HOLDING COURT INVESTMENTS PTY LTD THE DOMINION LEAGUE 84 BEAUFORT STREET, PERTH PUBLIC INTEREST ASSESSMENT (PIA) IN SUPPORT OF AN APPLICATION FOR EXTENDED TRADING HOURS CONTENTS 1. Introduction 3 2. Background 4 3. The Venue 5 4. Impact on amenity – section 38(4)(b) 8 5. Harm or ill-­‐health – section 38(4)(b) 19 6. Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 25 7. Objective evidence of public support 26 8. Conclusion 29 APPENDICES A “The Escapist” Directory B Food Menu C School of Spirits D Megamart Article E Locality Map F Letter of Support G Management Plan and Code of Conduct H Public Surveys and Questionnaires 2 1. INTRODUCTION Holding Court Investments Pty Ltd (referred to in this submission as “we” or the “Applicant”) is seeking a variation of trading conditions to permit longer trading hours for the business known as The Dominion League, located at 84 Beaufort Street, Perth. This Public Interest Assessment submission supports our application 1.1 The Venue The business, previously known as the “Court Wine Bar”, has operated at the premises for almost 25 years as a licensed bar with a capacity of 200 patrons, and trades under a Special Facility Licence. Bread and Circuses Group purchased the business, undertook a refurbishment, and relaunched the bar as “The Dominion League” in late 2014 as a sophisticated but relaxed venue adjacent to Perth’s Cultural Centre precinct. 1.2 Special Facility Licence – Present Conditions Presently our trading hours conditions permit only the following hours of trade: Monday to Friday 10 am to 12 midnight Saturday 5 pm to midnight No trading is presently permitted on Sunday. Our permitted trading hours are therefore significantly less than those permitted for Hotels, Taverns and Small Bars under section 98 of the Liquor Control Act, which permits the following core hours of trade: Monday to Saturday 6 am to 12 midnight Sunday 10 am to 10 pm. 1.3 Changes to Trading Conditions Sought 1.3.1 Trading Hours We are seeking the following extensions to our current trading hours: Friday 12 midnight until 2.00am the following morning Saturday 10 am to 5 pm Saturday 12 midnight until 2.00am the following morning. Sunday 10 am to 12 midnight 3 1.3.2 Sale of Packaged Liquor Under our licence we are currently permitted to sell packaged wine and brandy to patrons on a takeaway basis. If the extension to our trading hours is granted, we would be happy to forgo this right and operate solely as an on-­‐premise venue. 1.4 Public Interest We have prepared these submissions to address the public interest requirements as set out in Section 38 of the Liquor Control Act (“the Act”) Section 38(2) of the Act requires us to satisfy the Licensing Authority the extension of trading hours sought by us is in the public interest. Section 38(4) of the Act provides that the matters the Licensing Authority may have regard to in determining whether the granting of an application is in the public interest include: (a) The harm or ill-­‐health that might be caused to people, or any group of people, due to the use of liquor; and (b) The impact on the amenity of the locality in which the licensed premises, or proposed licensed premises are, or are to be, situated; and (c) Whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and (d) Any other prescribed matter. In preparing these submissions, we have had close regard to the Department of Racing, Gaming & Liquor’s Policy: “Public Interest Assessment Pursuant to section 38 of the Liquor Control Act 1988”. (the “PIA Policy”) 2. BACKGROUND 2.1 Location The premises are located at 84 Beaufort Street, Perth, on the edge of Perth’s Cultural Precinct. 2.2 The Applicant Holding Court Investments Pty Ltd is a subsidiary of the Bread and Circuses Group, which was established by Hamish Fleming and Siobhan Blumann in 2006 with the establishment of the Flipside Burgers chain. 4 In April 2009, Bread and Circuses opened neighbourhood bar Mrs Brown Bar in North Fremantle, one of the first small bars to open in Perth. In September 2012 the Group established a second small bar, “Mechanics’ Institute”, in another heritage building in the heart of the cultural precinct in Northbridge. Mechanics’ Institute was one of the first small bars to open in Northbridge. This year, Mechanics’ Institute was awarded 2015 Best Small Bar in Australia at the prestigious Sydney Bar Show Awards, and 2015 Best Small Bar in WA, Critics’ Choice, at the Small Bar Association Awards. In a recent in-­‐depth profile of Perth, international magazine “The Escapist” magazine (issue 2, 2015), Mechanics Institute was the only bar listed in their directory of things to see and do. See attached Appendix A. In 2014 and 2015, the Group opened Propeller, a restaurant in North Fremantle, and Guildhall, an events and functions space, also in North Fremantle. Propeller is listed in Gourmet Traveller’s Guide to Australia’s Best Restaurants as one of Perth’s Top 10 restaurants. Bread and Circuses have a track record of establishing and operating high-­‐quality, popular venues, and have a demonstrated commitment to responsible service of alcohol. 3. THE VENUE 3.1 History Constructed in 1900 for the United Friendly Society (a pharmacist) the building at 84 Beaufort Street has all the right physical ingredients, so rare in Perth, for a wonderful hospitality venue – striking façade, soaring ceiling on the ground floor, century-­‐old exposed timber beams in the basement, red brick throughout. This was recognized by the Andonovski family, who bought the building in 1990 and opened the business the “Court Wine Bar” the following year. The Andonovskis successfully operated the business until the end of 2013. The Dominion League has been conceived primarily as a meeting place for people to come together and socialize. Our goal has been to create a relaxed space where small groups of people, of varying ages and backgrounds, feel comfortable conversing and enjoying each other’s company. The name “The Dominion League” comes from the political party of the same name active in the 1930s to lobby for secession of Western Australia from the Commonwealth. The name is intended as a playful celebration of the maturing of WA’s hospitality industry (i.e. the good 5 citizens of Perth no longer need to fly to Melbourne or Sydney to experience wonderful bars and restaurants!). The Dominion League was awarded 2015 Best Cocktail Bar in WA at the prestigious Sydney Bar Show Awards. 3.2 Overview of the Premises The business trades over two levels, with a bar on each level, and one kitchen servicing both levels. 3.2.1 Street Level Bar On street level we operate in the manner of a small but convivial local neighbourhood bar. With a palette of wood, brass, marble and tiles, the furniture is a mix of new and up-­‐cycled. Caged liquor cabinets, exposed brick walls and an impressive domed ceiling set the scene for our clientele to enjoy a night out in a mature environment. The wide timber bar top encourages customers to linger and eat at the bar and converse with our friendly bartenders resulting in a very personal service style. Comfortably accommodating 100 patrons (with seating for 70) on street level, the bar offers a large selection of craft beers, both on tap and by the bottle. We also have an extensive wine and spirits list. DION PHOTOGRAPHY 6 3.2.2 Basement Bar Heading down the stairs to the basement, the basement bar speaks of a time long gone with its imposing axminster carpet, exposed timber ceiling beams, stripped back walls and plush velvet booths. It is almost a space where the original Dominion League in the 1930’s may have met to hatch out a plan to push forward their cause for secession. The product focus here is cocktails and fine whiskies – we have one of the largest offerings in Perth – however the focus in terms of customer experience is sparkling conversation and robust debate. With passionate staff providing attentive service and educating customers in the history and origins of their drinks, the basement bar is a sophisticated space where our mature clientele can enjoy each others’ company together with fine food and drinks. The basement accommodates 100 patrons, with comfortable seating for 80. DION PHOTOGRAPHY 3.2.3 Kitchen The venue has a full kitchen lead by our Head Chef Romain Silvestre, and we currently offer delicious meals and bar snacks across both levels. In a food review for The West Australian in earlier this year, Rob Broadfield awarded The Dominion League 14/20. Our food menu is attached at Appendix B. 7 3.2.4 Spirits Education and Appreciation Classes In addition to our hospitality offering, The Dominion League holds spirits education and appreciation classes, exploring the history, different regions, and nuances of production of different brands of spirits. Our staff are passionate and knowledgeable about the products we serve, and are always eager to enrich our customers’ appreciation of fine drinks. See attachment -­‐ “The Dominion School of Spirits” at Appendix C. 3.2.5 Low Impact Venue With the two levels each accommodating 100 people, The Dominion League has the feel of two “Small Bars” rather than one larger venue. It is a low-­‐impact venue catering to a mature demographic and we have not had any incidents or liquor infringements in our first 12 months of trade. Although it is not a condition of our licence to do so, as a matter of prudence we engage a crowd controller to control entry to the venue on Friday and Saturday nights. 4. IMPACT ON AMENITY – SECTION 38(4)(B) 4.1 Nature and character of the local community The Dominion League is located in an emerging precinct of Perth that is in a state of transition. On the northern fringe of the CBD, and the eastern fringe of the Northbridge entertainment precinct, it is adjacent to the Perth Cultural Precinct. 4.1.1 Immediate vicinity The immediate area is currently undergoing significant change. With the area east of Beaufort Street previously home to light industrial and warehousing, these uses are rapidly making way for office and residential development. In recent years significant office development has occurred along Stirling Street and Pier Street, housing major commercial tenants such as Leighton Contractors and Telstra. More recently, residential apartment developers have acquired sites and obtained approval to build significant apartment buildings in the area. It is clear that the area is transforming into a vibrant inner city residential precinct. The following apartment developments have either been recently constructed or have been approved for development and are being actively marketed to potential purchasers. These sites are all within 200m of The Dominion League. Apart from The Court Hotel, 8 which is a large pub catering for the gay and lesbian community, The Dominion League is the only licensed premises in the immediate vicinity. One on Aberdeen 15 Aberdeen Street, Perth, a 13 storey apartment building comprising 161 apartments, was completed in 2014. Verdant Apartments – www.verdantperth.com.au 78 Stirling Street, Perth, An $80 million development, 19 storeys high, comprising 136 One and Two Bedroom apartments Oracle Apartments – www.oracleperth.com.au. Corner of Stirling and Aberdeen Street, Perth. 22 storeys, 137 studio, one and two bedroom apartments NSpire 108 Apartments – www.nspire108.com.au 108 – 120 Beaufort Street -­‐-­‐ 21 storeys, 184 studio, 1 bedroom and 2 bedroom apartments Megamart Site – This development is not yet in the marketing stage, but media reports reveal the developers are proposing a huge apartment development comprising 3 towers, up to 52 storeys tall, at a cost of $300 million. (See media article attached at Appendix D) The marketing materials for these developments show that they are being marketed to young, urban professionals attracted to a vibrant inner-­‐city lifestyle close to bars and restaurants in the Locality. As part of their marketing strategy, developers have filmed inside The Dominion League to show the attractive hospitality options in the vicinity. 4.1.2 The Locality The Department of Racing, Gaming and Liquor, as a guide, specifies that the locality for Perth is the area within a 2km radius of the proposed premises. An area of this size traverses much of the CBD, Northbridge, West Perth, East Perth, Highgate and Leederville. We have therefore narrowed our locality focus to Perth (Postcode 6000) and Northbridge (Postcode 6003). A map showing this locality is set out at Appendix E. 4.1.3 Population and Demographics The following has been extracted from the 2011 Census. As at the date of the 2011 Census, the Locality (i.e. the suburbs of Perth and Northbridge) had a permanent residential population of 10,242. 85% of residents are aged 20-­‐64, with 37.4% of residents falling within the 25-­‐34 year old age bracket. Only 8.8% of the population are children (i.e. 0-­‐19). In terms of ethnic status, 0.068% have an indigenous Australian background (versus 3.1% for Western Australia as a whole), 64.3% of the population were born overseas (versus 9 37.1% for Western Australia as a whole), with 44.2% of residents speaking a language other than English at home (versus 20.7% for Western Australia as a whole). Median household income in Perth is $1750 and Northbridge $1,666, versus an average across Western Australia of $1415. 36.4% of employed Perth residents are professionals, versus 29.4% in Northbridge, and 19.9% of employed Western Australians. 40.5% of Perth households are single person households, versus 34.7% in Northbridge and 23.8% for Western Australia as a whole. 46.2% of Perth households are family households, but of these, 68.1% were couples without children). In Northbridge the figures are 45.9% families with 77.6% couples without children. Across Western Australia by comparison 72.2% of households are families, and only 38.8% of these are couples without children. The above statistics would seem to confirm Perth’s and Northbridge’s continued multicultural flavour, and that as inner-­‐city suburbs the Locality is populated by a large number of single person households and young couples without children who work as professionals. 4.1.4 New Developments and Revitalisation As the above figures are based on the 2011 Census, they do not take into account the rapid redevelopment of Northbridge that is currently taking place, largely due to the work of the Metropolitan Redevelopment Authority (“MRA”). MRA’s Vision MRA’s vision is to transform Perth into a vibrant, connected city that can meet the needs of its growing population. MRA’S Northbridge Projects •
New Northbridge MRA is responsible for the New Northbridge urban renewal and regeneration project, which covers 27 hectares of land bounded by Newcastle, Aberdeen, Fitzgerald, Parry and Lord Streets. This project began in 2000 when the Graham Farmer Freeway tunnel was constructed, releasing the land above for redevelopment. As part of this development, MRA is -­‐
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facilitating $300 million of investment, creating 460 new residences for 1250 people creating 70,000 sq m of new retail and commercial space 10 -­‐
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attracting 3,500 new workers to the area. The New Northbridge project is now 70% complete. Perth City Link MRA is working with the Public Transport Authority, the City of Perth and the Federal Government to redevelop a 13.5 hectare area bounded by the Mitchell Freeway, Roe Street, Wellington Street and the Horseshoe Bridge. By sinking the Wellington Street Bus Station and the Fremantle Rail Line, the intention is to create a vibrant mixed use precinct which will remove the division between Northbridge and the CBD for the first time in more than 100 years. Amongst others, the aims of the project are to: -­‐
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provide a focus for public life, with the creation of an improved and new public realm optimise the appeal of the CBD and Northbridge and forge a connection of the two areas create better connectivity and access to public transport assist in supporting the revitalization of the Perth Cultural Centre. -­‐
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Perth Cultural Centre MRA is engaged in an ongoing project of revitalizing the Perth Cultural Centre. To date, this has included: -­‐
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creating new attractive spaces including the urban orchard and wetland installing additional lighting adding landscaping and furniture creating retail pods and temporary kiosk sites to house café style vendors and retail outlets establishing a coordinated events program -­‐
William Street In support of the Cultural Centre Revitalisation, the State Government through MRA has also spent $6 million revitalizing 16 properties on the eastern side of William Street between Roe and Newcastle Streets. MRA’s goal was to transform William Street into one of Perth’s most exciting, creative and cosmopolitan destinations. A mix of businesses have already moved into these premises, including fashion stores, creative industries, bars and restaurants. 11 The above development activities show that Northbridge is experiencing somewhat of a renaissance, which has lead, and will continue to lead to substantial growth in numbers of residents and visitors. 4.1.5 Perth Cultural Centre As the Locality includes the Perth Cultural Centre, (indeed the premises are located right at the gateway to the Cultural Centre), it is therefore important to examine the institutions that it comprises, and the people that the precinct attracts. The Perth Cultural Centre is made up of the following: State Theatre Centre The State Theatre Centre is a spectacular new building which opened in January 2011 and is now the State’s premier destination for performing arts. It is made up of 2 theatres, the Heath Ledger Theatre with a seating capacity of 575 people, and the Studio Underground, which accommodates 200. If fully booked, the State Theatre Centre can attract almost 800 patrons a night. Obviously for popular shows that have matinees the same number of people may also be drawn to the Theatre during the day. The Art Gallery of Western Australia The Art Gallery of Western Australia houses Western Australia’s art collection, as well as hosting visiting exhibitions from time to time throughout the year. On some days it attracts several thousand visitors. Last year 354,216 people participated in a diverse calendar of events at the Gallery (i.e. an average of almost 1000 per day). [Annual Report 2013/2014] The State Library of Western Australia Almost 1.3 million people (i.e. approximately 3,500 per day) visited the State Library Building last year to access its collections and resources. The State Library employs approximately 200 staff. [Annual Report 2013/2014] Western Australian Museum The Western Australian Museum’s Perth building had 481,062 visitors last year to enjoy its exhibitions (an average of 1317 per day). [Annual Report 2013/2014] Blue Room Theatre The Blue Room Theatre is the trading name of the Performing Arts Centre Society, and operates to develop performing arts practitioners by providing affordable and accessible resources, services and support. The Blue Room operates as a centre for artists to meet, develop, rehearse and perform. In 2014, the Blue Room supported 469 12 artists in 46 productions and attracted 21,000 audience members. [Annual Report 2013/2014] Perth Institute of Contemporary Arts PICA is one of Australia’s leading centres for the development and presentation of contemporary art. It is both a producing and presenting institution that runs a year round program of changing exhibitions, contemporary dance and theatre performances, as well as boasting a large exhibition space for presenting significant new work. It had a total attendance of 250,000 to its programs in 2014. [2014 Annual Report] Clearly, a large number of people are being drawn to the Perth Cultural Precinct every day (an average of approximately 7,000 people spread across the Museum, Library, Art Gallery and State Theatre alone). 4.1.6 Fringe World Festival Another key development in Northbridge’s renaissance in recent years has been the emergence of the Fringe World Festival. The Fringe World Festival first started in the summer of 2012 and is held over a month in January/ February each year in and around the Perth Cultural Centre. The event brings hundreds of thousands of people to Northbridge and the Cultural Centre each year. This exposure in turn has helped to put Northbridge on the map as an entertainment precinct for mature, professional patrons who previously might have eschewed the suburb. To cater for the demands of the thousands of consumers who desire to eat, drink and socialize after a show, several pop-­‐up bars and restaurants are operated throughout this period. These pop-­‐up bars all applied for and were granted 2.00am licences last February. It is clear that these pop up bars are pointing the way towards what the community is demanding from its cultural and entertainment precincts. 4.1.7 Changing Face of Northbridge The initiatives and developments described above have changed Northbridge considerably in recent years. When the Bread and Circuses Group initially sought approval for Mechanics’ Institute, one of the first small bars in Northbridge, Northbridge was still a relatively unsophisticated entertainment precinct populated mainly by large pubs and nightclubs. The focus was on young adults (18 – 24 years old) and the area had a much-­‐publicised reputation for alcohol-­‐fueled violence. Prior to the redevelopment initiatives described above, the suburb was becoming run down and arguably in decline. 13 In the last few years Northbridge has undergone, and continues to undergo, significant change. It is now home to a large number of sophisticated small bars and restaurants, and the demographics of visitors to the area have changed accordingly. 4.2 Services and facilities at the premises The services and facilities offered by The Dominion League are described in detail above. These same services and facilities provided during current trading hours will also apply to the extended trading hours sought. We do not intend to change any aspect of the current manner of trade – this application only seeks to increase our trading hours. 4.2.1 Saturdays and Sundays Enabling the whole venue to trade during the day on Saturdays, and on Sundays, merely reflects already long-­‐established community expectations. Hospitality is by its nature a weekend-­‐
focused business. The community desires to socialise on the weekends, and our current trading hours only permit us to be open for a total of 7 hours on the weekend. Clearly this makes it very difficult to cater adequately for the demands of our customers, particularly given the venue’s location adjacent to Perth’s Cultural Centre precinct, which only truly comes alive on the weekends. We are also close to the NIB stadium – earlier this year we had to obtain a one-­‐off ETP to cater for a 4pm corporate function held before a Saturday evening soccer game at NIB stadium. To have to get special permission to open at 4pm on a Saturday afternoon is clearly not consistent with public expectations in 2015. 4.2.2 Late Night Trade As described above, The Dominion League, and in particular, the basement bar, has the feel of a late night lounge bar / speak easy, and this is reflected in our patronage; the basement bar does not start to fill up until 9pm on Friday and Saturday nights, reflecting the fact that our patrons have often already been to dinner or a show in the Cultural Precinct. We offer the perfect intimate and cosy space for a late night drink and snack, and accordingly we generally still have a good crowd at closing time. Our patrons are still enjoying each others’ company and our hospitality at midnight and are disappointed at having to cut short their evening. The Dominion League is also very popular for functions, and this is a core part of our business. On Fridays and Saturdays in particular we usually have several bookings for groups of 20 or 30 people for birthday celebrations or corporate events. These events often do not commence until 8.30 or 9.00 pm and the groups are still enjoying themselves at midnight. Rather than having to leave The Dominion League at midnight and head to a nightclub these groups would benefit from the freedom of being able to relax and enjoy the venue without time constraints. 14 The common question we are asked by patrons at closing time is: “Where can we go now?” We have difficulty providing a recommendation for a suitable next venue for our customers, particularly as most venues that are currently permitted to open after midnight in the area are almost all large pubs or nightclubs focused on attracting young revelers. As already set out above, this problem has been recognised by the organisers of the Perth International Arts Festival and the Fringe World Festival -­‐ all of the temporary pop up bars operating throughout the Cultural Centre precinct during this period applied for, and were granted, 2.00am licences for the duration of the Festivals. 4.3 How will the proposed premises fit into the amenity of the locality? The premises has been a licensed venue for almost 25 years so it is already an integral part of the amenity of the locality. No physical changes will be made to the venue -­‐ increasing trading hours will simply add to the amenity of the locality as the food and beverage services offered by the venue will be more available to the public. As already set out above, there are no sensitive or at risk groups near the premises. 4.3.1 Public Transport In terms of Public transport, Perth Train station is a few minutes walk away (with free services running from 12.30am until 2.15 am on Friday and Saturday nights), and there is a bus stop 50 metres from the venue. As Beaufort St is the major thoroughfare, taxis are plentiful, and Uber is of course now also available. 4.3.2 Parking The streets in the immediate vicinity are lined with street parking, and there are several large multi-­‐storey carparks located nearby. 4.3.3 Contribution to Streetscape The Dominion League is housed in a wonderful heritage-­‐listed building and accordingly adds significantly to the streetscape with al fresco seating and recently-­‐restored façade. 4.3.4 Potential impact of the premises on the level of noise and anti-­‐social activities in the locality? As set out already above, the Dominion League is a low impact, professionally managed venue that attracts discerning, well-­‐behaved patrons. It does not currently have any issues with noise or anti-­‐social activities. If anything, increasing trading hours will reduce noise and the risk of anti-­‐social activities as departure times will be more staggered, rather than having a large group of people leaving the venue at midnight. 15 4.3.5 Potential impact of the premises on vandalism, litter and criminal acts The Dominion League is not currently the source of any such activity, and increasing trading hours will not change this. The venue is, however, an “activity generator” enlivening the street and providing light in accordance with CPTED principles, thereby improving safety in the area at night. Increased trading hours will accordingly enliven the street for longer, and assist in decreasing crime. 4.4 Positive recreational, cultural, employment and tourism benefits There are clear benefits associated with increasing trading hours at The Dominion League. 4.4.1 Recreational benefits The exceptional hospitality offered by The Dominion League is a clear benefit to the public and extending trading hours will make these services more available to the public. The ability to open on Saturdays during the day and Sundays will be of significant benefit to people visiting the Cultural Centre on the weekends who are in need of fine food and beverage services. Later trading on Friday and Saturday nights will enable patrons to linger longer without time constraints. It will also provide the perfect venue for patrons who have been out for dinner at another venue in the area to continue their evening. 4.4.2 Cultural benefits Given its proximity to Perth’s Cultural Precinct, The Dominion League provides the perfect end to an evening of culture. Extended trading hours will enable people who are attending a performance in the Cultural Precinct to relax with fine food and beverages afterwards and continue to enjoy their evening in the city. 4.4.3 Employment benefits Clearly, longer trading hours will result in more hours of employment for our existing staff, and enable us to hire additional staff. 4.4.4 Tourism benefits Northbridge is “on the map” as Perth’s preeminent nightlife destination and accordingly attracts a large number of tourists. Tourists are, of course, on holidays, and looking to enjoy themselves. Longer trading hours at The Dominion League will therefore be of significant benefit to tourists, and will be consistent with their expectations of a vibrant city, particularly given the more liberal trading hours tourists have come to expect in their home states in Australia, or home countries. In this respect, we attach at Appendix F a letter of support from Howard Cearns, Deputy Chair of Tourism WA, co-­‐founder of Little Creatures Brewing, and respected entrepreneur. Howard expresses things more eloquently than we can: 16 “With my tourism hat on…we have quality food and beverage as a key strategy to grow visitor numbers. It is important we support good operators and allow them the trading hours to compete with the wrong culture and poor product…to faster enable the gentrification of our inner city neighborhoods. Tourists crave the accessibility of leading and historic…venues such as The Dominion League on weekends and late into the night, to provide sophisticated and safe options to the challenging nightclub alternative” 4.5 Support of City of Perth We acknowledge the significant support of the City of Perth in assisting to establish our venue. The City is actively trying to increase the vibrancy of the City and the diversity of its hospitality offering. The City has provided us with a Section 40 Certificate to confirm that our proposals are consistent with all planning laws. 4.6 Other Outlets in the Locality A search of the Department of Racing, Gaming and Liquor’s website for active licensed premises in “Northbridge” and “Perth” on 15th October 2015 revealed 96 licensed premises within 500m of The Dominion League. Of these, almost half (45) are restaurants. Excluding restaurants, as well as the following: •
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4 hotels 2 liquor stores 3 theatres/cinemas 2 amusement venues 1 food hall 2 social clubs 1 Asian grocery store 1 Sauna club. we are then left with: •
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8 nightclubs operating under a nightclub licence 16 bars/taverns operating under either a tavern licence or a special facility licence. 11 small bars Clearly, nightclubs are in a different category of licensed premise altogether and need not be considered. Below we list each of the 27 bars and/or taverns operating under either a tavern licence, special facility licence, or small bar licence within 500m of The Dominion League. 17 Premises Name Licence type Address The Brass Monkey Tavern 209 William Street, Northbridge Universal Bar Tavern 221 William Street, Northbridge PICA Bar & Café Tavern 51 James Street, Northbridge The Cure Tavern Tavern 73 Francis Street, Northbridge Outback Jacks Tavern 124 James Street, Northbridge The William Street Bird Tavern 179-­‐181 William Street Northbridge The Skye Bar Special Facility Licence 69 Aberdeen Street, Northbridge Ezra Pound Small Bar 189 William Street, Northbridge Frisk Small Bar 103 Francis Street, Northbridge Matches Small Bar 91A James Street Northbridge Porky’s BBQ and Bar Small Bar 94 Aberdeen Street, Northbridge Sneaky Tony’s Small Bar 38 Roe Street, Northbridge iDarts Nix Small Bar 101 James Street, Northbridge 399 Bar Small Bar 399 William Street, Northbridge Brika Small Bar 177 Stirling Street, Perth The Standard Tavern Restricted 28 Roe Street, Northbridge Court Hotel Tavern 50 Beaufort Street, Perth Bar 138 on Barrack Tavern 130 Barrack Street, Perth Packaz Café Tavern 300 Wellington Street, Perth Breve Café & Bar Small Bar 158 Murray Street, Perth Mechanics’ Institute Bar Small Bar 222 William Street, Perth Lot 20 Small Bar 198 William Street, Perth Moon & Sixpence Special Facility Licence 300 Murray Street, Perth The Aviary Tavern Restricted 140 William Street, Perth My Place Bar & Restaurant Tavern Restricted 70 Pier Street, Perth Jamie’s Italian Tavern Restricted 140 William Street, Perth Brotzeit German Bier Bar & Restaurant Tavern Restricted 140 William Street, Perth Of the above list of licensed venues, the only venues that may trade beyond midnight pursuant to a late trading ETP are large bars and taverns. None of the bars and taverns currently permitted to trade beyond midnight offer the type of relaxed, comfortable low-­‐impact environment, good food and refined beverages, and knowledgeable, personal service offered by The Dominion League 18 5. HARM OR ILL-­‐HEALTH – SECTION 38(4)(B) 5.1 At risk groups or sub-­‐communities The PIA Policy requires us to consider if there are any “at risk” groups or sub-­‐communities within the Locality, travelling through the locality or resorting to the locality. The Department, referencing in the PIA Policy the Drug and Alcohol Interagency Framework for Western Australia Strategy 2011 -­‐ 2015, has identified the following groups and sub-­‐
communities as potentially being “at risk” of harm or ill health caused due to the use of alcohol: •
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children and young people aboriginal people and communities people from regional, rural and remote communities families migrant groups from non-­‐English speaking countries people in low socio-­‐economic areas mining communities or communities with a high number of itinerant workers; and/or communities that experience high tourist numbers. An analysis of Perth and Northbridge demographics above shows that the Locality has a significantly lower than average number of resident •
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aboriginal people and communities, children and young people; and families, reflecting a lower risk of harm to these groups in the Locality. Similarly, the demographics show that households in the Locality have a significantly higher income than the average, indicating that the Locality is a high socio-­‐economic area, lowering the risk of harm to people in low socio-­‐economic areas. The demographics do show, however, a higher number of migrant groups from non-­‐English speaking countries. In addition, the Locality experiences larger tourist numbers than average. We also acknowledge that given the suburbs of Perth and Northbridge are shopping and entertainment precincts, there is bound to be people from the “at risk” groups listed above who visit or pass through the Locality from time to time. Given the type of venue The Dominion League is, and our strategies to minimize harm set out further below, it is difficult to see how later trading hours at a bar like The Dominion League will put any of these groups at any greater risk of harm or ill health. 19 5.2 Social health indicators We are the first to acknowledge that The Dominion League is adjacent to the Northbridge entertainment district and that Northbridge has had a history of significant alcohol-­‐related problems. We have read several academic studies including: • Is your house in order? Re-­‐visiting liquor licensing practices and the establishment of an entertainment precinct in Northbridge.(Research report commissioned for the WA Commissioner of Police by Vincent Hughes, Ben Thompson) • Wipe your feet we’re cleaning up Northbridge George, Palmer, Cream 2006 • Study of Extended Trading Permits (May 1997) Dr. T. Chikritzhs. In the process of preparing a prior liquor licence application, we have also met with representatives from with Drug and Alcohol Office of the Department of Health, and with licensing enforcement officers of the WA Police to discuss their concerns. We therefore have a good understanding of the concerns expressed by various stakeholders in relation to Northbridge and the operation of its licensed venues. Clearly, the major consideration in assessing an application such as this for extended trading hours for a venue adjacent to the Northbridge entertainment precinct is the level of alcohol-­‐
related harm (and in particular, alcohol-­‐related violence) within Northbridge. The following table sets out crime statistics for Northbridge for the 12 months ending 30th June 2015: Northbridge Crime Statistics – Western Australia Police July 2014 – June 2015 Month Assault July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 42 36 28 32 23 41 30 30 47 28 26 33 396 Burglary (Dwelling) 2 1 0 0 2 0 2 2 6 2 5 2 24 Burglary (Other) 1 1 0 4 2 2 3 4 5 1 5 7 35 Graffiti Robbery 0 4 1 3 1 0 0 0 1 0 1 4 15 0 0 0 0 0 0 2 2 2 2 3 4 15 Steal Motor Vehicle 4 1 4 1 3 4 2 1 3 3 0 2 28 20 Of the crimes set out in the above table, it is reasonable to assume that alcohol is a contributing factor in the level of assaults. Looking back at assault figures for the last decade it would appear that incidences of assault have fallen significantly and have settled at a figure below 400 per annum for the last 3 years, down from a high of 705 in 2007/2008 (representing a fall of 43.8%). The average level of assaults for the last three years is 39% lower than the average level of assaults for the three years commencing in 2005. Assaults in Northbridge WA Police Northbridge Crime Starsrcs www.police.wa.gov.au 800 700 600 500 400 300 200 100 0 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 It is therefore clear that whilst there is still a significant level of alcohol related harm occurring in Northbridge, the level of harm in terms of violent assault is declining. This decline has occurred whilst the number of licensed venues in Northbridge has actually increased. (A search of the Department of Racing, Gaming and Liquor’s website for active or conditionally granted licensed premises in “Northbridge” on 3rd February 2011 revealed 91 licensed premises – the same search done on 13th October, 2015 revealed 112 licensed premises). Arguably, the increased number of licensed venues over the last few years has contributed to this decline. Northbridge has evolved from a relatively unsophisticated entertainment precinct with a focus on large pubs and nightclubs attracting large groups of 18 to 24 year olds for the “big night out”, to the thriving hub of bars and restaurants that it is today. Whilst large pubs and nightclubs remain, Northbridge now appeals to a broader, more sophisticated 21 demographic. We predicted this in our PIA for our Liquor Licence Application for Mechanics Institute in 2011: As discussed further below, however, we strongly believe that the style of venue we will be offering will contribute, in the longer term, to a change of the face of Northbridge. As Northbridge evolves, through, amongst other measures, EPRA’s revitalization projects, into a more multi-­‐faceted inner city destination suburb, the demographic of visitors to the suburb will become more eclectic and varied. By promoting a more European-­‐style drinking culture, attracting a broader cross-­‐section of society to enjoy Northbridge, we believe the problems of Northbridge can be reduced over time. We acknowledge that the level of alcohol-­‐related assaults between 12 midnight and 2.00am on Friday and Saturday nights are the highest recorded during the week, and that these hours of trade are problematic for Northbridge. However, in the same way that a more diverse and multi-­‐faceted offering of venues has arguably contributed to the decline in alcohol related violence in recent years in Northbridge, we submit that granting venues like The Dominion League extended trading hours will assist in reducing alcohol related harm during these later hours. In this respect we believe that late night venues are the final frontier in the ongoing maturation of Perth’s hospitality offering -­‐ Perth is yet to offer sufficient diversity of choice of low impact venues for those patrons wishing to stay out and socialize past midnight. Even if the Department does not accept this contention, we hope it will be persuaded by the view of the Liquor Commission in Penzance Pty Ltd v Director of Liquor Licensing LC 39/2014 as follows: “Whilst the data presented show that increased trading hours are associated with an increase in harm, the Commission is of the view that an increase in the venue trading hours as proposed in this ETP application, would not, in itself, contribute to a degree of harm and ill-­‐health beyond that which currently exists in the locality. The fact is that the venue has a liquor licence to trade to 12 midnight on a Friday and Saturday night, therefore patrons attending the venue up until that time will already be in the Northbridge locality. Without the applied for ETP those patrons will be required to leave the premises at 12 midnight and it then becomes problematic as to how many will seek to migrate to other Northbridge venues or alternatively, will leave the locality. It would be expected that many would seek another venue option. The migration factor has been a well-­‐recognised contributor to anti-­‐social behavior, as patrons from different venues mingle in the street and in many instances, join queues for access to another venue. Should the applicant be granted an ETP then there may be a more orderly dispersal of patrons from the venue over the 12 midnight to 2.00am period with a significant reduction 22 in the need to migrate to other premises. The Commission is of the view that this outcome is more preferable than having up to 450 patrons exiting the premises at midnight” We agree with all of the Commission’s views set out above. Although we believe that in time allowing venues like The Dominion League extended trading hours will actually reduce harm, at the very least we agree with the Liquor Commission that increasing trading hours at an existing venue will “not, in itself, contribute to a degree of harm and ill-­‐health beyond that which currently exists in the locality”. As we understand it, the alcohol-­‐related harm that occurs in Northbridge mostly involves young people aged 18-­‐25. As the Safer Northbridge Committee report points out, there is an “imbalance that comes from being an entertainment precinct whose appeal is disproportionately skewed in favour of alcohol related activities for 18-­‐25 year olds”. Our analysis of the types of venues presently operating in Northbridge that can trade after midnight would seem to support this contention. It seems to us that for the most part, licensed premises trading after midnight in Northbridge (other than restaurants) are large venues with a business model that is aiming to attract young people (18-­‐25) with a party-­‐type atmosphere (live music and DJs) for a “big night out”, mainly on Thursday, Friday and Saturday nights. 5.3 Strategies to minimize harm In contrast, our aim with The Dominion League is for it to be primarily a meeting place for mature and discerning people to come together and socialize. Our goal has been to create a relaxed space where small groups of people, of varying ages and backgrounds, feel comfortable conversing and enjoying each other’s company. Rather than promoting consumption of large quantities of alcohol, we like to think our customers adopt all of our venues as an alternative to their living room – a place to catch up with friends and socialize in a controlled and safe environment. Our strategies to minimize harm or ill-­‐health are therefore centered around this core business philosophy, and include the following: 5.3.1 Design and fit-­‐out, ambience Our design emphasis is on under-­‐stated, comfortable style with a quirky twist rather than glamour and glitz. Our focus is on creating venues that encourage people to sit and converse, and as such we offer comfortable seating for the majority of patrons. In our past discussions with the Department of Health, we learnt that when people are comfortable, they are less likely to drink to excess. 23 With our interior design we also hope to create talking points that create interest in, and affection for, the venue itself: ultimately we believe that it is the venue itself which is the product, and the food and beverage offerings are almost ancillary. 5.3.2 Music As our aim is to promote socializing and conversation, we play music at a level, and in a style, that makes people feel comfortable and permits conversation. The Dominion League therefore does not appeal to younger patrons who are generally seeking larger venues offering dance music for a “big night out”. 5.3.3 Patron numbers We are licensed to accommodate no more than 200 patrons. As set out above, the venue is split between two levels so in fact is more in the nature of two “small bars”. 5.3.4 Beverage offerings Although we offer a wide range of alcoholic and non-­‐alcoholic drinks, our emphasis is on fine cocktails, spirits, and in particular, whisky. We stock over 170 fine whiskies, most of which are expensive and therefore to be savoured rather than consumed rapidly. 5.3.5 Food Food is always available to patrons of the bar. 5.3.6 Low visibility location Although adjacent to the Northbridge entertainment precinct, The Dominion League is not actually in the entertainment precinct. Accordingly, it is not on the radar of young people seeking a “big night out” in Northbridge. 5.3.7 Well-­‐trained staff, and personal service The Dominion League staff operate in accordance with the harm minimisation policies and procedures as set out in our Management Plan and Code of Conduct (attached with this application at Appendix G). In our businesses we have found that the intimate scale and smaller patron numbers of small bars allow our bar staff to “get to know their customers”. It goes without saying that all of our staff are RSA trained. In addition, however, we ensure they are trained to offer personal service. Small bar operators have the advantage of coordinating service from small numbers of bar staff operating as a cohesive and tight-­‐knit team. This allows continuity of service and the ability to develop a relationship with patrons as an evening progresses. 24 By engaging with customers, discussing the products, and establishing a personal connection, we find that this makes fulfilling our obligations of responsible service much easier for two reasons: it is easier to monitor consumption of patrons, and in the event that it is necessary to curtail or cease service to any particular patron, this can be achieved without offence because of the relationship of mutual respect that has developed between bar staff and patron. 5.3.8 Security We work closely with Perth’s premier security company, NPB who supply us with high quality crowd controllers as required. The Dominion League has constant CCTV in operation. 5.4 Success to date Our record as a responsible operator of a low-­‐impact venue stands for itself – in our first 12 months of trade we have had no incidents of note or liquor infringements. 5.6 Lock-­‐Out Should our application be granted, we would be happy to be subject to a lock-­‐out condition on Friday and Saturday nights such that persons other than an “authorized person” may not be permitted to enter or re-­‐enter the premises after 1.30am. 6. OFFENCE, ANNOYANCE, DISTURBANCE OR INCONVENIENCE – SECTION 38(4)(C) We have considered the impact that may be caused to people who reside or work in the vicinity of The Dominion League as a result of extended trading hours, and we believe that the risk of offence, annoyance, disturbance or inconvenience is very low. We will continue to operate the venue in accordance with established harm minimsation strategies as set out above to ensure the risk of offence, annoyance, disturbance or inconvenience remains low. a) In terms of the physical aspects of the venue, we will ensure it continues to be maintained to a very high standard. b) We will always ensure the venue retains a sophisticated, low-­‐key ambiance. c) Crowd controllers will continue to be engaged for busy times. CCTV will continue to be in operation at all times. d) Patrons who do not meet our standards of behaviour will be required to leave the venue. e) We will continue to place an emphasis on the enjoyment of fine, premium products that are to be savoured, rather than consumed rapidly. f) We will make food available to our patrons whilst we are open. 25 g) We will continue to offer personal, knowledgeable and engaged service. h) We will continue to offer a large amount of seating – with over 70% of total capacity able to be seated. 7. OBJECTIVE EVIDENCE OF PUBLIC SUPPORT We have conducted surveys and questionnaires of the public in relation to our proposed extended trading hours and have received strong support. Most people were happy to take the extra time to complete the more detailed questionnaire. We attach with this PIA: 205 completed questionnaires; and 17 completed public surveys. 100% of the people who participated in the questionnaires answered YES to the following questions: 1. Do you support the application by The Dominion League to extend its trading hours? 2. Do you enjoy going to bars and restaurants on Saturdays and Sundays 3. Have you ever required bar services such as those offered by the The Dominion League in and around the Northbridge cultural precinct after midnight on a Friday and Saturday night? 97.5% of people answered NO to the following question: Do you think people who may be seeking a sophisticated bar experience in Northbridge after midnight (rather than a danceclub/nightclub experience) are currently adequately catered for? 75% % of people indicated they would use the extended trading hours at The Dominion League at least fortnightly. The following are a selection of comments extracted from completed questionnaires: In response to the question: do you think people who may be seeking a sophisticated bar experience in Northbridge after midnight (rather than a danceclub/nightclub experience) are currently adequately catered for? No, most late night bars are just about excessive drinking and not about enjoying time with friends in a quiet environment – Z Walsh 26 I feel that it would benefit myself, and my friends if there was somewhere to drink after hours that didn’t just play repetitive dance music. So we could actually have a decent conversation. – K Kirkman There are only nightclubs open after 12 midnight . Not everyone likes nightclubs! -­‐ E Hornsey The lack of such venues at these times don’t allow for a more mature patron to frequent Northbridge at this time. – D Scoble There is nothing like The Dominion League around. Super cool, chilled and sparks good conversation over drinks. Places like this creates culture! -­‐ J Sher Most venues open past midnight don’t currently cater for patrons that would like a more relaxed/casual environment – C Selkirk A definite no unfortunately! As a regular bar patron in the area, Northbridge lacks venues that serve good drinks with beautiful details past 12. I’m looking forward to Dominion League opening after hours to provide fellow patrons with a unique experience – D Mangathurai We usually head home after midnight as no bars are open – only nightclubs after this time. So I would love it to stay open later! – A Heath There has been too many experiences that people have had with dark clubs and cheap drinks. People want a special experience, a drink that takes you to another level, bartenders that treat you like family and teach you history of the drinks you have! – P Nayar Please! I am definitely more interested in venues that are less like packed in herds of cattle (nightclubs). Civilized smaller scale venues are much better for responsible socializing than often aggressive nightclubs – C Godier. Currently options are limited unless you want to go to a seedy club. It would be great to have a social drink with friends in a classy venue – M Evans Working in hospitality I find it difficult to be catered for when I knock off my weekend shifts – G Atkins I feel although there are many bars in Northbridge open till 2 there are not many that fit an older crowd – M Sarich At present, only some pubs and nightclubs in the Northbridge area have late opening licences. These venues do not provide an appropriate environment for quiet drinks -­‐ J Moran 27 Few places exist that accommodate people who enjoy a relaxed atmosphere where they can enjoy quality drinks without straining their ears trying to hear the person beside them – C Cooper No, in fact Northbridge needs more of these. We are not all 18! – S Bowman In response to our request to provide any other comments: A great idea. Makes it feel more like home (LA/NY) – A Smith Great idea, need a late night venue to sit and talk while enjoying a few drinks – L Dewhurst I fully respect the operators of this business and I expect they would comply and exceed all expectations – S Emmerson Fully supported. As a CBD resident we need more venues within walking distance – B Seager It’s a great idea and is what Perth needs. It’s good the local economy and to curb violence as people will have other options than nightclubs. – M Gardiner I believe Dominion League is a venue on the front of breaking the “nanny state” image of Perth and doing so in a safe manner. Extending the licence would make WA Polices’ life easier. – B Richardson. It would be really nice to be able to go here for a drink/food on Sundays – E Hornsey Top quality staff and space. Always friendly atmosphere and good creative drinks and food list. Nice area too, extending hours will activate Perth more and isn’t activation the key to winning in life? – J Sher Good environment that attracts lovely people and there is never any trouble – L Bell Given both the standard of service, general high standard of the venue as well as care of cutomer well being, Dominion League is the perfect exsiting venue in Northbridge suited to extended trading hours – C Selkirk The service and variety is outstanding. Perth needs the variety so I would highly encourage the application for extended trading hours be approved – C Mirco I often frequent the city on Sundays to shop or meet friends and feel there are a shortage of places for a polite drink. The same goes for after hours on Friday and Saturday night – somewhere central for a professional crowd to socialize – T Ingram Great casual vibe which provides an alternative to the youth-­‐filled late night establishments currently open after 12am. Somewhere to enjoy company after dinner – J Warren 28 The Dominion League provides a low-­‐key enjoyable social atmosphere and an extension to its liquor trading hours would provide a polite place to socialize later in this area. – Richard B. I absolutely love the cocktails plus the comfortable atmosphere here. You can sit, chat and catch up with friends – a great way to wind down after a busy week. -­‐ L Chisholm I love the ambience of The Dominion League, the bar tenders are brilliant…my girlfriends and I love coming down for a cheeky wine and some delicious food! Stay open longer, later! -­‐ M Long We need more venues that offer a safe sophisticated experience like The Dominion League to continue to make Perth a relevant city and exciting for visitors and locals alike. – L Eagleton This is a fantastic idea. Bring Perth in line with other Australian cities. – M Evans. The place has a great vibe, that nowhere else has and I’m often keen to stay rather than kick on to somewhere else! -­‐ M Sarich The Dominion League is an award-­‐winning establishment and places such as this should be able to operate for longer hours during periods of peak activity over the weekend. -­‐ C Cooper I strongly believe that drawing an older and more sophisticated crowd to Northbridge would benefit everyone in the long run. Take fringe festival for example, between Feb and March Northbridge attracts a fare more age diverse crowd and it is a much nicer place after dark. -­‐ G Shields. Based on our public consultations, there is clearly strong public support for the continued evolution of Perth’s hospitality offering to permit low-­‐impact venues such as The Dominion League to offer a late night alternative to large pubs and night-­‐clubs. 8. CONCLUSION We submit that based on the submissions detailed above, if consideration is given to the possibility of harm if the application is granted, versus the significant positive benefits to the community if the application is granted, it is clear that the grant of the application is in the public interest, and should be permitted. 29