A 112131
DECISION OF DIRECTOR OF LIQUOR LICENSING
APPLICANT:
1. EDWARD WILLIAMS AND ALLERTTINA WILLIAMS
2. TC SCOTT PTY LTD
NAME OF PREMISES:
1. BRIDGETOWN REGIONAL WINE CENTRE
2. FREEMASONS HOTEL
SITUATED:
1. 20 GIFFORD RD (CNR STEERE ST), BRIDGETOWN 6255
2. 78 HAMPTON ST, BRIDGETOWN, 6255
LICENSEE:
1.
2.
EDWARD WILLIAMS AND ALLERTTINA WILLIAMS
TC SCOTT PTY LTD
MANAGER:
1.
2.
EDWARD IVOR WILLIAMS
FIONA MICHELLE NITSCHKE
APPLICATION NO:
LICENCE NO:
1.
2.
8989
1053
NATURE OF APPLICATION
1. BRIDGETOWN REGIONAL WINE CENTRE – LIQUOR STORE
2. FREEMASONS HOTEL – ALTERATION REDEFINITION
1.
BACKGROUND
This decision concerns two conflicting applications, which I have decided should be heard
simultaneously.
While I accept that the statutory criterion relevant to each application is different, in one sense the
two applications are similar to the applications considered by His Honour Judge Greaves in
Ravensthorpe Palace Motor Hotel; Regport Pty Ltd v Dayview Pty Ltd [2001] WALLC 11, whereby
His Honour granted a new liquor store licence for Ravensthorpe and refused the alteration and
redefinition application lodged by the licensee of the Ravensthorpe Palace Motor Hotel.
Similarly, there is an onus on the applicant (licensee, TC Scott Pty Ltd) to establish on the balance
of probabilities that the grant of the hotel alteration and redefinition application is in the public
interest, pursuant to sections 77(4) and 33(1) of the Liquor Licensing Act 1988 ("the Act").
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With regard to the application lodged by Edward Williams and Allerttina Williams for the conditional
grant of a new liquor store licence, under section 38(2b)(a) of the Act the onus is upon the
applicant to establish on the balance of probabilities that the reasonable requirements of the public
for liquor and related services in the affected area cannot be provided for by licensed premises
already existing in that area. That is, cannot be provided for at all, or cannot be provided for
without occasional difficulty or substantial inconvenience to the relevant public. Therefore, there is
a more difficult test for Mr and Mrs Williams.
Both applications were advertised. During the hearing held on 26 and 27 June 2003, the applicant
for the liquor store licence was represented by Mr D Mossenson of Phillips Fox, and the applicant
for the Freemasons Hotel, Bridgetown alteration was represented by Mr Ashley Wilson, partner of
Frichot and Frichot, Barristers and Solicitors.
At the outset, Mr Wilson submitted that the objection to his clients’ application, lodged by the
applicant for the Bridgetown Regional Wine Centre, should be struck out. Mr Wilson emphasised
that it was lodged out of time (ie: 1 November 2002) and that no affected area had been set, as the
requirement to advertise the application had been waived. The transcript reflects the reasons why
I allowed the objector to be heard. However, in any event that decision is of little consequence to
the final determinations made with respect to these two applications.
2.
MERITS OF LIQUOR STORE APPLICATION
Exhibit 1 submitted by Mr and Mrs E & A Williams provides details of the proposed Bridgetown
Regional Wine Centre. In particular, I note the following at page 3:
“
1. This is an application by Edward Williams and Allerttina Williams for the grant of a liquor
store
licence
and
Sunday
extended
trading
permit
to
be
situated
at
20 Gifford Road, Bridgetown and to be known as Bridgetown Regional Wine Centre.
2. The applicants currently own and operate Clovers General Store on the corner of
Gifford Road and Steer Street, Bridgetown. They propose to expand their operation to
the Bridgetown community by providing a packaged liquor service. The liquor store is to
be constructed adjacent to the existing general store on land currently vacant.
3. The motivation behind this application is the applicant’s desire to provide in Bridgetown:
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3.1 a community liquor store;
3.2 a packaged outlet that stocks a reasonably comprehensive range of liquor
products not otherwise available in Bridgetown;
3.3 a liquor outlet with a range of services and facilities not presently available;
3.4 a showcase of the producers which are operating in the surrounding region in a
centrally located town based outlet;
3.5 take-away liquor products that are realistically priced;
3.6 Sunday trading; and
3.7 a one-stop shopping outlet which is conveniently located and dedicated to serve
the needs of the local residents and visitors.
4. The applicants previously owned the Wongan Hills Roadhouse before moving to
Bridgetown about 16 years ago, at which time they purchased the general store. They
have successfully operated the general store as a family business since then. In that
time they have extended the premises and expanded the range of stock.
5. The proposed licensed premises will comprise an area of 152.24m2.
6. The proposed site is ideally located being situated on the corner of Gifford Road and
Steere Street, about 500 metres from Hampton Street, the main street in town.
Currently the site is vacant land, adjacent to the general store. The applicants will
develop
the
new
liquor
store
which
will
face
directly
onto
Gifford Road.
7. The store will be clearly visible to all passing traffic and easily accessible from both
streets.
8. By being located adjacent to the existing popular general store it will be very convenient
for one-stop shopping.
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9. Accompanying these submissions are photographs showing the site (including the
existing general store and the vacant land for the liquor store) and its immediate
location.
10. On the council owned land along Gifford Road the applicants have arranged with the
local authority to create a 16 bay purpose built carpark which will supplement the
existing general store parking.
11. The liquor store has been designed in a similar style to the general store which is a
rustic, country style. The general store’s federation – outback style verandah will be
duplicated at the liquor store entrance. The verandah provides an inviting, authentic
frontage which fits very well into the surroundings and is clearly visible from the street.
The overall design blends with the historic Bridgetown environs.
12. Ramp access to the premises, up to automatic sliding doors will provide simple and
easy access for all customers.
13. The liquor store will have a cool room and display fridges as well as ample shelving and
display cabinets.
14. For customer comfort the liquor store will have reverse cycle air conditioning. ”
Exhibit 1 also provides the demographics of Bridgetown.
population of approximately 2,200 persons.
At present, the town comprises a
The projected population for the year 2006, is
between 2,750 to 3,100 persons. The applicant argues that the proposed liquor store is well
located in terms of the developing areas within Bridgetown and that the town itself attracts a
substantial number of tourists each year. The applicant’s analyses of the services provided by
existing licensed premises in Bridgetown, is highlighted at pages 16 to 18.
Document 24 of Exhibit 1, provides an insight as to the difficulties experienced by some residents
living in Bridgetown. For example, I note the statutory declaration submitted by Bruno Antonia
Gresele of lot 441 May Street, Bridgetown where he states:
“As a consequence of the inconvenience and inadequacy of the existing Bridgetown outlet I
buy it in bulk irregularly, whenever I visit Perth to see my daughter, which is usually every
couple of months.
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I buy blocks of cans or stubbies of beer and some cask wine and port. I try to buy enough
liquor to last until I think I will next be out of town. Unfortunately sometimes I have been
caught short and run out which has meant I have been forced to buy from the existing
bottleshop in town.
The existing outlet in Bridgetown does not pass on the specials and better prices.
The existing bottle shop in town operates under the Easy Street banner. However, the
Shop does not provide products at the advertised Easy Street specials that I see in
newspapers.
When products are occasionally on special at the bottle shop they sell out so quickly
because the store obviously doesn’t buy enough stock.
My main motivation when purchasing liquor is price. It is very disappointing that good
prices are not available in Bridgetown when they are in other towns.
The existing liquor outlet does not meet my requirements for packaged liquor at all because
it is simply impossible to get the products I want at the price I am prepared to pay from the
outlet.
I was very pleased to be told by Ed Williams of his proposal for a liquor store to be built
next to Clovers General Store. I have been told about the wide range of services and
facilities the store will have including a competitive pricing policy.
I currently shop at Clovers General Store regularly. I live closer to Clovers than to the main
street in town. It would be extremely convenient for me to shop for liquor at the clovers
location. I would definitely go there to buy my liquor instead of buying from outlets out of
town.
It is often very inconvenient for me to buy in bulk. I have to plan things well in advance
because I don’t know exactly when I will next be out of town and I have to fill up the car. I
really would rather not worry about stocking up. I would prefer to shop for packaged liquor
in Bridgetown close to home, in smaller quantities on a regular basis when I needed to.
That would be so much more convenient.
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Having been a business proprietor in the past I am really annoyed with the current
packaged liquor service in Bridgetown. My friends, family and I get quite angry about it.
For two days before the Christmas break in years past, the existing outlet in town has been
out of stock of standard product lines. That is not good enough when people are socialising
and really needing to buy the liquor they want for the holiday period. That is terrible
customer service. The owner of existing liquor outlets does not seem interested in serving
the people of Bridgetown.
I have observed friends stock as much as 12 blocks of beer cans at their homes at one time
because they have to shop out of town to get a decent price.”
I
also
note
the
statutory
declaration
submitted
by
Christine
Anne
Giblett
of
64 Blenchynden Street, Bridgetown where she states:
“Scotts Tavern bottle shop does not satisfy my requirements for packaged liquor outlet
because:
The bottle shop does not always have in stock the products I want to buy when I want to
buy them.
I like to buy white wine sometimes and find the range limited at Scotts bottle shop.
Any specials are only available warm, not cold.
There is false advertising of the drive-through facility which does not operate as a real
drive-through because service is not brought to the car. You in fact have to go into the
shop to be served.
There is no promotion of wines produced locally. I would like to be informed about local
products and see them on display so I could have the choice to buy them if I wanted to.
This simply does not occur at the bottle shop.”
The above statements were indicative of other statutory declarations submitted by the applicant.
Those
declarations
were
reinforced
with
two
petitions
comprising
a
total
of
362 supporting signatures (documents 24 and 24a), the booklet of 66 supporting letters
(Exhibit 7) and the Patterson Market Research Survey Report at Exhibit 5 (document 24L).
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Page 2 of Exhibit 5 highlights the fact that 49% of the respondents reported substantial difficulty or
inconvenience in accessing 7 trading and free home delivery as trading conditions of the venue
where they would be able to buy packaged liquor. I note that a further analysis of this group
demonstrates that 40% of those do most of their liquor purchasing out of town (page 6 of Exhibit 5
refers).
Mr Mossenson submitted that the experience of Mr Laurie Hurley, a director of Liquor Merchants
WA, who had been engaged by the applicant to be their liquor industry consultant, will provide Mr
and Mrs Williams with the necessary expertise to allow the transition from experienced store
retailers to successful licensees.
The financial statements, the stock list and building plans
submitted are also appropriate for the nature of the proposed business. For these reasons and
based on the needs evidence submitted, Mr Mossenson maintained that the applicants have a
strong case for a new liquor store licence to be granted for Bridgetown.
3.
OBJECTOR’S SUBMISSIONS
Mr Ashley Wilson, partner of Frichot and Frichot, on behalf of the objector, submitted that residents
and visitors to Bridgetown are not being substantially inconvenienced.
Most of the evidence
presented during the hearing centred on the existing services offered by the Scott’s Tavern drive
through facility, together with the proposed new services that will be available if the application for
alteration and redefinition of the Freemasons Hotel is approved.
During the process of
substantiating the merits of the Freemasons Hotel application, however, I noted that there were a
number of deficiencies associated with the existing packaged liquor services offered by Scotts
Tavern and the Freemasons Hotel. Furthermore, the objector was unable to present evidence
which successfully refuted the Patterson Market Research Survey Report which showed that a
significant proportion of those residents surveyed (4 out of 10 packaged liquor buyers), purchase
their bulk packaged liquor requirements from liquor outlets located outside of Bridgetown (for
example, from Bunbury and Manjimup).
In this respect, I do not accept that the proofs of evidence of the anti-needs witnesses submitted by
Michael Giovanni Introvigne at Exhibit 16 and Messrs Sean Grant, Greg Brody, Peter David
Gartrell, Trevor Maxwell Holst, Ms Nadia Wheatley at Exhibit 17 were sufficiently persuasive, to
demonstrate that they appreciated the nature of services to be provided at the proposed
Bridgetown Regional Wine Centre in comparison with proposed alteration of Freemasons Hotel.
In my opinion, the objector was unable to successfully challenge the evidence submitted by the
applicants for the Bridgetown Regional Wine Centre licence regarding the high pricing of packaged
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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liquor in the town, poor customer service, lack of choice. Similarly, the survey findings in Exhibit 5,
whereby 49% of respondents had indicated that they experience “substantial difficulty or
inconvenience” when purchasing packaged liquor is a key public interest consideration.
4.
MERITS OF HOTEL ALTERATION/REDEFINITION APPLICATION
Mr Wilson submitted comprehensive evidence to substantiate his client’s application to alter the
licensed premises for the Freemasons Hotel. In particular, Exhibit 14 provides details regarding
the range of services offered at the Freemasons Hotel; the tourism attractions of Bridgetown and
the
region
generally;
and
photographs
of
the
hotel
and
surrounds.
Mr Wilson also highlighted the advantages of the Freemasons Hotel proposed alteration and the
hotel’s natural advantages in terms of its location in the centre of Bridgetown and the historic
importance of the hotel building as a significant attraction for tourists.
Mr Scott, a director of the licensee company, provided a statement of evidence at Exhibit 15 to
support the merits of the application. I note the following at pages 27–41:
“The implementation of the current application has been on hold while the existing
packaged liquor facilities at Scott’s Tavern were being upgraded. The main improvement
which has been carried out to Scott’s Tavern recently is the construction of a modern drivethrough packaged liquor facility at the rear of the premises.
The plans for the bottleshop alterations do not simply involve knocking out a few walls and
building a cool room and some shelving. The proposed bottleshop has been carefully
designed by the licensee in conjunction with David Singe (architect), with a view to creating
a convenient and modern browse-style bottle shop premises.
One of the ways that this has been done is by adding an entrance to that part of the
premises which faces Hampton Street and constructing windows which will compliment the
style and design of the proposed bi-fold windows in the lounge bar.
Because of the
undulation of Hampton Street at that point, the existing level of the floor of the disused
accommodation units at the southern end of the hotel is approximately one to one-and-ahalf metres above street level.
It is an important aspect of the bottle shop alterations that this floor level will be modified
and the entire floor removed and lowered to a more appropriate ground level for the
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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convenience of walk-in browse patrons and also to facilitate wheelchair and pram access to
the bottle shop. Wheelchair access to the premises was one of the conditions of our
planning approval.
At the rear of the premises we will have a loading bay and storage area where deliveries
can be made from the rear car park at the hotel directly into the bottle shop.
In addition to the freestanding packaged liquor display units and wall shelving, there will
also be glass refrigerated display doors opening off the cool room, where chilled liquor
products can be kept and conveniently displayed for the attention of patrons.
There is an area of the premises which is currently used as a storage area which will be
available for use as storage space for stock at the bottle shop. This store room will be
accessed by means of the creation of an access door between the proposed bottle shop
and the storage area.
The proposed packaged liquor stock which is planned for the bottleshop is shown in the
proposed opening stock list for the bottleshop. It can be seen that there is a significant
focus on South West bottled wines and on locally produced wines. ….
Scott’s Tavern features a range of locally produced and South West wines already. ….
However, the range of wines available at the proposed bottleshop will be significantly
greater.
Scott’s Tavern also features a free home delivery service for patrons who require their
packaged liquor delivered to their homes.
The lounge bar alterations have been proposed in order to make the hotel, which is a very
large building, more accessible and inviting to the public. Part of this proposal is to open up
the lounge bar more to the life on the street (ie: Hampton Street) – that is, the pedestrian
traffic and the Hampton Street streetscape – by installing railings and bi-fold windows which
can be opened to permit patrons to look out into the street and persons on the street to see
into the interior of the saloon bar.….
The lounge bar alterations have been conceived and designed to be fully in keeping with
the heritage and historic nature of the Freemasons Hotel. The alterations will also result in
the licensee being able to fully utilise the very large hotel premises for the modern
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requirements of visitors to Bridgetown and residents, in a way that was simply never
contemplated when the hotel was first constructed. I think it is important in a country town
like Bridgetown, which previously had a very distinct and Australian hotel culture, for
licensees to continue to improve, upgrade and add relevance to historical and outmoded
traditional hotel style premises.….
The proposed bottle shop will be a dedicated, purpose-designed packaged liquor facility. It
will
be
accessible
and
visible
from
South
Western
Highway
(ie: Hampton Street) which is the main street in Bridgetown.
It will have shop front windows facing Hampton Street and will be visible from the street to
passers
by.
There
will
be
direct
access
to
the
bottle
shop
from
the
Hampton Street front and the public car-parking in front of the hotel along
Hampton Street.
The Freemason’s Hotel does not currently have a bottle shop, although the Hotel Licence
permits the licensee to sell packaged liquor. To my knowledge, the Freemason’s Hotel has
not traditionally featured a bottle shop facility, and the proposal to modify part of the existing
layout of the premises to incorporate a modern browse-style bottle shop is part of the
licensee’s efforts to improve and modernise the hotel to accommodate the requirements
and expectations of modern packaged liquor customers.
Indeed, the recent construction of a drive-through packaged liquor facility at Scott’s Tavern
is also part of the licensee’s efforts to improve and modernise the existing hotel facilities in
Bridgetown.
For the purposes of the bottle shop alterations, I have had discussions with a number of
liquor marketers and suppliers, including Australian Liquor Merchants and Giants Liquor.
The bottleshop alterations will result in an upmarket and fresh, modern browse bottle shop.
The proposed bottleshop will be developed in the ground floor southern tip of the Hotel
which is currently occupied by small, empty and unused accommodation rooms.
The
licensee has not needed to use the 6 accommodation rooms on the ground floor of the
premises for approximately 5 years because of the significant and increasing numbers of
accommodation facilities in Bridgetown.
infrequently used.
Even prior to that, these units were very
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As such this part of the premises is and has long been under utilised and can ideally be
converted into a convenient packaged liquor facility to service the requirements of the
community and visitors to Bridgetown.
However, the proposed bottle shop alterations to the Freemasons Hotel will not simply
duplicate the Scott’s Tavern drive-through bottle shop but will result in a browse-style bottle
shop which has a distinctly different range of stock than Scott’s Tavern. Indeed the stock
focus in the proposed browse-bottle shop for the Freemasons Hotel will be on wines –
including wines from throughout Australia, the south-west wine growing region and wines
from local wineries such as Lauren Brook, Sunnyhurst and Killinchy.
There will also be a more refined range of spirits products and beers, including boutique
beers and liqueurs. The proposed floor area of the browse-style bottle shop will be 75.5
square metres.….
It is estimated that the available floor area for the proposed bottle shop will enable the
licensee to stock upwards of 100 lines in bottled red wine and 100 lines in bottled white
wines, including in addition to this a significant number of lines in spirits and lines in beer.…
It is proposed that the staff in the proposed browse-style bottle shop will be trained,
uniformed, and knowledgeable in relation to wine and especially the locally produced
wines.
It is also proposed that the browse style bottle shop will feature regular wine
tastings of local wines and other wines which are being promoted in the hotel.
The proposed bottleshop, located as it will be in the centre of the retail, commercial and
dining precinct in Bridgetown, will service not only those residents and visitors who frequent
the main street area and businesses, but will provide a convenient venue at which visitors
to town can purchase liquor to enjoy with a meal while they are dining at one of the cafes or
restaurants in town.
Only one of these is a licensed restaurant, and the provision of a browse-style bottle shop
in a central location will greatly convenience patrons of these dining establishments who
will then be able to browse for a bottle of wine or other liquor product within the dining and
restaurant café precinct on Hampton Street which they can take with them to the restaurant
or café of their choice to have with their meal.….
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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The plans for the bottleshop alterations do not simply involve knocking out a few walls and
building a cool room and some shelving. The proposed bottleshop has been carefully
designed by the licensee in conjunction with David Singe (architect), with a view to creating
a convenient and modern browse-style bottle shop premises.”
In addition to the two licensed premises in Bridgetown, Mr Scott indicated that he has other
business interests, outside of Bridgetown. The accommodation occupancy rates and hotel trading
hours for the Freemasons Hotel, as specified at Exhibit 15 (points 52, 53 and 57), are reflective of
the service that is offered to the public. He acknowledges at point 60 that the hotel is limited in its
ability to sell packaged liquor because:
(a)
Sale over the bar is inconvenient.
(b)
Females may not be comfortable purchasing liquor across the bar.
(c)
There is limited storage space for packaged liquor and currently no space for the display of
packaged liquor.
Since his company’s involvement with the hotel in 1994, the licensee has succeeded in
re-starting the business and now operates at a modest profit. At point 85 of Exhibit 15, he states
that his company has been planning and considering the current lounge bar and bottle shop
alterations at the Freemasons Hotel for approximately three years, and while I accept that the
latest plans for the Freemasons Hotel will provide a significant improvement for the public, the
proposal is simply a bottleshop. As such it is not equivalent to the Bridgetown Regional Wine
Centre proposal, which is designed and intended to be operated as a stand alone liquor store
facility. He acknowledges the alterations have been developed in a way which preserves the
historic nature and importance of the Freemasons Hotel. This is commendable, but in my opinion,
prevents the licensee from providing the same facilities for liquor and related services, as proposed
under the Williams’s application.
5.
REASONS FOR DECISION – LIQUOR STORE APPLICATION
While I initially decided that these two applications should be determined as simultaneous and
conflicting applications, based on the evidence now before me I am satisfied that they are distinctly
different, for the following reasons:
1. The proposed new liquor store is located approximately 500 metres from the town centre,
on the corner of Steere Street and Gifford Road, which is a key tributary route to Boyup and
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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the developing areas towards the East of the town. The Bridgetown Sport and Recreation
Centre is situated nearby (ie: on the opposite corner). In contrast the Freemasons Hotel is
located centrally, on the main road through town, at the corner of Hampton Street and
Steere Street. Both locations have distinct advantages and disadvantages, for example,
customers of the Freemasons Hotel are likely to experience parking congestion at peak
trading times, notwithstanding the additional parking spaces are proposed at the rear of the
hotel. While the proposed Regional Wine Centre liquor store is located away from the town
centre, the proposal has the advantage of one-stop shopping and easy customer access
(fourteen parking bays in total).
2. The liquor store application will specialise in packed liquor sales with tastings of local
wines. In comparison, the Freemasons Hotel provides a range of supplementary services
on the premises, for example: on-premises consumption, accommodation, food and meals;
and packaged liquor. As such, the hotel is not providing a dedicated packed liquor service
in the same manner as the liquor store. The same analysis applies to the existing Scotts
Tavern
drive-through
facility
300 metres away from the Freemasons Hotel.
located
approximately
The applicants’ evidence reflects a
perception by a significant section of the public that the purchasing of packaged liquor from
the proposed Bridgetown Regional Wine Centre will be more convenient and less
confronting than from a hotel or tavern.
3. The Freemasons Hotel application requires extensive modifications to an old historic
building. In contrast, the proposed Bridgetown Regional Wine Centre will be established in
a purpose built building where all essential components of a liquor store (ie: cold room,
refrigerated cabinets, loading access, display cabinets, wine tasting facilities and serving
counters) can be planned prior to construction. As such the premises can be designed and
located to suit customer needs and effective management. The proposed liquor store is
substantially larger than the proposed Freemasons Hotel bottleshop browse and sales
area. As a result, a greater range of liquor products can be offered to the public. I accept,
therefore, that the two proposals will offer different services for the public.
4. The Freemasons Hotel application will create a package liquor area which is much smaller
than the proposed premises for the Bridgetown Regional Wine Centre.
While it could be argued that the two applications before me are similar to that determined by His
Honour Judge Greaves in the Ravensthorpe Palace Motor Hotel, and Regport Pty Ltd v Davey Pty
Ltd case (2001) WALLC 11, there are some significant differences. The town itself is different, as
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Bridgetown is more centrally located and is strategically placed to provide a place of attraction for
tourists and visitors to the South West Region.
It has a larger population; a more sizeable
infrastructure, is surrounded by scenic undulating hills and adjoins the Blackwood River; and has a
number of key places of interest (ie: it is a town with a national historic listing and has a fledging
wine industry developing nearby.
The statements concerning Bridgetown at Exhibits 1 and 14, and the evidence presented during
the hearing, were consistent with my observations during the site visit to the town on 12 December
2002. I noted that the drive-through facility at Scotts Tavern is modern and attractive. However, in
keeping
with
the
statutory
declarations
at
document
24
of
Exhibit
1,
I accept on the balance of probabilities that there are aspects of the current packaged liquor
services in the town that cause substantial inconvenience for a significant section of the public in
Bridgetown.
The applicant produced comprehensive information to highlight the proposed regional wine centre
concept. The statements of support from local wine producers, such as Shedley Wines, Scotts
Brook Pty Ltd and Blackwood Crest Wines (Exhibit 8 refers) provides further support for the
proposed new liquor store.
In my opinion, the “regional wine centre” and associated “wine
tastings” aspects of the application will provide a wider public interest benefit to the town and could
also stimulate tourism interest in locally produced wines. It is also a factor which is consistent with
a “related service” under section 38(2b) of the Liquor Licensing Act 1988.
In the end, I am satisfied that the applicants for the new liquor store have carefully planned and
developed the regional wine centre concept in such a way that it will provide a different service to
that which would, or could, be offered by either the two hotels or the tavern in the town. A new
dedicated liquor store which is able to trade on Sundays under an extended trading permit, will
provide additional related liquor services and a greater choice for the public to purchase packaged
liquor at more competitive prices.
In my opinion, the survey conducted by Patterson Market
Research and the statements and reports by a significant sample of residents, businesses and
other organisations in Bridgetown is compelling. That evidence demonstrates that a significant
section of the public is being substantially inconvenienced and is experiencing difficulties in
meeting their reasonable requirements for purchasing packaged liquor and related services in the
town.
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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6.
REASONS FOR DECISION – HOTEL ALTERATION/REDEFINITION
After listening to the transcript and comparing Mr Scott’s oral evidence with his written submissions
at Exhibit 15, I am not convinced that the licensee’s application to alter the Freemasons Hotel
reflects a genuine commitment, as his efforts to date have clearly been protracted. Mr Scott
attested to the fact that the proposed redevelopment of the Freemasons Hotel ($200,000) was to
be met from existing cash reserves. He confirmed that his company interests extend outside of
Bridgetown and at the same time, also projected an image that his company is financially robust.
The timing associated with past redevelopments and the date of lodgement of the applications now
before me, therefore, casts doubt on his commitment to provide a competitive packaged liquor
service for the town.
The Freemasons Hotel is centrally located and despite special enhancements incorporated in the
building redevelopment, the public is still likely to have a perception that the proposal is simply a
hotel bottleshop. Furthermore, the Freemasons Hotel and Scott’s Tavern are managed by the
same licensee, it will always be open to question as to whether the two premises provide a truly
competitive service.
Mr Scott indicated that if the application for a liquor store licence is granted, he may decide not to
proceed with the application to alter the hotel and establish a liquor browse through facility. He
also indicated that the viability of the hotel would be in doubt. I have reservations regarding these
admissions. The Freemasons Hotel is an historic building and a key attraction for people who wish
to enjoy a drink at the bar or partake in reasonably priced hotel meals. Both the Scotts Tavern and
the Freemasons Hotel provide an important service for the community. If Mr Scott is genuinely
interested in providing a competitive liquor service for this important tourist town, then in my
opinion he still remains in a strong position to compete with any new licensee. In any event, if I
approved the Freemasons Hotel application and refused the other, there is no power under the Act
to require the hotel alteration to be undertaken.
As the application for alteration redefinition of the Freemasons Hotel will not result in the provision
of the same packaged liquor service, and is centrally located some distance away from the
proposed liquor store, I have decided that that alteration application should also be approved in the
public interest.
The new bottle-shop facility will alleviate the current situation where some
customers walk between Freemasons Hotel and Scotts Tavern in order to buy their packaged
liquor. Such a facility will also provide a convenient one-stop shop service for those tourists in
Bridgetown who wish to buy a bottle of wine to enjoy with a meal at one of the five bring-your-own
restaurants in the town. It will also provide a facility for motorists who travel through the town, and
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DECISION OF THE DIRECTOR OF LIQUOR LICENSING
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for whatever reason, wish to buy liquor quickly, without a diversion, to enjoy at the end of their
journey. The grant of the alteration application will also provide a more competitive packaged
liquor service in Bridgetown.
Collectively, both applications are in keeping with the wider public interest for the town. I therefore,
conditionally grant both applications, together with an extended trading permit to allow the
Bridgetown Regional Wine Centre to trade between the hours of 10am and 6.00pm, which is
consistent with my policy on Sunday trading permits issued to liquor stores. In due course, two
standard decisions will be issued by this authority to specify the conditions for each application.
________________________________
H R HIGHMAN
DIRECTOR OF LIQUOR LICENSING
7 August 2003