognition of the cultural diversity in Western Australia and that
the definition of family can be different for different cultures.
3.7.2. Recognition that the impact of an individual’s drug and alcohol use
is not always confined to a household or what has in the past been
defined as the ‘immediate family’ – it can impact more broadly on
family members who are external to a household. For example
Page 17 of 72
Grandparents, Aunts and Uncles are commonly reported to be
impacted upon.
3.7.3. Recognition that not all families are biologically related but can
still be impacted on by an persons drug or alcohol use – for
example step children/guardians.”
3.8.
With such a broad definition it is impossible for the applicant to identify or
quantify this priority group in the locality.
3.9.
For the purpose of this demographic study, the applicant has selected
relevant Census topics from the Australian Bureau of Statistics (ABS)
website (www.abs.gov.au) to provide an indication of the prevalence of
each of the priority population groups within the locality.
3.10. The ABS divides Western Australia into two parts, as follows:
3.10.1. Greater Perth; and
3.10.2. Rest of WA.
3.11. The proposed licensed premises are located within the Pilbara, which is
located in the “Rest of WA”.
3.12. Therefore, for this study the applicant has compared selected topics from
the 2011 ABS Census data for the area that represents the locality as stated
in paragraph 2.36 with the same information for the State and the Rest of
WA to build up a demographic snapshot of the locality.
3.13. Therefore, the areas being considered are:
3.13.1. The Karratha Urban Centre/Locality; and
3.13.2. The Rest of WA
3.13.3. Western Australia
3.14. The information has been placed in the following table.
ABS Census 2011
Karratha Urban
Centre & Locality
Rest of WA
Western
Australia
(locality)
Total Persons
Aboriginal
&
Torres
Strait Islander people
16, 475
502,594
2,239,170
5.3%
8.4%
3.1%
12.7%
11.8 %
13.7%
41.0%
28.8%
29.1%
4.2%
17.0%
17.7%
60.5%
74.2%
62.9%
Age
15-24 years
Age
25-44 years
Age
60+ years
Country of birth
Australian born
Page 18 of 72
ABS Census 2011
Karratha Urban
Centre & Locality
Rest of WA
Western
Australia
(locality)
Language,
English only spoken at
home
72.3%
84.5%
79.3%
2.4%
4.4%
4.7%
76.6%
62.4%
60.7%
14.0%
25.6%
28.1%
37.5%
21.2%
20.8%
1.2%
15.6%
15.7%
8.1%
7.5%
3.3%
53.9%
42.6%
44.9%
8.2%
14.3%
14.5%
$2,870
$1,253
$1,415
4.8%
24.3%
21.1%
$131
$180
$300
mortgage
$3,094
$1,627
$1,950
Households
where
mortgage
repayments
are less than 30% of
household income
95.7%
92.7%
89.8%
Households
where
mortgage
repayments
are 30% or greater of
household income
4.3%
7.3%
10.2%
Employment
Unemployed
Employment
Worked full-time
Employment
Worked part-time
Employment status
couple families
of
Both employed worked
fulltime
Employment status
couple families
of
Both not working
Occupation
Metal ore mining
Family composition
Couple
children
family
with
Family composition
One parent family
Median weekly income
Household
Household income
Less than $600 gross
weekly income
Rent weekly payments
Median rent
Median
repayments
Page 19 of 72
ABS Census 2011
Karratha Urban
Centre & Locality
Rest of WA
Western
Australia
(locality)
Aboriginal
&
Strait Islander
Medium
income
Torres
$2,115
$958
$1,043
$2,817
$1,451
$1,733
household
Aboriginal
&
Strait Islander
Torres
Medium
monthly
mortgage repayment
3.15. The purpose of considering the demographic data for the locality is to
establish whether the ‘at risk’ groups and sub-communities identified in
paragraph 3.4 above are over or under represented.
3.16. Children and young people;
3.16.1. In 2011, the percentage of people aged between 15-24 years in
the locality was lower at 12.7% than the State at 13.7%, and
higher than the figure for the Rest of WA (11.8%) The percentage
of people aged between 25 and 44 in the locality was also
significantly higher, at 41%, than the State (29.1%) and the Rest of
WA (28.2%).
3.16.2. Conclusion - The priority population group is under-represented
in the locality compared to the State. The locality also has a
higher percentage of middle-aged adults than the State and the
Rest of WA, and this is the target population for this proposal.
3.17. Aboriginal people and communities;
3.17.1. In 2011, the number of aboriginal persons in the Karratha Urban
Centre/Locality was higher at 5.3% than the figure for the State
(3.1%), but much lower compared to the figure for the Rest of WA
(8.4%).
3.17.2. Conclusion – This group is over-represented in the locality
compared to the State.
3.18. People from regional, rural or remote communities;
3.18.1. The locality is not a rural or remote area.
3.18.2. It is as stated in paragraph 2.4.1 and 2.42, Karratha is the largest
town in the City of Karratha and the main service centre in the
West Pilbara.
3.18.3. Conclusion - The proposed location is a major regional town
and the proposed premises are not remotely located.
Page 20 of 72
3.19. Migrant groups from non-English speaking countries;
3.19.1. In 2011, the percentage of people born in Australia in the locality
(60.5%) was lower than for the State (62.9%) and the Rest of WA
(74.2%). The percentage of households where English is spoken as
a first language was also lower at 72.3% compared to the State
(79.3%) the Rest of WA at 84.5%.
3.19.2. Conclusion – this group is over-represented in the locality.
3.20. People in low socio-economic areas;
3.20.1. In 2011, the percentage of couple families with children in the
locality was much higher at 53.9% than for the State (44.9%) and
the Rest of WA (42.6%). The locality also had a lower percentage
of one parent families (8.2%) compared to the State (14.5%) and
the Rest of WA (14.3%).
3.20.2. The percentage of couples who both worked full-time in the
locality was much higher at 37.5% when compared to the State
(20.8%) and the Rest of WA figure of 21.2%.
3.20.3. In 2011, the percentage of people who worked full-time in the
locality was 76.6%, which was much higher than the State (60.7%)
and the Rest of WA figure of 62.4%.
3.20.4. The percentage of people who were unemployed in the locality
was very low at 2.4%, as compared to the State (4.7%) and the
Rest of WA figure of 4.4%.
3.20.5. In 2011, the percentage of people who worked part-time in the
locality was 14.0%, which was much lower than the State (28.1%)
and the Rest of WA figure of 25.6%.
3.20.6. The median weekly household income the locality at $2,870 was
almost double the figure for the State ($1,415) and the Rest of
WA ($1,253). There were also very few households in the locality
(4.3%) earning less than $600 gross weekly as compared to the
State (21.1%) and the Rest of WA (24.3%).
3.20.7. The median household income for Aboriginal and Torre Strait
Islanders for the locality ($2,115) was also more than twice the
figure for the State ($1,043) and the Rest of WA ($958).
3.20.8. The locality also showed less mortgage stress when compared to
the State and Rest of WA, with a higher percentage of households
where mortgage repayments were less than 30% of household
income and a lower percentage of households where mortgage
repayments were greater than 30% of household income.
3.20.9. The median monthly mortgage repayments for Aboriginal and
Torre Strait Islanders for the locality was higher than the figure
for the State and almost double the figure for the Rest of WA.
3.20.10. Conclusion - The ABS 2011 Census data shows that compared
to the State and the Rest of WA, employment in the locality is
strong and in general the population including Aboriginal and
Page 21 of 72
Torre Strait Islanders is affluent. The low unemployment figure
is consistent with information published in a report compiled
by the Department of Employment which states, “In the 2015
December quarter, the unemployment rate in the City of
Karratha was 2.55%.
The unemployment rate is derived from the ABS labour force
survey and Centrelink data and compiled by the Department
of Employment. It is published quarterly in the Small Area
Labour Markets publication, for Local Government Areas.”
This report is available at:
https://docs.employment.gov.au/system/files/doc/other/small_
area_labour_markets_-_december_quarter_2015.pdf
3.21. Mining communities;
3.21.1. In 2011, the percentage of people working in metal ore mining in
the locality was 8.1% which was higher compared to the figure for
the State at 3.3% and the Rest of WA at 7.5%.
3.21.2. Conclusion – this group is over-represented in the locality.
3.22. Itinerant workers;
3.22.1. The ABS does not provide data for itinerant workers.
3.23. Communities that experience high tourist numbers;
3.23.1. The ABS does not provide data for tourist numbers.
3.23.2. The Pilbara is a recognised tourist area receiving over 700,000
annual visitors according to a report by the Pilbara Development
Commission, but the annual number of visitors to Karratha is a
low 50,000 according to the City of Karratha Tourism and Visitor
profile 2014 available at:
http://www.pilbararesearchonline.com.au/wpcontent/uploads/2015/02/City-of-Karratha-Tourism-Profile2014.pdf
3.23.3. Conclusion – this group is under represented in the locality.
3.24. In summary it can be said that the locality is stable and affluent. However,
compared to the State, there is an over-representation of at risk-groups
including aboriginal people, migrants and people working in the mining
industry. The applicant has considered strategies that will minimise harm
or ill-health to these at-risk groups and these are presented in section 9 of
these submissions.
3.25. Some media reports have reported that the mining boom is over and this
will adversely affect the economy of regional towns like Karratha which are
located in the Pilbara. However, as stated in paragraph 3.20.10, a recent
report compiled by the Department of Employment states that the
unemployment rate in the City of Karratha is 2.55% which is much lower
than the State rate (4.4%) and the Rest of WA (4.7%)
Page 22 of 72
4.
Outlet Density Information
4.1.
In this section, the applicant reports on the location, listing existing
licensed premises within 500 metres of the premises and highlighting the
diversity of the current services.
4.2.
According to the policy document “Public Interest Assessment”, the
applicant (if they do not intend to sell packaged liquor) is required to
consider existing licensed premises within 500 metres of the proposed
premises. An application for a tavern restricted licence does not allow the
sale of packaged liquor.
4.3.
The following map, as taken from the Google Maps website shows the
location of the proposed premises within the area encompassed by the
500m radius.
4.4.
In April 2016, the applicant searched the website of the Department of
Racing, Gaming and Liquor, for existing liquor licenses within a 500m radius
of the proposed premises.
Page 23 of 72
4.5.
After eliminating any suspended, cancelled or surrendered licenses, the
applicant then eliminated any that may not trade in a manner similar to a
tavern restricted licence.
4.6.
The applicant then investigated whether the remaining licensed premises
fall within the set 500m locality radius.
4.7.
As a consequence of this process, the following outlets were identified that
may trade in a manner similar to a tavern restricted licence and are shown
in the table below.
4.8.
Premises ID
Type
Premises
name
Address
6010016170
Hotel
Ibis Styles
Hotel
Lot 1079 Searipple Road
KARRATHA WA 6714
6010027433
Hotel
Karratha
Cnr Hillview & Millstream Roads
International KARRATHA WA 6714
Hotel
6340144437
Small Bar
Blanche Bar
U119 Pelago Centre Warambie Rd
KARRATHA WA 6714
Shown below is a map which shows the approximate location of the three
licensed premises that are within a 500m radius of the proposed premises.
Subject premises
Key
Karratha International Hotel
Ibis Styles Karratha
Blanche Bar
Page 24 of 72
4.9.
Sean Throssell, of the applicant, who has been in involved in the hospitality
industry for the past 10 years in Karratha and has resided in Karratha since
1982, provides the following comments about the licensed premises
identified in paragraph 4.8 above:
4.10. Karratha International Hotel:
4.10.1. Predominantly caters for house guests;
4.10.2. The venue has lost its popularity with Karratha locals;
4.10.3. Their A-La-Carte restaurant has been closed since February 2015
and offers a limited menu mainly to cater to house guests. The
bistro menu and poolside pizza are all ordered from the bar. There
is no table service offered for drinks; and
4.10.4. The sports bar is now permanently closed.
4.11. Ibis Styles Karratha;
4.11.1. Accommodation focused and mainly caters to the corporate and
business sector;
4.11.2. Bistro menu caters mainly to house guests with some local
patronage;
4.11.3. Has a limited bar menu;
4.11.4. Has little interaction with the local community. The IBIS Styles is a
large global hotel chain and their business focus in Karratha is
centred on corporate accommodation; and
4.11.5. The Ibis Styles public bar is the main venue in Karratha for DJ /
Electronic Music Events and caters to the 18-25 age group market.
The sports bar is dated and has a focus on pool tables. The bar also
adjoins a large TAB and the venue tends to cater more to the
market that supports the TAB.
4.12. Blanche Bar:
4.12.1. Features Spanish style tapas bar menu and pub fare; and for the
past 6 months has had a focus on heavily discounted food to attract
patrons;
4.12.2. 100-patron capacity with no children’s menu and does not promote
a family friendly environment; and
4.12.3. Very limited entertainment options due to its location and noise
restrictions. Blanche Bar is located within the Pelago Complex that
comprises of two 6-storey residential apartment buildings.
4.13. The applicant states that the proposed venue will not set out to copy or
duplicate the existing market.
4.14. The proposed venue will be different in the following ways:
4.14.1. It will offer a full restaurant menu with table service combined
with a separate casual bistro style menu in the alfresco area;
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4.14.2. It will offer an entertainment package featuring live acoustic
music in a shaded smoke-free alfresco area;
4.14.3. Currently this combination is not offered by any other licensed
venue in Karratha;
4.14.4. The aim is to offer residents and visitors in Karratha an experience
that is on par with some of Perth’s premier licensed venues such as
the Brisbane Hotel, The Breakwater (Hillarys) and the Merrywell at
Crown Perth.
4.15. Witnesses were asked if they were satisfied with the licensed premises
(hotels, taverns and small bars) available to them now in Karratha.
4.15.1. T. Kitching said, “No, the Karratha Tavern is more suited to male
workers (i.e. skimpy barmaids, etc.) The Blanche & Tambrey does
not have a suitable indoors area.”
4.15.2. K. Davies said, “No- Karratha Tavern too male oriented. Ibis Styleslack of customer service; major RSA issues with staff.”
4.15.3. E. Anderson said, “There is no quality family place that offers
large areas for functions & entertainment that is secure &
comfortable.”
4.15.4. L. Joseph said, “No we need somewhere that is hi-vis free and
caters for intimate dining as well as groups.”
4.15.5. E- Barington Shaw said, “No! Limited selection of dining and being
able to cater for large groups.”
4.15.6. M. Thompson said, “No limited selection in town, struggle to get
consistent quality meals.”
4.15.7. N. May said, “Not really, there’s a missing area for the 30-40-50 yr
looking to enjoy good food and music.”
4.16. In their questionnaire, when asked to state what they believe is different in
the proposed tavern compared to other licensed premises in the locality,
the witnesses had the following comments:
4.16.1. Chris Adams, CEO City of Karratha said, “Premium quality,
attracting different clientele than current “pub” scene.”
4.16.2. Peter Long, Mayor, City of Karratha said, “Alfresco & the outdoor
band area is a real point of difference.”
4.16.3. The President of the Karratha Basketball club said, “The function
area would cater for our clubs needs. And having a choice would
also be very nice.”
4.16.4. D. Munro said, “I think it will be a little more upmarket yet still
family friendly & smoke free. Entertainment sounds like it will be
aimed at older market (instead of just DJ’s) which suits my
husband & I more.”
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4.16.5. N. Adamson said, “The Onyx is catering for everyone, whether you
are a couple, group of friends, or work function which is surely
lacking in this town.”
4.16.6. L. Joseph said, “I believe this is different from other premises in
Karratha as it is not just somewhere for people to drink and is also
focussing on entertainment.”
4.16.7. R. Naulls said, “The difference is it will cater for families, up
market dining, social events and entertainment in the town
centre.”
4.16.8. E- Barington Shaw said, “Great range of food, family friendly. Only
steakhouse in Karratha. Large upmarket restaurant.”
Page 27 of 72
5.
Population Growth & Development in Karratha
5.1.
As stated in paragraph 2.36 of these submissions, for the purposes of
the demographic analysis (section 3 of these submissions), the locality
will be set as Karratha Urban Centre/Locality (UCL).
5.2.
In this section, the applicant demonstrates population growth and
development in the locality.
5.3.
Population in the locality has grown steadily since 2001. The figure
below shows population growth based on figures sourced from ABS
census data 2001, 2006 and 2011.
5.4.
The Karratha City of the North (KCN) plan (launched in 2010) is a
central component of the Government's 'Pilbara Cities’ initiative
mentioned in paragraph 2.14. The KCN Plan is a ‘business plan’ for
delivering the Pilbara Cities Vision to create Karratha as a City of the
North.
5.5.
The vision for the KCN plan is stated as:
“A liveable, compact, Regional City of 50,000+ people, with a
diversified economy, a healthy local community which demonstrates
demographic balance, affordability, high quality amenity, and
infrastructure. It is a place of choice, to work, visit, grow up, raise
families and age gracefully.”
http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/dis
playpaper/3912622c797889d1b7d1180d48257e050007c62a/$file/tp2622.pdf
5.6.
A key project highlight of the KCN is the Karratha Town Centre
Revitalisation. Information published by the Department of Regional
Development, Government of Western Australia available at
http://www.drd.wa.gov.au/projects/EconomicDevelopment/Pages/Pil
bara-town-and-city-centre-revitalisations.aspx states that:
Page 28 of 72
5.6.1.
In 2009, Royalties for Regions provided $74.6 million to LandCorp to
deliver a highly functional, pedestrian-friendly city centre for
Karratha where public facilities, amenities and businesses are more
accessible.
5.6.2.
Key works included the extension of Sharpe Avenue (to the north
and to the south as far as Dampier Highway) to create a city main
street and Karratha Terrace, a new east-west link. Sharpe Avenue
was completed in November 2013 with Karratha Terrace (East)
development ongoing.
5.6.3.
A further $101.4 million from Royalties for Regions was invested for
LandCorp to provide roads and services for the future Karratha
Health Campus on the corner of Balmoral and Warambie Roads.
5.6.4.
The image below shows the redeveloped Sharpe Avenue.
Source: http://www.landcorp.com.au/Industrial-and-Commercial/KarrathaRevitalisation/
5.7.
Information published by Landcorp on Karratha City Centre
revitalisation states that the following projects are planned for 2016:
5.7.1.
The next stage of The Quarter will include a public square which
will offer dynamic spaces for market stalls, live performances,
exhibitions and shaded areas for people to relax. It is anticipated
that will be completed mid-2016. The image below shows an
artist’s impression of the Karratha Quarter.
Page 29 of 72
Source: http://www.landcorp.com.au/Industrial-and-Commercial/KarrathaRevitalisation/
5.8.
5.7.2.
There is still more work happening on Karratha Terrace to extend it
all the way from Balmoral Road to Searipple Road by 2017. The first
phase of the Karratha Terrace east extension will be the
realignment of Hedland Place which is due to be complete in 2016.
5.7.3.
Construction of a new park and public artwork on the corner of
Welcome Road. Nicknamed ‘Welcome Park’ will be a new public
space for residents that will create a memorable impression for
visitors driving into Karratha’s revitalised city centre. Construction
of the parkland is expected to start mid-2016.
The images below, sourced from Google show the transformation of
Karratha city centre as a result of the Pilbara Cities initiative:
Page 30 of 72
source: http://www.slideshare.net/informaoz/matt-read-landcorp
5.9.
As stated in paragraph 2.4.2, Karratha is the main service centre in the
West Pilbara. The Department of State Development released
economic performance data for WA regions including minerals &
petroleum sales, unemployment and population growth. The data
clearly shows that the Pilbara continues to have by far the largest sales
of minerals and petroleum products, the lowest unemployment and
third highest population growth for the previous 12 months to
November 2015. This is shown in the charts below sourced from The
City of Karratha website:
Page 31 of 72
Page 32 of 72
5.10. Conclusion –The applicant would like conclude this section by stating
that:
5.10.1. There is no doubt that Karratha has experienced strong population
growth and development in the last few years;
5.10.2. The developments are geared towards establishing Karratha as a
major regional city and are focused on improving facilities and
services for the residents of and visitors to Karratha;
5.10.3. Although some media reports suggest that the mining boom is over
and this will impact the growth of regional centres like Karratha
which are in the Pilbara, the applicant states that this proposal is
not targeted at FIFO workers.
5.10.4. As stated in section 4, the aim is to offer residents of and visitors to
Karratha a different kind of venue that combines quality food and
entertainment in a comfortable environment.
5.10.5. The witness comments stated in paragraphs 4.15 and 4.16 show
that there is a need for a different kind of venue in Karratha that is
not “pub style” and does not have “skimpy barmaids”.
Page 33 of 72
6.
History and Motivation for “The Onyx”
6.1.
The applicant states that it is motivated to deliver a vibrant new and
diverse food, entertainment and event venue to the City of Karratha.
6.2.
As shown in section 4 of these submissions, the existing premises in the
locality are geared towards the FIFO workers and tourists and do not offer
the residents a family-friendly venue with a comprehensive package
combining full restaurant menu with table service, casual bistro style menu
and live acoustic music in a shaded smoke-free alfresco area.
6.3.
The proposed venue is strategically located at 1 Sharp Avenue and as stated
in paragraph 2.13, Sharpe Avenue has become “Karratha’s new main
street” with “a great mix of shops, offices, entertainment and, of course,
inner-city living".
6.4.
The applicant states that 1 Sharpe Ave, where the proposed premises is
located, is about to undergo a total external refurbishment to ensure it fits
in with the new look city centre.
6.5.
The applicant has provided details of the project as follows:
6.6.
6.5.1.
The external refurbishment will be a joint project between the
Strata Owners and will be project managed by LE Roberts Drafting
& Design. The builder will be GS Weston, a local Karratha Builder
who specialises in Commercial Buildings, and has operated in
Karratha since 1998.
6.5.2.
The external building works are likely to commence in October
2016. These works will not impede on this stage (Stage 1) of the
proposed application process as stated in paragraph 1.5.
The proposed tavern will also be situated on the doorstep of the City of
Karratha’s new showcase $55 million dollar performing arts centre. As
shown in the image below supplied by the applicant, the proposed venue is
120 metres from the new centre.
Page 34 of 72
6.7.
Below is artist’s impression of the Karratha Arts and Community Precinct
sourced from the City of Karratha website.
6.8.
The applicant states that:
6.8.1.
“Part of our business plan is focused on catering to the patrons who
will be using the new centre, and
6.8.2.
The centre will comprise of a 450 seat roof top open air cinema, a
function space catering for up to 500 people and a 400 seat
performing arts centre.”
Page 35 of 72
6.9.
The applicant’s marketing plan includes offering pre-purchase tickets for
events to be held at the new centre as dinner/show packages:
6.9.1.
The applicant states that it has consulted with the City of Karratha
and expressed its interest in pre-purchasing tickets for upcoming
shows at the new Performing Arts Centre.
6.9.2.
The proposed venue would then offer dinner/show packages for
pre-show and after show;
6.9.3.
These packages would not involve any promotion or discounting of
alcohol.
Page 36 of 72
7.
Proposed Style of Operation
7.1. The proposed tavern will deliver a vibrant, new and diverse food,
entertainment and event venue to the City of Karratha.
7.2. The applicant states that “The Onyx” will be a unique venue to Karratha as
it will offer a diverse range of food, entertainment and function/events
options in the one venue.
7.3. The proposed premises has been designed as an entertainment complex
consisting of three distinct venues:
7.3.1.
A high-end steakhouse restaurant with seating for up to 110
patrons;
7.3.2.
A 300sqm under-cover “family friendly” and smoke free alfresco
area comprising of an outdoor kitchen, separate bar and toilet
facilities; and
7.3.3.
A 100sqm multi-purpose private function room complete with a bar
and the latest audio visual facilities.
7.4. STEAKHOUSE RESTAURANT;
7.4.1.
The design of the restaurant has been inspired by venues like The
Breakwater & Brisbane Hotel and the applicant states that it will
work closely with architects and designers to ensure a high
standard of finish and fit-out of the venue similar to the images
shown below.
Page 37 of 72
7.4.2.
The 110-seat A-La-Carte steakhouse restaurant will feature a
modern Australian menu showcasing a broad selection of Australian
beef and West Australian seafood (Attachment 2).
7.4.3.
The menu will also include a selection of classic and fine dining
cuisine complemented by a selection of entrées, share plates &
desserts.
7.4.4.
The kitchen team under the leadership of Onyx Group Executive
Chef Jon Conway have been working together for the past 10 years
Page 38 of 72
in Karratha with majority of the team having previously worked at
the renowned Icon Restaurant and Onyx Café.
7.4.5.
Conway was head chef at the Icon from 2007 to 2013 and over the
past ten years the Icon had built up an enviable reputation for
always providing the public, corporate and event sectors of
Karratha with a diverse range of high quality food and catering.
7.4.6.
Conway is currently head chef for Onyx Events, Karratha’s premier
event company.
7.5. The restaurant will offer an extensive beverage range (Attachment 3). This
includes:
7.5.1.
Craft, local and imported draught beer;
7.5.2.
A diverse selection of boutique West Australian and Australian
wines specifically matched to foods on the menu;
7.5.3.
Spirits and classic cocktails;
7.5.4.
Non-alcoholic beverages including espresso coffee, soft drinks,
juice and filtered water will always be available to customers.
7.6. Regular wine tasting events are also planned to enable customers to enjoy
and experience new and innovative wines.
7.7. The restaurant will cater for local and corporate groups and the seating
arrangements will allow Onyx to cater to groups for special occasions and
events.
7.8. The dining room will feature custom designed leather clad booths and
banquette seating, ensuring that patrons receive a high level of comfort and
luxury whilst dining in a modern contemporary décor that would generally
only be associated with high-end venues located in city areas.
7.9. The image below supplied by the applicant show draft design of the booth
seating for the restaurant.
Page 39 of 72
7.10. ALFRESCO AREA;
7.11. The 300m2 shaded alfresco dining and entertainment area will comprise of
an open air outdoor kitchen, a separate bar and toilet facilities.
7.12. The alfresco menu (Attachment 4) offers diverse choices including:
7.12.1. Brazilian churrasco bbq (available mid-week and catered towards
families);
7.12.2. Tapas style share plates (available from 6pm to late);
7.12.3. Pizza, flat breads & salads (available from 6pm to late);
7.12.4. Classic pub style meals (available from 6pm to 8.30pm);
7.12.5. Kids menu (available from 6pm to 8.30pm); and
7.12.6. Dessert selection (available from 6pm to late).
7.13. The alfresco bar will offer a broad range of local, boutique and imported
draft beer, wines & spirits and a limited range of cocktails (Attachment 3).
7.14. A variety of spirits, cocktails and liqueurs will also be available, as well as
specialty coffees and non-alcoholic cocktails (Attachment 5).
7.15. The alfresco will feature seating for 180 patrons with a range of hi-bar
tables, banquette and traditional seating options.
7.16. Below are images of proposed seating and bar design supplied by the
applicant.
Page 40 of 72
7.17. The fit-out will promote a comfortable, casual dining and social environment
enabling patrons to enjoy a smoke-free alfresco experience.
7.18. A feature of the alfresco area will be a 160” (3m x 2.5m) Hi-Definition LED
Super-Screen to enable patrons to watch live AFL/NRL, music videos and
other major sports and events in the comfort of the alfresco. The images
below supplied by the applicant show similar Hi-Definition LED Super-Screen.
Page 41 of 72
7.19. The applicant states that:
7.19.1. No other venue within the Karratha city centre currently offers an
up-market venue to watch sports;
7.19.2. Currently no venue in Karratha has installed this size LED screen;
7.19.3. This proposal will cater to the need to offer patrons a superior
alternative venue where both male and female customers can view
hi-definition sport in an up-market alfresco venue.
Page 42 of 72
7.20. PRIVATE FUNCTION ROOM:
7.21. The 100 sqm private function room will cater to groups of 40 seated and 75
standing (cocktail style).
7.22. The image below supplied by the applicant show architect/ designer
impression of the private function room.
7.23. The applicant states that the function room will complement the restaurant
and alfresco areas by allowing Onyx to utilize the boutique venue to host a
range of events;
7.24. The proposed function room will be a boutique function room with a high
quality fit-out and will be equipped with state of the art audio visual and
teleconference equipment.
7.25. The function room will also have private bar facilities to enable the venue to
cater for a multitude of functions and special occasions.
7.26. Catering will be available with various packages tailored to suit the event
and the bar will be covered to enable the room to be used for meetings and
seminars.
7.27. The function room will specialize in catering for the following:
7.27.1. Meetings and Seminars;
7.27.2. Corporate & Business Functions;
7.27.3. Product Launches;
7.27.4. Private Functions;
7.27.5. Special Occasion Events;
7.27.6. Private Dining; and
7.27.7. Wine & Food Tasting
7.28. The proposed venue will also provide support for community events. The
applicant states that it has previously catered for such events for the past
three years which have been held at various halls and smaller function rooms
operated by the City of Karratha.
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7.29. The applicant states that it has held formal discussions with the City of
Karratha and the City’s events team has indicated its willingness to host
various daytime civic events at the proposed venue’s alfresco and function
room should this application be granted.
7.30. The events to be held by the City at the proposed venue include:
7.30.1. Seniors citizens lunch – up to 70 guests, 4 times per year (Alfresco
area);
7.30.2. Senior citizens movie afternoon - up to 70 guests, 5 times per year
(Alfresco area & private function room);
7.30.3. Volunteer recognition awards ceremonies – up to 120 guests, 3
times per year ( Alfresco Area); and
7.30.4. City VIP functions - up to 50 guests, 5-6 times per year (Private
function room).
7.31. The applicant states that the function room will not be available for 18th
and 21st birthday parties.
7.32. The proposed tavern will provide a variety of contemporary entertainment
options that will appeal to its target market of adults aged thirty years and
above.
7.33. The applicant further states that the proposed venue will promote
contemporary local live acoustic music which is different to the current live
entertainment scene in Karratha which is predominantly “DJ centric” and
popular with people aged 18-25 years.
7.34. The proposed entertainment includes:
7.34.1. Contemporary live acoustic music that appeals to its target market
of adults 30 years and above;
7.34.2. The applicant states that it has a decade long association with
many of the country’s leading entertainment promoters and will be
working with them to attract an array of contemporary music acts
to the venue;
7.34.3. The proposed venue will put an emphasis on local live
entertainment and will actively promote local talent through an
open mike night with the Onyx house band assisting the musicians
and Onyx supplying all the PA and music equipment at no charge to
the musicians or the patrons who attend;
7.34.4. This can be seen to be in line with the secondary object of the Act
“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.”
7.35. The proposed venue will also be promoting comedy nights, celebrity
sportsman’s night and other mainstream entertainment.
7.36. The applicant further states that:
Page 44 of 72
7.36.1. The proposed venue will not be promoting or holding any live or
amplified music prior to 6pm Monday to Friday (excluding
Melbourne Cup events) thereby minimising any impact on
neighbouring businesses;
7.36.2. The type of music at the proposed venue will be low impact and
will be in compliance with noise guidelines;
7.36.3. The volume of the music will be reduced from 10.00pm and will
finish by 11.30pm;
7.36.4. Live entertainment will only be on Thursday, Friday & Saturday,
and Sundays as a special event such as dinner/show;
7.36.5. The entertainment and live music will only be in the alfresco area,
the main restaurant will only have background music;
7.36.6. The DJ at all times will provide music that appeals to all ages. The
DJ music will not be allowed to dominate the venue;
7.36.7. The DJ and live music will be user friendly – that is to say – suitable
for the patronage, which is a mainly mature crowd, but of all ages.
It will allow conversation to occur, but will not be background in
nature. It is entertainment for people on a night out, not elevator
music;
7.36.8. The applicant has, and wishes to retain, a bar/restaurant for all
ages, 25 years and above. Food is very important, and DJ
entertainment and live local music acts are also very important.
7.37. As shown in the image below, the venue is located in a commercial precinct,
away from residential areas.
Page 45 of 72
7.38. The images below supplied by the applicant show examples of the
entertainment that the proposed venue will seek to promote at the alfresco.
7.39. The applicant states that these cabaret style shows were extremely popular
at the Icon restaurant and gave local people the opportunity to experience
renowned Australian artistes in an intimate alfresco environment and this
will be one of the genres that the proposed venue will be looking to
promote.
7.40. The applicant also states that the proposed venue will not promote or be
involved in promoting any form of skimpy shows, strip shows or any other
type of lewd acts.
7.41. The images below supplied by the applicant show examples of entertainment
and promotions that the proposed venue will be aiming to promote. These
include acts that were featured at the Icon Restaurant.
Page 46 of 72
7.42. The applicant will apply for the standard trading hours permitted for taverns
by the Liquor Control Act, as follows:
7.42.1. Monday to Saturday: 6am to 12 midnight; and
7.42.2. Sunday: 10am to midnight.
Page 47 of 72
7.43. The applicant states that:
7.43.1. The proposed 6am start is to facilitate breakfast functions,
community & municipal meetings and businesses bookings.
However, the applicant states that the proposed tavern will not sell
liquor prior to 11am each day, unless it is ancillary to a meal, and
only for pre-booked functions or events;
7.43.2. Last orders for food will be taken at 10pm in the alfresco kitchen,
or 2 hours before closing on nights when the venue closes early;
7.43.3. Last orders for food will be taken at 9.30pm in the restaurant and
function room;
7.43.4. The function room may be used as a bar/restaurant area when not
used for functions, or when the alfresco area is unavailable;
7.43.5. No high visibility clothing will be allowed after 4pm, and smart
casual attire will be required throughout the venue.
7.44. Staff will be selected based on their skills and previous hospitality
experience.
7.45. All staff will be provided with a formal induction, focusing on work health
and safety, service and presentation standards and commitment to
customers.
7.46. Thorough training will be provided to staff through accredited organisations
and suppliers. This training will be relevant to individual staff members’
roles and responsibilities, and will range from food safety, coffee
preparation and responsible service of alcohol.
7.47. No staff handling alcohol will be employed without the mandatory
Responsible Service of Alcohol training.
7.48. According to the applicant, liquor will be largely promoted as an
accompaniment to their high quality food. With its major investment in its
kitchens, chefs and the produce it prepares and serves, patrons will always
be encouraged, or at least invited, to dine at the proposed venue.
7.49. The applicant will also ensure that food, coffee and tea will be available
throughout the liquor service period.
7.50. Happy hours will not be offered, discounted liquor will not be promoted, and
advertising of alcoholic products will not occur outside of the bar area.
7.51. At least one approved manager will be present at the proposed venue at all
times. The applicant’s view is that as many staff as possible will be upgraded
from the minimum RSA requirement to the approved manager qualification.
7.52. Witnesses were asked to comment on the services and entertainment at the
existing licensed outlets in Karratha:
7.52.1. M. Thompson said, “No entertainment at Blanche, Tambrey limited
and would never go to Tav due to skimpy’s.”
7.52.2. D. Napier said, “Average- there is no entertainment”.
Page 48 of 72
7.52.3. E. Anderson said, “Currently no entertainment offered regularly in
Karratha.”
7.52.4. N. Milligan said, “Service is inconsistent. Entertainment is poor.”
7.52.5. L. Stewart said, “Service hit + miss. Entertainment is not done
particularly well at anywhere in town currently.”
7.52.6. D. Scott said, “Service is a pass. Lack of entertainment.”
Page 49 of 72
8.
Background and Experience of the applicant
8.1
The applicant has provided the following details about the directors and
shareholders of Onyx (Aust) Pty Ltd:
8.2
Sean Throssell:
8.2.1
He has worked and lived in Karratha / Roebourne continuously
since 1983 and has been involved in the hospitality industry in
Karratha since 2003.
8.2.2
He completed his apprenticeship as a baker at the Roebourne
Bakery and became a qualified baker/pastry cook.
8.2.3
In 2003 Sean started Blue Destiny Charters that operated boat
charters and evening harbour cruises to the Dampier Archipelago.
The houseboat and charter boat business was sold in 2010 to focus
on the Icon Restaurant.
8.2.4
In 2006, Sean purchased the closed Archipelago Restaurant and rebranded / launched The Icon Restaurant.
8.2.5
The Icon went on to be a highly successful food and entertainment
venue with a seating capacity of 250 people and was a favorite
with both locals and the corporate heavyweights of the mining and
resources industry that flocked to Karratha during the mining and
construction boom.
8.2.6
The Icon was renowned for its high quality food and live
entertainment that featured Australia’s leading recording artists
from the 80’s and 90’s.
8.2.7
A change in personal circumstances resulted in the business
closing. The building was retained by Sean and leased to The
Pilbara Health Network. That lease expired in March 2016.
8.2.8
Onyx has also developed a dedicated Events division that has
invested over 250k in specialised event equipment that has
allowed the company to establish and partner some of the leading
events and festivals in the Pilbara.
8.2.9
Sean currently manages Onyx Events-Karratha, Karratha’s premier
event company. The image below shows a snapshot of Onyx-Events
Karratha homepage http://www.onyxeventskarratha.com/
Page 50 of 72
8.3
8.2.10
Onyx-Events was established in 2013 and since then has been
providing catering services including the supply and/or sale of
alcohol, which it has previously arranged through the use of
occasional licences.
8.2.11
The majority of Onyx catering is for the corporate and local/State
Government sectors as well as local business and sporting groups
and associations.
8.2.12
Onyx has catered for Karratha’s largest music, sporting and
entertainment events including Ladies Day and Roebourne Cup Day
race meeting, the Sneaky Sound System Concert and the Fluid
Festival, Karratha’s first beer, food, wine and music festival.
8.2.13
Sean is responsible for event management, marketing, tenders,
licensed beverages, all Racing Gaming and Liquor communications
and statutory license requirements.
8.2.14
The Leisureplex café business which Onyx took over from the City
of Karratha in October 2013, has also rapidly grown from its
original turnover of $6,000 to just over $25,000 per week.
John Conway:
8.3.1
John is the head chef of Onyx, a position he has held since
October 2013, and is responsible for all events catering, catering
staff and all catering requirements for the events and functions.
8.3.2
John has over 30 years continuous experience in the hospitality
industry and has been involved in many varied events, functions
and catering throughout his career.
8.3.3
John has worked with Sean since 2007, as Head Chef at the Icon
Restaurant in Karratha from May 2007 to April 2013 and as
Assistant Head Chef at the Tambrey Tavern from July 2013October 2013.
Page 51 of 72
8.4
Toni Vandenberg:
8.4.1
Toni is responsible for the financial and administration control for
the events, and also assists the duty managers with rostering of
staff and ordering of non-perishable supplies for Onyx events.
8.5
As stated in paragraph 8.2. Sean Throssel, of the applicant, has worked in
the hospitality industry in Karratha since 2003. Witnesses had the following
comments to say about Sean’s contribution to the hospitality industry in
Karratha :
8.5.1
Hon Brendon Grylls, MLA, Member for Pilbara, “Mr Throssell is a
recognized and successful hospitality operator who provides both
quality service and products on a continuous basis whether it is at
his established premises or at special outside events. I have
personally frequented both his previous restaurant, the Icon and
both his current businesses at the Karratha Airport and the
Karratha Leisureplex”
8.5.2
Peter Long, Mayor, City of Karratha, “Onyx’s is owned by longterm Karratha resident, Sean Throssell, previous owner and
manager of the famous Icon Restaurant – a venue that in its time
was a game-changer for Karratha.”
8.5.3
Mitchell Cameron, Karratha Airport Manager, “Sean you have been
a man of your word; Onyx has been flexible, accommodating and
resilient throughout the many iterations of the project staging.
Your assistance in continuing to provide airport customers with a
Café and Bar service has been invaluable.”
8.6
In 2015 Onyx was awarded Best Business with under 20 Employees by the
Karratha & Districts Chamber of Commerce.
8.7
The applicant states that the cornerstone of the company’s success and
popularity can be attributed to the following main factors which will also
be applied to the proposed tavern:
8.7.1
Team Stability: Having a stable kitchen team that has virtually
remained unchanged for 5 years. The same four key chefs, namely
Jon Conway, Mad’e Karasai, Harry Indrago and Dean Mansingh, will
all play a major role in heading up The Onyx kitchen team.
8.7.2
Front of House will be captained by Sean Throssell. As previously
stated in paragraph 8.2.1, Sean has resided and been involved
both in the community and local business since 1982 and has built
an enviable reputation for providing arguably the best restaurant
and hospitality business in Karratha for the past decade.
Page 52 of 72
9.
Harm and Ill Health – Section 38(4)(a)
9.1
Section 38(4)(a) of the Liquor Control Act (1988) asks the applicant to
consider “the harm or ill-health that might be caused to people, or any
group of people, due to the use of liquor”.
9.2
In order to assess the risk the applicant will consider the type and style or
licensed premises proposed, and the potential impact that it could have on
the local population, and others who resort to the locality.
9.3
It will also factor in the conclusions, from the demographic study
conducted earlier in these submissions, in respect of the prevalence of the
priority population groups.
9.4
To recap, the priority population groups have been identified as follows;
9.4.1
Aboriginal people and communities.
9.4.2
Children and young people.
9.4.3
People with co-occurring mental health and alcohol and other
drug problems.
9.4.4
People in rural and remote areas.
9.4.5
Families, including alcohol and other drug using parents.
9.4.6
Offenders.
9.5
As stated in paragraph 3.24, compared to the State, there is an overrepresentation of some at risk-groups including aboriginal people, migrants
and people working in the mining industry.
9.6
The applicant states that although this application is for a tavern restricted
licence, the potential for harm and ill-health is low because of the
following factors:
9.6.1
The proposal is for a tavern restricted licence which does not
allow for the sale of packaged liquor;
9.6.2
The applicant states that the provision of quality meals and
beverages in an up-market venue will be the main focus of the
business, and the main attraction for patrons;
9.6.3
Discounted liquor will not be used as an incentive to attract
people to the venue;
9.6.4
As stated in paragraph 7.49, the applicant will also ensure that
food, coffee and tea will be available throughout the liquor
service period;
9.6.5
The menu prices are set and as stated in paragraph 7.50, happy
hours will not be offered, there will be no discounting of liquor,
and advertising of alcoholic products will not be promoted outside
of the bar area. In that way the venue will attract patrons who
have a more mature approach to liquor consumption. The venue
Page 53 of 72
will not be attractive to patrons who are intent on irresponsible
drinking practices.
9.7
9.6.6
The premises is broken into three smaller manageable venues:
steak house restaurant, private function room and undercover
alfresco area;
9.6.7
Comfortable seating will be provided in all the three venues as
shown in the images presented in section 7;
9.6.8
A significant portion of the premises will be set up for dining with
very little space available for upright drinking; and
9.6.9
The applicant has provided a detailed Harm Minimisation Plan.
The applicant has an excellent track record of responsible service of
alcohol through the management of the following businesses in the locality:
9.7.1
Onyx-Events Karratha - As mentioned in paragraph 8.2.3, Onyx
Events is Karratha’s premier catering company. Since its
establishment in 2013, the company has been providing catering
services including the supply and sale of alcohol, which it has
previously arranged through the use of occasional licences.
9.7.2
The Icon Bistro - Sean Throssel, of the applicant, also previously
owned and operated the “The Icon Bistro”, a licensed restaurant
in Karratha, from 2007 until May 2013. As mentioned in paragraph
1.3, this restaurant was located on lot 3 of the proposed premises.
9.7.3
Onyx Airport Bar & Café – This venue was operated by the
applicant from July 1st 2015 to September 2015 whilst there was a
major upgrade of the new Karratha Airport Terminal. Attached to
these submissions is an email commending the applicant for its
successful operation of the venue (Attachment 6).
9.8
Attached to these submissions are letters of support from the Hon Brendan
Grylls, Member for Pilbara and the Mayor of Karratha, Peter Long
(Attachments 7 & 8 respectively), both of who attest to the fact that Sean
Throssell, of the applicant has demonstrated ability to provide responsible
licensed services in Karratha.
9.9
For the safety and security of patrons of the proposed tavern, as well as
other people visiting the precinct, the applicant proposes to install a CCTV
system.
9.10
The applicant advises CCTV footage will be held in accordance with the
liquor licensing policy for CCTV. The system will also comply with all
requirements as outlined in the Director’s policy.
9.11
As stated in paragraph 9.6.2 above, the provision of quality meals and
entertainment in an upmarket venue will be the main focus of the business,
and the main attraction for patrons. In that way the venue will attract
patrons who have a more mature approach to liquor consumption. The
venue will not attract patrons who are intent on irresponsible drinking
practices.
Page 54 of 72
9.12
Witnesses were asked if there were any people or groups of people in the
locality who they believe are likely to suffer increased and undue harm or
ill-health should this licence be granted.
9.12.1 All respondents, including Peter Long, Mayor of the City of
Karratha, and Chris Adams, CEO City of Karratha, said “NO” (one
respondent didn’t provide any response);
Page 55 of 72
10. Impact on amenity – Section 38(4)(b)
10.1
The applicant is required to consider both the positive and the negative
potential impacts of this application on the amenity of the locality.
10.2
It was concluded earlier that the proposed premises will be located in
Sharpe Avenue which has become “Karratha’s new main street” and also in
close proximity to the City of Karratha’s new showcase $55 million dollar
performing arts centre.
10.3 In terms of a positive impact, this application, if approved, will;
10.3.1
Provide a new licensed venue that caters to the changing
requirements of the locality for quality venues and better services ;
10.3.2
Provide a comfortable and mature environment in which patrons
may enjoy themselves responsibly;
10.3.3
Encourage responsible consumption of liquor through the creation
of a flexible, licensed venue:
10.3.3.1
Made up of three venues, high end restaurant, private
function room and undercover alfresco;
10.3.3.2
The premises will be serviced by two kitchens,
consisting of a main kitchen inside and a small outdoor
kitchen;
10.3.3.3
Where there is an emphasis on quality food & coffee
served in a comfortable and relaxing environment;
10.3.3.4
With ample comfortable furniture for patrons to relax
in; and
10.3.3.5
Featuring live local music acts suitable for the
patronage, which is a mainly mature crowd, but of all
ages.
10.4
The applicant believes that through this proposed tavern restricted licence,
it will be adding to the amenity of the locality in a very positive and
responsible way and will provide an alternative to the premises currently
available in the locality.
10.5
The proposed premises will become a very welcome addition to the local
community, is ideally located in the heart of town and will complement the
ongoing revitalisation of Karratha City being carried out by the State and
Local Government.
10.6
Witnesses were asked in what ways they thought the locality may change if
this application was granted.
10.6.1
Peter Long, Mayor of the City of Karratha said, “Positive change. It
will enliven the southern end of our main street.”
Page 56 of 72
10.6.2
Chris Adams, CEO, City of Karratha said, “Positive. The CBD is
becoming more vibrant. This development coupled with the
Quarter and the new Arts Centre will help transform the CBD.”
10.6.3
E. Barrington–Shaw said, “Positive, add more vibrancy to the city
centre. Give residents more choice in venues. People likely to
choose Karratha as a permanent home”.
10.6.4
N. Adamson said, “It would change it in a positive way, as it will be
somewhere for people attending the new Performing Arts Centre
to go for a meal, before or after.”
10.6.5
R. Naulls said, “It will bring even more people into town. The State
and Local Governments have spent a lot of money upgrading the
town centre to encourage people to visit it.”
10.6.6
K. Davies said, “Would be in a most positive way. Will be in close
proximity of the new City of Karratha Cultural Centre & theatre
and would be readily accessible for the patrons to go to Onyx after
shows etc.”
10.6.7
L. Joseph said, “I think this will be a positive change for patrons in
Karratha as it will meet the communities (sic) changing
requirements for ……..a higher standard of premises”.
10.6.8
C. Perry said, “It is another place for people to come together &
meet. Makes more jobs, and when friends, family visit its
somewhere “NICE” to go.”
Page 57 of 72
11. Offence, Annoyance, Disturbance or Inconvenience Section 38(4)(c)
11.1
The premises are surrounded by other commercial and retail premises in the
busy Sharpe Street, which is Karratha’s main street.
11.2
As stated in paragraph 2.23, the proposed premises is zoned “City Centre
Precinct 2 – Commercial” under Town Planning Scheme (TPS) 8. The
objective of this precinct as stated in paragraph 2.29.2, is for the
development of venues including entertainment venues such as this proposal
that will “invigorate the public domain and capitalise on open spaces and
natural views.”
11.3
In the applicant’s opinion there is little potential for neighbours and visitors
to the area being unduly disturbed as a result of the operations of the
proposed licensed premises, as it’s located in the southern end of the City’s
main street.
11.4
As stated in paragraphs 2.29.2 of these submissions, under Town Planning
Scheme (TPS) 8, the objective of the precinct where the proposed premises
is located “is in part to support and encourage development that will
invigorate the public domain and capitalise on open spaces and natural
views. This will include cafés and restaurants with alfresco dining, bars and
entertainment venues.”
11.5
The applicant also proposes the following measures:
11.5.1
Prompt and polite response to any noise complaint in respect of the
operations of the venue (although the potential for such complaints
is considered to be low);
11.5.2
Strict adherence to responsible service of liquor, and responsible
consumption of liquor practices at the venue; and
11.5.3
Encouraging patron awareness of the rights of neighbours and
others who reside or work in the locality, especially when leaving
the venue.
11.5.4
The approved manager will also ensure the last patrons leave
safely, quietly and in an orderly fashion.
11.5.5
The strata gardening contractor will be engaged to perform a daily
inspection of the external areas of the Sharpe Avenue complex to
ensure that it is free from any litter.
11.6
In any case the applicant has drawn up a detailed harm minimisation plan, as
is required under the Act.
11.7
At question 16 of the questionnaire, the witnesses were asked to consider
the Intended Manner of Trade document, and in particular the information
on the proposed style of operations. Witnesses were asked “Do you think
“The Onyx” will cause annoyance, inconvenience or disturbance to anyone in
the locality? If yes, who and how might they be so offended or
inconvenienced?
Page 58 of 72
11.7.1
With the exception of one respondent who did not provide a
response, all other respondents, including Peter Long, Mayor of the
City of Karratha, and Chris Adams, CEO City of Karratha, answered
“No”;
11.7.2
Chris Adams, CEO, City of Karratha added that “History shows that
this type of development can (and should!) be run from this type
of locality.”
11.7.3
R. Sleator said, “No- commercial precinct.”
11.7.4
E. Anderson said, “There was a restaurant in that location
previously which never upset anyone.”
11.7.5
B. Greensill said, “Given that there are no residents in the remote
vicinity there couldn’t be any complaints in that area. We are a
city and given it will be in the CBD Avenue such as this is more
than suitable.”
11.7.6
K. Davies said, “Can’t see any annoyance, offence, inconvenience
to anyone locally, not located within residents area, and near
police station also.”
Page 59 of 72
12. Section 5(1)(a) of the Liquor Control Act (1998)
12.1
Section 5(1)(a) states that a primary object of the Act is;
12.1.1
“To regulate the sale, supply and consumption of liquor”;
12.2
Being one of three primary objects means that it is of equal importance to
the other two primary objects of the Act.
12.3
To regulate means;
12.3.1
“To control or direct according to rule, principle, or law” or
12.3.2
“To put or maintain in order”
12.4
It does not mean to restrict or to reduce.
12.5
There may be some circumstances where a restriction or a reduction is
warranted, but the word “regulate” implies more flexibility than either
“restrict” or “reduce”.
12.6
It is possible to “regulate” and to “increase” at the same time.
12.7
Therefore this primary object should not, of itself, prevent this application
from being granted.
12.8
It is possible to properly regulate the sale, supply and consumption of liquor
and grant this application.
12.9
The 2013 review of the Liquor Control Act concluded that between 2008/09
and 2012/13 the total number of liquor licenses in WA per capita dropped.
At a time of increasing population it is quite clear that there will be
increased demand for liquor and related services. Proper regulation of the
industry would allow for growth in licensed premises in a responsible
manner, to cater to increased demand.
12.10 If there is not a controlled growth, then more people will try to satisfy their
liquor requirements in the same number of venues, leading to overcrowding
and queueing, recognised sources of harm in licensed premises.
Page 60 of 72
13. Section 5(1)(b) of the Liquor Control Act (1998)
13.1
Section 5(1)(b) states that a primary object of the Act is;
13.1.1
“To minimise harm or ill-health caused to people, or any group of
people, due to the use of liquor”;
13.2
Being one of three primary objects means that it is of equal importance to
the other two primary objects of the Act.
13.3
In its decision granting a liquor store licence to Woolworths Warnbro the
Liquor Commission noted;
40. The potential for harm or ill-health is a powerful public interest
consideration when determining an application (refer Lily Creek supra).
Consequently, it is relevant for the licensing authority to consider the
level of alcohol-related harm, due to the use of liquor, which is likely to
result from the grant of the application. As Wheeler J stated in Executive
Director of Public Health v Lily Creek International & Ors [2001] WASCA
410:
“This does not mean that only the increased harm which may result from
the specific premises in question is to be considered; rather it seems to me
that must necessarily be assessed against any existing harm or ill health so
as to assess the overall level which is likely to result if a particular
application is granted. Where, as occurs in probably the majority of cases,
the existing level of alcohol related harm is no greater than that which
appears to be commonly accepted in the community, the distinction is
probably not significant.”
41. Also, as observed by Ipp J (in Lily Creek supra) it is significant that the
primary object in section 5(1)(b) is to “minimize” harm or ill-health, not
to prevent harm or ill-health absolutely.
13.4
In paragraph 46 of the Supreme Court decision in respect of the National
Hotel, Fremantle, the following conclusion is found;
13.4.1
13.5
“It is not sufficient to simply reason that, where there is
already a high level of harm in the particular area, even a
small increment in potential or actual harm may be
determinative, without making specific findings on the
evidence about the level of alcohol related harm which is
likely to result from the grant of the particular application.”
Paragraph 62 of that same decision reads;
13.5.1
“the reasons of the Commission reveal that it considered the
application was not in the public interest, but not:
(a) the positive aspects of the application that were weighed;
(b) how the Commission reached the conclusion there was a
likelihood of increased harm and ill-health if the application was
granted; or
(c) the degree of increased harm or ill-health that was likely to
have resulted if the application was granted.”
Page 61 of 72
13.6
Therefore, in this application, the applicant is not required to show that no
harm whatsoever may occur if this application is granted, only that the
applicant will do all that is reasonably possible to minimise harm and illhealth that could potentially occur if this application is granted, that any
potential for harm or ill-health is minimised, and is not “undue”, and that
the positive aspects of the application outweigh this potential for harm.
13.7
This then must be weighed, in equal measure, against the benefits that will
accrue to the local community through having a professional licensed
catering service available to them in the locality.
13.8
As stated in paragraphs 2.4.1 and 2.4.2, Karratha is the largest town in the
City of Karratha (formerly Shire of Roebourne) and the main service centre
of West Pilbara region.
13.9
The applicant states that it has considered the report published by the Drug
& Alcohol Office (DAO) on alcohol related hospitalisations and death in the
Pilbara
(DAO
Surveillance
Report
2014)
available
at
http://www.dao.health.wa.gov.au/Informationandresources/Publicationsan
dresources/Researchandstatistics/Statistics/Alcoholrelatedhospitalisationsan
ddeathsinWA.aspx
13.10 This report states on page 13 that “The total rate of alcohol-related
hospitalisations in Roebourne for the period from 2007-2011 was
significantly higher (1.32 times) than the corresponding State rate. The
rates for males and females were also significantly higher (1.25 times and
1.46 times respectively) compared to the corresponding State rates.”
13.11 The applicant also states that on 18/03/2016, it requested data on alcohol
related offenses in the locality from the WA Police, in order to make an
assessment. The Police replied that, “WA Police do not provide crime data
for applicants of liquor licences to make an assessment of an
area.”(Attachment 9 )
13.12 Notwithstanding the lack of statistical crime data to enable an informed
assessment, the applicant states that it is committed to doing all that is
reasonably possible to minimise harm and ill-health that could potentially
occur if this application is granted.
13.13 Section 9 of these submissions has already outlined some of the applicant’s
strategies for minimising harm and ill-health.
13.14 In addition, the applicant states that a lot of thought has been put into the
design of the venue, including the layout and furniture, to ensure the
comfort of patrons.
13.15 There is a great deal of research which shows that the drinking environment
can exert significant influence on patron behaviour.
13.16 Briscoe and Donnelly (2003)1 quoted Graham and West (2001)2 as finding
that;
1
‘Problematic Licensed Premises for Assault in Inner Sydney, Newcastle and Wollongong.’ Susan Briscoe and Neil
Donnelly available at http://anj.sagepub.com/content/36/1/18.full.pdf+html
Page 62 of 72
13.16.1 “The drinking setting can exert considerable influence on
behaviour
through
expectations,
physical
and
social
characteristics of the environment, levels of intoxication
allowed and the characteristics of others in the setting.”
13.17 Additionally Briscoe and Donnelly had the following to add;
13.17.1 “Given the results of the present analysis, the issue of what
factors distinguish the more from the less problematic premises
becomes paramount in terms of planning effective interventions
and/or enforcement practices to minimise alcohol-related
harm.”
13.17.2 “We also found that several licensed premises that were hotels
and have 24 hour service or extended trading, did not have
repeat assaults on their premises suggesting other additional
factors also contribute to the risk of violence on licensed
premises”
13.17.3 “Low comfort, high boredom, aggressive bouncers, discounted
drinks, poor ventilation, lack of cleanliness, a hostile
atmosphere, overcrowding and inadequate numbers of bar staff”
have been “associated with alcohol related harm”. Emphasis
added.
13.17.4 “These predictive factors which are specific to the drinking venue
offer considerable potential to reduce violence on licensed
premises because they are under the control of the management
and relatively easy to regulate.”
13.18 Section 7 of these submissions has presented images of how the three venues
of the proposed premises may be set up including the furniture.
13.19 It is submitted by the applicant that the proposed premises will offer a high
level of comfort and adequate space. It is also submitted that a high level of
cleanliness will be maintained and there will be adequate numbers of staff
on hand to provide a high standard of customer service. These measures will
create a comfortable environment where patrons can consume alcohol
responsibly.
13.20 The applicant believes that it has shown very clearly that there is very little
potential for any additional undue harm or ill-health that could result from
the granting of this application.
13.21 It is therefore anticipated that this tavern will be a very low risk licensed
venue, and if this liquor licence is granted, it will not add to the potential
for alcohol related harm or ill-health in the locality.
2
International handbook of alcohol dependence and problems. Graham, K., & West, P. Available at
http://au.wiley.com/WileyCDA/WileyTitle/productCd-0471983756.html
Page 63 of 72
14. Section 5(1)(c) of the Liquor Control Act (1988)
14.1. Section 5(1)(c) states that a primary object of the Act is;
14.1.1. “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”;
14.2. As stated in the introduction this object was elevated to the status of
primary object in the May 2007 changes to the Liquor Control Act (1988)
“to place a higher emphasis on the needs of consumers”, as the Minister
stated in the Second Reading Speech at the time.
14.3. Being a primary object means that it is of equal importance to the other
two primary objects of the Act.
14.4. In other words it is just as important for the Director to cater for the
requirements of consumers as stated above, as it is to minimize the
potential for harm or ill-health due to the use of liquor.
14.5. In the end it is a weighing and balancing of these equal objects which will
determine whether a liquor licence should be granted or not.
14.6. This application is in line with the proper development of the hospitality
and liquor industry in that it will permit the applicant to provide much
sought after licensed liquor services in the locality in a responsible way.
14.7. The witness evidence attached to these submissions shows there is demand
for the kind of premises proposed that offers an alternative to what is
currently available in the locality.
14.8. The applicant postulates that the population of the locality has been
growing since 2001 and there is potential for increased population.
Therefore, there will be growing consumer need for licensed premises for
future entertainment and recreational events.
14.9. As stated in section 4 of these submissions, this proposed venue is distinctly
different to similar licensed venues in the locality in that;
14.9.1. It will offer a full restaurant menu with table service combined
with a separate casual bistro style menu in the alfresco area;
14.9.2. It will offer an entertainment package featuring live acoustic music
in a shaded smoke-free alfresco area;
14.9.3. Currently this combination is not offered by any other licensed
venue in Karratha;
14.9.4. The aim is to offer residents and visitors in Karratha an experience
that is on par with some of Perth’s premier licensed venues such as
the Brisbane Hotel, The Breakwater (Hillarys) and the Merrywell at
Crown Perth.
14.10. In the second reading speech of the Liquor and gaming legislation
Amendment Bill 2006 it was stated that the reforms would, “Add vibrancy
to our entertainment, hospitality and tourism sectors…, responsible and
Page 64 of 72
dynamic liquor environment... aimed at encouraging a more vibrant, lower
risk family friendly, café style drinking culture. The Government is
committed to encouraging low risk drinking environments that are more
innovative, more vibrant and which better meet the changing expectations
of Western Australian consumers and tourists”3.
14.11. This application can be seen to be very much in line with that legislative
intent, for if this application is approved, what will be created is a flexible
venue, promoting responsible drinking practices.
14.12. It will also bring much needed vibrancy into the area, as stated by the
Mayor of Karratha in his letter of support attached to these submissions, “It
will enliven the southern end of our main street.”
14.13. The comments contained within the witness questionnaires attached to this
submission show that if this application is approved, the proposed licensed
premises will cater for the requirements of consumers for liquor and
related services.
14.14. In his meeting with the Government committee which is reviewing WA’s
liquor laws, Tourism Council of WA chief executive, Mr Evan Hall said;
14.14.1. “food and alcohol experiences were the single most popular
activities among visitors in WA, well ahead of shopping, the beach
and nature-based activities.”
14.15. The comments of the many witnesses, who have taken the trouble to
complete witness questionnaires, further underline that the locality would
benefit from the proposed venue, and the liquor licence arrangement
sought through this application.
3
Liquor and Gaming Legislation Amendment Bill 2006 – Second Reading
Page 65 of 72
15. Objective Witness Support
15.1. In the Director General’s note recently published regarding applying for a
liquor licence, the Director also made the following comments:
15.1.1. “The Liquor Commission has confirmed that it is not sufficient for
applicants to merely express opinions about the perceived
benefits of their application without an appropriate level of
evidence to support those opinions and assertions.”
15.2. As previously mentioned in section 2 of this public interest assessment
above, the applicant has canvassed very widely within the locality, looking
for a cross section of opinion on its application, in the following ways:
15.2.1. The applicant sought different types of witnesses in order to gain
a balanced opinion including:
15.2.1.1. Local people who will use the licensed premises,
15.2.1.2. Nearby residents,
15.2.1.3. Nearby business owners, and
15.2.1.4. People of some standing in the local community.
15.2.2. A witness pack was distributed to a selection of people from the
local community. This pack forms attachment 10 to these
submissions, and included:
15.2.2.1. The intended manner of trade document;
15.2.2.2. Witness questionnaire;
15.2.2.3. Menus for each venue, as well as beverage lists; and
15.2.2.4. A draft floor plan.
15.3. The applicant is confident that people in the locality have been well
informed of the application and the style of premises proposed, and have
been given the chance to have their say.
15.4. The applicant has provided a list of business owners that it visited
including:
15.4.1. Laura Stuart - Pharmacy 777;
15.4.2. Richard Naulls - Ray White Karratha;
15.4.3. Deborah Napier - Just You Beauty Salon;
15.4.4. Peter Long – Mayor, City of Karratha & Director of Aston
Engineering;
15.4.5. Mel Thompson – Red Earth Flowers;
15.4.6. Daniel Scott – Neverfail Water;
15.4.7. Rob Sleator – Pilbara Real Estate;
15.4.8. Ester Anderson – Tech-Nology;
15.4.9. Cassie Perry – Everywhere Travel; and
Page 66 of 72
15.4.10. Lisa Joseph – Everywhere Travel
15.5. At the time of lodging the application and as a result of these actions the
applicant has received 29 witness questionnaires (Attachment 11).
15.6. The applicant has also received letters of support from important
community leaders including:
15.6.1. Brendan Grylls, MP for the Pilbara;
15.6.2. Peter Long, Mayor, City of Karratha;
15.7. When witnesses were asked, “If this tavern licence is approved would you
be likely to frequent The Onyx; If so, on which days and times would you
be likely to go there?, All respondents answered “Yes” and indicated that
they would go during weekdays and weekends, for breakfast, lunch or
dinner, as well as for functions and meetings.
15.7.1. E. Anderson said, “Yes. Weekends, entertainment, evenings,
dinner & show (miss those).”
15.7.2. N. Milligan said, “Yes- weekdays for work functions. Weekends for
social dining.”
15.7.3. R. Naulls, licensee of Ray White Karratha said, “Yes I would with
my family, wife & employees and also for client dinner/drinks.”
15.7.4. The President of the Karratha Basketball Association said,
“Meetings- afternoon/evening. Functions- evenings.”
15.7.5. K. Davies said, “Yes definitely. Could be any day of the week or
weekends. Would visit after work Monday to Friday… lunch or
dinner Sat & Sunday nights.”
15.8. Witnesses were asked “any other comments regarding this application?”
15.8.1. P. Long, Mayor of the City of Karratha said, “I think this is a much
needed tavern. Karratha needs a restaurant of this sort - quality
food, alfresco & entertainment which is not a pub.”
15.8.2. D. Scott said, “A positive step forward for Karratha in its plan for
economic development.”
15.8.3. R. Sleator said, “Please approve this, we live in an isolated town
and need this type of outlet.”
15.8.4. L. Stewart said, “More exciting dining and entertainment venues
are exactly what Karratha needs. Current venues are often at
capacity on evenings during the week. More options are
required.”
15.8.5. B. Greensill said, “Sean Throssell has an extensive successful
history in hospitality & event management. This new venture
couldn’t possibly not succeed.”
15.8.6. N. Adamson said, “I think this application should be approved as
our town needs the quality and value for money the Onyx will
bring.”
Page 67 of 72
15.9. It is submitted therefore that there is strong objective evidence presented
here supporting the application.
15.10. Very importantly the following secondary object of the Act also provides
guidance relevant to the determination of this application;
“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”.
(Emphasis added)
Page 68 of 72
16. Conclusion
16.1. The applicant has outlined a very responsible method of operating clearly
in line with the legislative intent.
16.2. This application is also very well supported by relevant and probative
objective witness evidence. It can clearly be seen that a wide variety of
opinions in the locality have been sought, including local community
leaders, business owners and residents, and all respondents are very
supportive of the proposed licensing arrangement.
16.3. From the evidence presented in these submissions, there is quite
apparently a consumer requirement for the kind of venue the applicant is
proposing. This is summed up by the Mayor of Karratha in his letter of
support, attached to these submissions:
16.3.1. “Our city is short on entertainment venues: we have a range of
pubs, which offer noisy bars and occasionally even more noisy
bands and cater well to the FIFO and construction demographics.
We have a nightclub where many young people refuse to go
because off the behavior that is sometimes exhibited. And we
have a number of restaurants, which serve good food. But we
have nowhere for people to regularly hear live music, or a place
where one can have a relaxed drink in calm and comfortable
surroundings, or a venue where people can enjoy a combined
entertainment and dining experience , with a large variety of
food and drink options.
The proposed development will fill this need: our town needs an
entertainment venue with quality décor, where women and young
people feel safe and which provides a fine dining experience.”
16.4. Although this application is for a tavern restricted licence in a locality
experiencing a level of harm, the potential for increased harm and illhealth is low because of the following factors, as stated in section 9 of
these submissions :
16.4.1. The proposal is for a tavern restricted licence which does not
allow for the sale of packaged liquor;
16.4.2. The provision of quality meals and beverages in an up-market
venue will be the main focus of the business, and the main
attraction for patrons;
16.4.3. Discounted liquor will not be used as an incentive to attract
people to the venue;
16.4.4. The applicant will also ensure that food, coffee and tea will be
available throughout the liquor service period;
16.4.5. The menu prices are set and happy hours will not be offered,
there will be no discounting of liquor, and advertising of alcoholic
products will not be promoted outside of the bar area;
Page 69 of 72
16.4.6. The premises is broken into three smaller more manageable
venues:
16.4.6.1.
Steak house restaurant,
16.4.6.2.
Private function room, and
16.4.6.3.
Undercover alfresco area with open air kitchen &
separate Bistro Menu;
16.4.7. Comfortable seating will be provided in all the three venues;
16.4.8. A significant portion of the premises will be set up for dining with
very little space available for upright drinking;
16.4.9. The applicant has provided a detailed Harm Minimisation Plan;
16.4.10. The applicant has an excellent track record of responsible service
of alcohol through previous and current management of the three
licensed businesses in the locality; and
16.4.11. For the safety and security of patrons of the proposed tavern, as
well as other people visiting the precinct, the applicant proposes
to install a CCTV system.
16.4.12. Sean Throssell, of the applicant, also met with Sergeant Kim
Briggs, of Karratha Liquor Enforcement Unit (LEU) and briefed
him on the application and the proposed manner of trade.
Drafted on behalf of Onyx (AUST) Pty Ltd by;
Phil Cockman
Canford Hospitality Consultants Pty Ltd
Monday, 2 May 2016
Page 70 of 72
Attachments
1. Plan of the proposed premises showing the planned two-stage development process;
2. Draft a-la-carte steakhouse restaurant menu;
3. Draft restaurant and alfresco beverage list;
4. Draft alfresco menu;
5. Draft spirit, liqueur & coffee menu;
6. Email from Mitchell Cameron, Karratha Airport General Manager;
7. Letter of support from Brendan Grylls, MP;
8. Letter of support from Peter Long, Mayor, City of Karratha;
9. Copy of email response from the WA Police regarding the request for alcohol
related crime statistics in Karratha;
10. Witness Pack; and
11. 29 witness questionnaires
11.1. M. Thompson;
11.2. T. Kitching;
11.3. D. Scott;
11.4. D. Napier;
11.5. N. Adamson;
11.6. E. Anderson;
11.7. E. Barrington Shaw;
11.8. N. Milligan;
11.9. R. Naulls;
11.10. K. Davies;
11.11. L. Joseph;
11.12. C. Perry;
11.13. President Karratha Basketball Association;
11.14. R. Sleator;
11.15. B. Greensill;
11.16. D. Munro;
11.17. D. Davenport;
11.18. P. Long (Mayor City of Karratha);
11.19. C. Adams (CEO City of Karratha);
11.20. L. Stewart (Pharmacy 777 Karratha);
11.21. N. Franssen;
Page 71 of 72
11.22. N. May;
11.23. C. Newhouse;
11.24. A-M. Dadley;
11.25. S. Starcevich;
11.26. A. Wailu;
11.27. K-M. David;
11.28. C. Wailu; and
11.29. N. Riordan
Page 72 of 72

The Onyx - Department of Racing, Gaming and Liquor

Transcription

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