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Add, vary, cancel application – Alfresco ETP

Public Interest Assessment The Brass Monkey, Northbridge

5 December 2019

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CONTENTS

ABOUT THIS APPLICATION 4

PART 1 – BACKGROUND INFORMATION 5

A THE BRASS MONKEY 5

1 THE BRASS MONKEY 5Alfresco 5Opening Hours 5

B THE APPLICANT 6

1 BACKGROUND 6Overview of ALH 6ALH business model 6

PART 2 – PUBLIC INTEREST TEST 8

A THE PUBLIC INTEREST TEST 8

1 WHAT IS THE ‘PUBLIC INTEREST TEST’? 8

2 WHAT NEEDS TO BE SATISFIED TO MEET THE PUBLIC INTEREST TEST? 8Primary and secondary objects 8Section 38(4) - Additional factors 9

3 ABOUT THIS PIA 10

B LOCALITY 11

1 DEFINING THE LOCALITY 11

2 NATURE AND CHARACTER OF THE LOCALITY 11

3 DEMOGRAPHICS 12Population 12Migrants 13Households 13Socio-Economic Status 13Summary 14

4 IMPACT ON SPECIFIC AT RISK GROUPS 14At Risk Groups 14Children and Young People 15Aboriginal People and Communities 15People from Regional, Rural and remote Communities 15Families 15Migrant Groups from Non-English Speaking Countries 15People in Low Socio-Economic Areas 16Mining Communities or Communities with a High number of Itinerant Workers 16Communities that Experience High Tourist Numbers 16Conclusion 16

5 SENSITIVE PREMISES 17

6 ALCOHOL RELATED HARM IN THE LOCALITY 18Alcohol related crime in the Locality 18Hospitalisation, Mortality and Alcohol Consumption rates 19

C HOW DOES THE PROPOSAL ADDRESS THE MINIMISATION OF HARM AND ILL HEALTH? 21

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1 PRINCIPLES OF HARM MINIMISATION 21

2 HARM MINIMISATION MANAGEMENT 22Effective management 22Management practices, staff training and RSA 23Environmental factors: Crime Prevention through Environmental Design 24Access to Public Transport 25Conclusion 25

D CONSUMER REQUIREMENT AND THE PROPER DEVELOPMENT OF THE LIQUOR, TOURISM AND HOSPITALITY INDUSTRIES 27

1 CONSUMER REQUIREMENT 27Customer demand 27

2 OTHER LICENSED PREMISES IN THE LOCALITY 28Other Tavern Licences 28Comparison with The Brass Monkey 29

E. EFFECT ON TOURISM, COMMUNITY OR CULTURAL MATTERS (S38(4)(CA)) 31

1 WA TOURISM AND COMMUNITY MATTERS 31Tourism precinct 31Events 32Brand 32Business travel 32Employment opportunities 33

F. HOW DOES THIS PROPOSAL IMPACT ON THE AMENITY, QUIET AND GOOD ORDER OF THE LOCALITY – SECTION 38(4)(B) 34

G. HOW DOES THE PROPOSAL ADDRESS ANY OFFENCE, ANNOYANCE, DISTURBANCE OR INCONVENIENCE CAUSED BY THE GRANTING OF THE LICENCE – SECTION 38(4)(C) 34

1 SECTION 38(4)(C) 34Noise 34Traffic 35Security and management 35

I CONCLUSION 36

J FURTHER INFORMATION 38

ANNEXURE A – SITE PLAN 39

ANNEXURE B – LOCALITY PLAN 40

ANNEXURE C: LOCALITY REPORT 41

ANNEXURE D: SURVEY RESULTS 42

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ABOUT THIS APPLICATION

Australian Leisure & Hospitality Group Pty Ltd (Applicant or ALH) is applying to vary the conditions on

the alfresco area extended trading permit number 0213112319 at the Brass Monkey and Patriots Sports

Bar (Brass Monkey or Premises) to extend the permitted trading hours of the alfresco area to be in line

with standard tavern licence hours (being 12am Monday-Sunday) (Application).

This Public Interest Assessment (PIA) is presented in support of the Application to the Director of Liquor

Licensing. It has been determined that section 38(2) of the Liquor Control Act 1988 (Act) applies to the

Application and as such the Applicant must satisfy the Licensing Authority that it is in the public interest

to grant the Application.

The Applicant submits that the grant of the Application will be in the public interest, and will contribute

to the proper development of the liquor industry, the tourism industry and other hospitality industries.

This PIA is divided into 2 parts:

i. Part 1 which outlines the background of the Application; and

ii. Part 2 which addresses the elements of the public interest test and

demonstrates that the Application satisfies the test.

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PART 1 – BACKGROUND INFORMATION

A THE BRASS MONKEY

This section of the PIA summarises the current operations of the Premises.

1 THE BRASS MONKEY

The Brass Monkey is one of the most iconic hotels in Perth. Built in 1896, the three storey hotel consists of the following areas:

an upstairs bar and balcony overlooking William and James Streets;

a sports bar – the Patriots Sports Bar operates under the same licence;

three areas in the main bar leading to the courtyard;

the cave bar;

a rooftop bar featuring stunning city views; and

an alfresco area running along William street.

The Premises has a great selection of craft beers and ciders, premium spirits and cocktails.

Patrons can also order a great selection of food including traditional pub style food as well as

speciality shared items and an ala carte menu. The kitchen is open until 10pm Sunday to

Wednesday, 11pm Thursday and 1am Friday and Saturday.

The Premises also offers a variety of semi-private function spaces, ideal for any size and style of

event.

Alfresco

The alfresco area is 120 sqm running along William Street with a number of high table settings.

It provides patrons with a place to enjoy their food and drink in a casual outdoor setting. As one

of the few street front alfresco dinning spaces along William Street, it is very popular amongst

local residents, CBD workers and tourists. Currently, the venue is required to close the alfresco

at 9pm which often results in disappointed customers being asked to move inside.

Opening Hours

The rest of the Premises operates under an ongoing hour’s extended trading permit and can

operate between the following times:

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Sunday, Monday and Tuesday 7am – 12pm;

Wednesday and Thursday 7am – 1am; and

Friday and Saturday 7am – 2am.

B THE APPLICANT

1 BACKGROUND

Overview of ALH

ALH is a market leader offering a diverse array of hospitality experiences including iconic hotels

and neighbourhood pubs, each tailored to its local market. ALH employs approximately 15,000

people at over 300 licensed venues, including hotels and taverns and retail liquor outlets across

Australia. ALH has an established track record and is a well-known and respectable operator of

licensed premises, including the Brass Monkey.

ALH operates its business to high standards, these include:

providing rigorous induction training, and administering comprehensive support

policies, procedures and information for staff and suppliers;

participation in best practice industry and government forums; and

the provision of a safe, healthy and fair environment in which to work and socialise.

ALH business model

ALH is a responsible liquor operator. The focus of the company is an integrated approach to on-

site liquor venues. ALH is a hospitality operator that specialises in:

pub operations such as bar, food, accommodation, functions and entrainment;

retail liquor sales incorporating large liquor stores, drive through outlets and walk-in bottle shops;

property development; and

gambling operations.

The emphasis at ALH is the integration of these services into one venue, which provides

economies of cost and scale. This approach is reflected in the dining options that ALH offers at

many of its venues, with over 280 of its venues operating restaurants or bistros. The majority of

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these venues focus on family dining, offering child-friendly facilities and playgrounds to

supplement 50-400 seat capacities.

ALH is one of the largest providers of full-time, part-time and causal employment with over

15,000 people employed across Australia. It affords many Australians their first job opportunity,

with 69% of its staff under 35 years of age.

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PART 2 – PUBLIC INTEREST TEST

A THE PUBLIC INTEREST TEST

1 WHAT IS THE ‘PUBLIC INTEREST TEST’?

For the Application to be approved, the Applicant must satisfy the Director that granting the

Application is in the public interest pursuant to s38(2) of the Act.

While the Act does not define ‘public interest’, the Department of Racing, Gaming and Liquor’s

(DRGL) policy advises that:

“The public interest test is based on the principle that licensed premises must operate

within the interests of the local community.”1

A general discretion by reference to the criterion of the ‘public interest’ is not an unfettered

discretion but will ordinarily be confined by the scope and purpose of the statute.2

2 WHAT NEEDS TO BE SATISFIED TO MEET THE PUBLIC INTEREST TEST?

Primary and secondary objects

In assessing whether the Application is in the public interest, the Licensing Authority is bound to

take into account the primary objects of the Act, and to the extent that they are not inconsistent

with those primary objects, the secondary objects. 3 The primary and secondary objects of the

Act set out in s5 are as follows:

Section 5(1)(a) Primary Objects:

to regulate the sale, supply and consumption of liquor;

to minimise harm or ill-health caused to people, or any group of people, due to the use

of liquor; and

to cater for the requirements of consumers for liquor and related services, with regard

to the proper development of the liquor industry, the tourism industry and other

hospitality industries in the State.

1 Department of Racing, Gaming & Liquor (1 February, 2016) ‘Public Interest Assessment Pursuant to section 38 of the Liquor Control Act 1988’at p1. 2 Woolworths v Director of Liquor Licensing (2013) WASCA 227 at [48]. 3 Ibid at [49].

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Secondary objects (which the Licensing Authority must also have regard to):

to facilitate the use and development of licensed facilities, including their use and

development for the performance of live original music, reflecting the diversity of the

requirements of consumers in the State;

to provide adequate controls over, and over the persons directly or indirectly involved

in, the sale, disposal and consumption of liquor;

to provide a flexible system, with as little formality or technicality as may be practicable,

for the administration of this Act; and

to encourage responsible attitudes and practices towards the promotion, sale, supply,

service and consumption of liquor that are consistent with the interests of the

community.

The licensing authority’s obligation to take account of the primary and secondary objects are

not diminished by the unfettered terms of the discretion conferred by s33 of the Act. That

section does not confer upon the Licensing Authority an unlimited power, but instead that

power must be exercised consistently with the primary and secondary objects.4

Section 38(4) - Additional factors

The Licensing Authority is entitled to take into account the factual matters set out in s38(4) in

determining whether it is satisfied that the granting of the Application is in the public interest.5

These factual matters are as follows:

the harm or ill-health that might be caused to people, or any group of people, due to

the use of liquor; and

whether the amenity, quiet or good order of the locality in which the licensed premises

or proposed licensed premises are or are to be, situated might in some manner be

lessened; and

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

4 Ibid at [53] –[54]. 5 Ibid at [50].

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any effect the granting of the application might have in relation to tourism, or

community or cultural matters; and

any other prescribed matter.

It should be noted that S5(2) of the Act is mandatory whereas s38(4) is permissive.6

3 ABOUT THIS PIA

The role of this PIA is to address each of the objects outlined in the Act with regard to the

specific Premises. In order to satisfy the public interest test the Applicant has completed

research and conducted community consultation, including:

undertaking research and analysis of:

planning and demographic data for the locality;

other liquor licences; and

data on alcohol-related harm and health, alcohol habits and social issues in the

locality; and

conducting surveys of customers of the Premises.

6 Ibid at [49].

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B LOCALITY

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

1 DEFINING THE LOCALITY

The Licensing Authority describes the locality in respect of an application in the Perth CBD to be

the area within a 2 km radius of the proposed licensed premises. This area is generally

considered to be most impacted if the application is granted.7

However, depending on the nature of the application the Licensing Authority may determine a

different locality radius for a specific application, particularly where the potential impact on a

specific sub-community or ‘at risk’ group is such that reference to this sub-community should

also be made, notwithstanding that this group may be situated outside the 2 km radius of the

proposed licensed premises. Therefore, the onus is on the Applicant to identify any potential ‘at

risk’ groups which may travel through or make use of the Premises, or who may be impacted by

the Premises. This may include a group of people not situated within the boundaries of the town

or suburb in which the Premises will be located.

The Applicant submits that the Brass Monkey is located within a destination precinct. Given its

location, the Brass Monkey draws people from varying locations in Perth and Western Australia

as well as visitors to the State. However, as the Premises does not sell packaged liquor and the

application is to extend the trading hours of the alfresco area by three hours to be consistent

with standard tavern trading hours, it is likely that the impact of the Application will be confined

within a 2 km radius (Locality) and particularly within the Northbridge postcode of 6003.

The Premises is at the southern extent of the Northbridge entertainment district. The Locality

may be described as inner-metropolitan and approximately one fifth is occupied by the Perth

waters of the Swan River. The remaining area of the Locality incorporates the entire suburbs of

Perth, Northbridge and Highgate, as well as parts of West Perth, Highgate and East Perth.

A map of the Locality is attached at Annexure B.

2 NATURE AND CHARACTER OF THE LOCALITY

7 Department of Racing, Gaming and Liquor, ‘Public Interest Assessment Pursuant to section 38 of the Liquor Control Act 1988’, Attachment 2 – Specification of ‘Locality’.

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The Premises is located in the Northbridge entertainment district and is only a short walk from

Perth’s central business district. It is easily accessible by public transport, with the Perth train

station and Perth bus port located close by.

3 DEMOGRAPHICS

The following demographic analysis has been prepared by Squire Patton Boggs8 based on the

2016 Census data. The 2011 Census has been used to indicate recent trends. The report

addresses the suburbs located within the Locality, whereas the following analysis (due to the

nature of the Application) is primarily confined to the Northbridge postcode.

Population

The population of Northbridge increased between 2011 and 2016 from 1,005 to 1,307 people

(an increase of 302 people).9

Table 2: Population

Area Population

Northbridge WA 6000

2011 2016

1,005 1,307

The socio-demographic profile of Northbridge’s population at 2016 shows that there is a larger

proportion of males (54.9%) as compared to females (45.7%).10

The age distribution of Northbridge’s population shows that Northbridge is largely comprised of

young to middle aged adults, with a high proportion of persons in the 25-29 (22.2%) and 30-34

(24.5%) age range and a median age of 31.11 Northbridge is largely comprised of couple families

without children (74.4%) which is significantly higher than the State (38.5%) and national

(37.8%) averages.12 This is however unsurprising given the central location of Northbridge close

by to employment opportunities in the Perth CBD.

The proportion of Aboriginal and/or Torres Strait Islander people in Northbridge is very low

(0.8%) compared with the State (3.1%).13

8 Annexure C, Squire Patton Boggs (AU), The Brass Monkey and Patriots Sports Bar Report. 9 Ibid, p 3. 10 Ibid.11 Ibid, p3.12 Ibid, p 8-9. 13 Ibid.

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Migrants

The population of Northbridge is relatively cosmopolitan with 15.7% of people born in non-

English speaking countries, however, 23.3% of the population was born in Australia.

Households

Consistent with the availability of apartment housing stock and high rental statistics, there is a

low number of family households in Northbridge (46.7%) when compared to the State average

(72.7%).14 Single parent families are lower in Northbridge (9.5%), when compared to the State

average (14.5%).15 Both lone person households (35%) and group households (18.3%) are higher

than the State averages (23.6% and 3.8% respectively). Most housing is rented or mortgaged by

the occupants.16

Socio-Economic Status

The Index of Relative Socio-Economic Advantage and Disadvantage (IRSD) rank for Northbridge

is 9 in Western Australia and 8 nationally (with 1 being the most disadvantaged, and 10 being

the most advantaged) which demonstrates that Northbridge is an advantaged area.17 The Table

below sets out the IRSD rankings for the other suburbs within the Locality which also

demonstrate that the Locality is very advantaged.

Table 3: SEIFA Ranks

Area Rank within WA - Decile

Rank within Australia - Decile

Perth (6000) 10 9

West Perth (6005) 10 9

Northbridge (6003)

9 8

Highgate (6003) 10 9

East Perth (6004) 10 10

14 Ibid p8. 15 Ibid p9.16 Ibid p5. 17 Ibid p7.

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The Northbridge SEIFA rankings are also reflected in the income levels in Northbridge. Income

levels are overall higher than the State and national averages. The median weekly family

($1,989) and personal ($867) income in Northbridge is higher than the median weekly family

($1,910) and personal ($724) incomes in the State.18 Unemployment rates for Northbridge

(7.1%) are lower than the State average (7.8%).19

Summary

Northbridge is an advantaged area with a high proportion of young to middle aged people

earning above the state and national averages reflecting the popularity of inner city living with

young professionals. These figures are also reflected in the suburbs located within the Locality.20

Therefore, Northbridge and the Locality will benefit from the additional three hours of trade in

the alfresco area proposed under the Application.

4 IMPACT ON SPECIFIC AT RISK GROUPS

At Risk Groups

The Department of Local Government, Sport and Cultural Industries guidelines in respect of the

PIA identify the following “at risk” groups:

children and young people;

Aboriginal people and communities;

people from regional, rural and remote communities;

families;

migrant groups from non-English speaking countries;

people in low socio-economic communities;

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

communities that experience high tourist numbers.

18 Ibid p5.19 Ibid p6.20 Ibid – see entire report.

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Children and Young People

There is a low proportion of children and young people in Northbridge.21 Northbridge has a low

percentage of family households (46.7%) compared to the State average and a high amount of

couples without children (74.4%) and single person households (35%).22

There are higher proportions of young adults aged 20-39 years. This reflects that the Locality has

a high concentration of young professionals living in close proximity to the CBD.

Aboriginal People and Communities

The proportion of the population in the Locality identifying themselves as Aboriginal and/or

Torres Strait Islander (0.8%) is lower than the State average (3.1%).23

People from Regional, Rural and remote Communities

The Locality comprises an inner city area, at the centre of the capital city of Western Australia. It

is not a regional, rural or remote community.

Families

As previously detailed, there are a low number of family households and single parent families

in the Locality, as compared to the state averages.24 The housing stock can be described as

apartments or medium-high density, which is favoured by young singles, couples without

children or down-sizing retirees.

Migrant Groups from Non-English Speaking Countries

In Northbridge, 23.3% of people were born in Australia.25 The other most common countries of

birth were Korea Republic of (South) (6.8%), England (3.7%), Hong Kong (SAR of China) (3.3%),

Malaysia (2.9%) and China (2.7%). There is a lower percentage of migrant groups from non-

English speaking countries than English speaking countries in Northbridge.

In Northbridge, 36.4% of people only spoke English at home and other languages spoken at

home included Mandarin (7%), Korean (6.3%), Cantonese (3.8%) and Spanish (2.2%) and Italian

(1.6%).

21 Ibid, p 3. 22 Ibid pp 8-9. 23 Ibid, p 3. 24 Ibid pp 8-9. 25 Ibid, p 5.

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People in Low Socio-Economic Areas

The Index of Relative Socio-Economic Advantage and Disadvantage for Northbridge shows that

Northbridge is a socio-economically advantaged area.26 In addition, the other suburbs within the

Locality have high SEIFA rankings when compared with the state and national decile.27 Median

weekly personal ($867), family ($1989) and household ($1,827) income levels are generally

higher in the Locality than the State and National percentages.28

Mining Communities or Communities with a High number of Itinerant Workers

The Locality is not a mining community, however, due to the close proximity to Perth airport,

there are people employed in the mining industry on a fly in/fly out basis.

The inner city location of the Locality does not support mass itinerant employment, such as

seasonal fruit picking.

Communities that Experience High Tourist Numbers

Northbridge experiences a high number of tourists given that it is in very close proximity to the

centre of Perth which contains a number of major tourist attractions as well as regional

facilities. Northbridge has significant infrastructure to support and accommodate visitors.

Whilst the PIA policy identifies communities that experience high tourist numbers as being an

“at risk group”, the fact that the Northbridge area is located close to the central business district

of the State means that tourists do not overwhelm the Locality because of the large numbers of

workers and residents in the area. Additionally, due to the well-established management

practices of the Premises, it highly unlikely that the additional three hours of operation in the

alfresco area will have an adverse impact on tourists that would be considered “at risk” from

alcohol related harm.

Conclusion

The main ‘at risk’ group relevant to the Premises appears to be communities that experience

high tourist numbers. Overall, the risk of harm to these groups by the alfresco area trading an

additional three hours is likely to be low because of the well-established and highly effective

management and security policies of the Premises. Additionally, the overall risk of harm to the

26 Ibid p7.27 Ibid, p 7-8. 28 Ibid p 5.

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people in Northbridge and the Locality is low given its socio-economic status indicates above

average affluence.

5 SENSITIVE PREMISES

There are 160 sensitive premises in the Locality. They fall into the following categories:

Table 3: Sensitive Premises

Use Number

Aged Homes and Care/Nursing homes 12

Alcoholic Anonymous Meeting Places 9

Child and Adolescent Community Health Services 2

Child Care Centre 18

Church/Place of Worship 42

Police Stations 3

Youth Centres 17

Schools/Education Centres/Kindergarten 15

Hospitals 4

Backpacker/Hotel Accommodation 28

Free Meal Service 10

The Application will not unduly impact these premises because none of the identified sensitive

premises are:

located immediately adjacent to the Brass Monkey; and

within visibility of the Premises.

The large amount of sensitive premises is to be expected due to the nature of the Locality which

incorporates the City of Perth and Northbridge areas. Perth capital city is the most accessible

area by road and public transport infrastructure, so contains a high level of regional facilities and

services.

Places of worship seem to be the most common sensitive premises and are unlikely to be

affected by the additional hours sought under the Application. Schools will also not be affected

by the Application. Whilst there are also a large number of backpackers/hostels located within

close proximity to the Premises, this is to be expected given its location in the middle of the City

and the Northbridge entertainment and cultural hub.

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Additionally, the Applicant has strict policies and security management practices in place to

minimise harm.

6 ALCOHOL RELATED HARM IN THE LOCALITY

The Applicant has analysed publically available data to provide an insight into alcohol related

harm in the Locality.

Alcohol related crime in the Locality

Crime statistics are reported on the WA Police website based on the location the offence

occurred and are updated on a quarterly basis.29 The crime statistics relating to offences against

the person in the Locality are detailed below for the 2017/2018 and the 2018/2019 financial

years.

It is important to note that these statistics should be considered with caution. Whilst these

statistics record crimes against the person, they do not identify which ones are alcohol related,

nor do they give any specificity as to the exact location of the crimes. Therefore, these statistics

must only be used as a broad and general guide to the crime within the area.

Figure 7: Offences against the person: Northbridge 2017/2018

29 Western Australia Police Force, Crime Statistics available at https://www.police.wa.gov.au/Crime/CrimeStatistics#/start.

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Figure 8: Offences against the person 2018: Northbridge 2018/2019

The figures above identify that whilst there has been some crime occurring within Northbridge,

the number of non-family assaults and threatening behaviour have either marginally decreased

or remained stable from the same time last year.

Given that the Brass Monkey is an established venue with a proven track record for good

management policies and superior security policies, it is highly unlikely that the grant of the

Application will have a negative impact within the immediate Northbridge area or the Locality

more generally. Rather, the Applicant is confident that the additional three hours alfresco

trading will have a positive impact and will assist with the reduction in crime as a result of the

added activation and passive surveillance of the area by responsible patrons of the Premises as

well as the added security management of the alfresco area until 12am Monday to Sunday.

Hospitalisation, Mortality and Alcohol Consumption rates

The Applicant reviewed the Drug and Alcohol Office’s report on the North Metro Health Region

area (North Metro area). The North Metro area covers an area of 3,027 square kilometres and

had a population of 969,100 in 2011. It includes the Locality albeit the Locality is only a small

proportion of the North Metro area extending only approximately 2km from the Premises.

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Data published by the Drug and Alcohol Office indicates that the rate of alcohol-related

hospitalisations in the North Metro area for the period from 2007 to 2011 was significantly

lower for both males and females than the corresponding State rates.30

Trends show that overall the mortality rate for all alcohol-related conditions in the North Metro

area was significantly lower (0.89 times) than the corresponding State rates from 2007 to

2011.31

The North Metro area also recorded a lower proportion of alcohol-related police attended fatal

and hospitalisation required motor vehicle accidents between 2006 and 2013 than the State.32

The percentage of people in the North Metro area who engage in single risky drinking (more

than four standard drinks in one instance) is comparable to State levels.33 The trend with respect

to this behaviour in the North Metro area is stable, being 12.5% in 2006 and 11.2% in 2013.34

Similar results can be observed in relation to lifetime risky drinking patterns (more than two

standard drinks on any one day) in the North Metro area.35

Additionally, the per annum pure alcohol intake for people aged 15 years and over is lower in

the North Metro (12.16 litres) in comparison to State figures (12.37 litres).36

30 Drug and Alcohol Office WA and Epidemiology Branch of Department of Health WA (2014) ‘Alcohol-related hospitalisations and deaths in Western Australia. Regional Profile: North Metro’ at p 6. 31 Ibid at p 10. 32 Drug and Alcohol Office (2015) ‘Alcohol and Other Drug Indicators Report – North Metro Health Region’ at p15. 33 Ibid pp 5-6.34 Ibid pp 5-6. 35 Ibid p 7. 36 Ibid p 8.

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C HOW DOES THE PROPOSAL ADDRESS THE MINIMISATION OF HARM AND ILL HEALTH?

1 PRINCIPLES OF HARM MINIMISATION

Harm minimisation is one of the primary objects of the Act. In that regard, it is important to

note a number of established principles.

First, harm minimisation is not a more important or fundamental object than the primary object

of catering for the requirements of consumers of liquor and related services with regard to the

proper development of the liquor industry, the tourism industry and other hospitality industries

in Western Australia. Harm minimisation is not the primary regulatory object or consideration of

the Act.

Secondly, the primary object in s5(1)(b) of the Act is to “minimise” harm or ill-health, not to

prevent harm or ill-health. The word “minimise” is consistent with the need to weigh and

balance all relevant considerations.37

Thirdly, it is necessary to determine the likelihood of harm or ill-health occurring, and to weigh

that matter against the other objects which the licensing authority finds may be promoted by

the grant of the application.38

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

[52]:

“On the proper construction of the Act (in particular, s 5(1), s 5(2), s 16(1), s 16(7), s

30A(1), s 33 and s 38(2)), the Commission was obliged to take into account the public

interest in:

(a) catering for the requirements of consumers for liquor and related services with

regard to the proper development of the liquor industry in the State (s 5(1)(c));

and

(b) facilitating the use and development of licensed facilities so as to reflect the

diversity of the requirements of consumers in the State (s 5(2)(a))”.

37 Executive Director of Public Health v Lilly Creek International Pty Ltd (2000) 22 WAR 510 at [20]. 38 Executive Director of Public Health v Highmoon Pty Ltd [2002] WASCA 77 at [10].

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Fourthly, in order properly to assess matters related to harm minimisation the licensing

authority is required to make findings about the likely degree of harm to result from the grant of

the liquor application in contrast to the existing degree of harm.39

Lastly, the licensing authority’s findings must be made by a rational evaluation of the probative

evidence on its merits. The licensing authority must act judicially and apply provisions of the Act

to its findings and conclusions of the evidence.40

2 HARM MINIMISATION MANAGEMENT

Effective management

A number of studies have shown that well managed environments for the sale and consumption

of alcohol contribute to reducing alcohol related harms.41 The Independent Review states that:

“Well managed premises and the responsible service of alcohol are seen as important tools in

changing Western Australia’s drinking environment and providing consumers with safer, more

responsible venues that are committed to practising harm-minimisation techniques”.42

The National Alcohol Strategy outlined principles for effective policing of licensed drinking

environments. 43 The following principles, taken from the strategy, will be applied in relation to

the effective management of the Premises:

management practices that comply with legislation and reduce harm to staff and

patrons;

comprehensive staff training;

implementation and enforcement of RSA policies and procedures;

premises designed to minimise harm;

responsible marketing practices;

access to public transport; and

co-operation with police and local government.

39 Carnegies Realty Pty Ltd v Director of Liquor Licensing [2015] WASC 208 at [46]. 40 Woolworths v Director of Liquor Licensing (2013) WASCA 227 at [55], [59], [62] and [63]. 41 Ministerial Council on Drug Strategy, (2004 )‘The Prevention of Substance Use, Risk and Harm in Australia’, p 86. 42 Liquor Control Act 1988: Report of the Independent Review Committee (Independent Review), December 2013, pg 35. 43 Ministerial Council on Drug Strategy (May 2006) ‘National Alcohol Strategy 2006-2009 Towards Safer Drinking Cultures’ at p14.

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The Applicant has strong policies relating to each of these practices, which will continue to be

implemented at the Premises. These practices are discussed in more detail below.

Management practices, staff training and RSA

The Applicant currently demonstrates best practice in terms of the service of alcohol at all

times. The additional three hours of operation in the alfresco area sought under the Application

will be no exception. The Applicant is committed to providing a well-run and friendly licensed

premises where patrons feel safe and comfortable. As previously noted in the PIA, the Premises

is operated by highly experienced hospitality industry professionals.

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

requiring employees to promote responsible drinking;

refusing service to intoxicated persons;

refusing service to juveniles;

enforcing strict staff dress codes;

providing adequate crowd control;

not advertising or promoting initiatives which will encourage patrons to consume liquor

in an irresponsible manner;

creating a safe environment; and

showing respect for the rights of neighbours to the Premises.

The Applicant conducts proper and regular training of all staff in the responsible service of

alcohol. Management requires that all staff complete appropriate training for their level and

position as follows:

a Director of the Applicant has completed the course in ‘Management of Licensed

Premises’;

all approved managers hold a current managers licence as required under the Act;

all supervisors are required to undertake an approved course in RSA;

all bar staff are required to undertake an approved course in RSA; and

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there is ongoing regular meetings and training sessions convened by management

involving all staff. Training is provided by in-house personnel, outside experts and

others.

These staff training requirements ensure that employees at all levels of the business have a

strong understanding of RSA and that the policies are enforced in every aspect of the business.

Copies of the Applicant’s House Management Policy, Code of Conduct and Management Plan

has not changed and is available upon request.

Additionally, the Premises engages two security guards from 8pm until close Thursday –

Saturday. These security guards are stationed at the entry of the Premises which is located

immediately adjacent to the alfresco area. The positioning of the security guards will ensure that

the alfresco area will be sufficiently managed during the additional hours of operation proposed

under this Application.

Environmental factors: Crime Prevention through Environmental Design

The CPTED general code is based on four key principles as follows:

Natural Surveillance – to limit the opportunity for crime by designing spaces and

buildings that foster human activity and interaction, keeping intruders under

observation as well as overlooking the environment and providing opportunities for

people engaged in their normal daily business to observe the space around them;

Natural Access – the channelling of the movement of people in the environment either

to encourage them into spaces to increase activity and hence increase natural

surveillance, maintain clear sightlines or to discourage people from entering areas

where it is generally inappropriate for pedestrian movement designing the placement of

physical features, activities and people in such ways that maximum visibility and positive

interaction occurs among legitimate users of the space;

Territorial Reinforcement – this requires a sense of space and amenity to be established.

Clearly defining private space from semi-public and public space in order to create a

sense of ownership; and

Space Management/Maintenance – this involves the formal supervision, control and

care of urban space. Public perceptions are affected by appearance of a place. A well-

maintained urban environment is essential in sustaining confidence and helping to

control vandalism, crime and fear of crime.

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Aspects such as natural surveillance and lighting, territorial re-enforcement, space and activity

management and access control have been incorporated into the Brass Monkey and the alfresco

area to help minimise and reduce the incident of crime. For example, the alfresco area:

has CCTV camera’s;

is well lit at night;

has security personnel located at the entry to the Premises which is adjacent to the

alfresco area from 8pm until close Thursday – Saturday; and

increases natural surveillance by providing opportunities for people engaged in their

normal daily business to observe the space around them.

Access to Public Transport

The Premises is in close proximity to major transport hubs. For example:

the Perth train and bus stations are a few minutes’ walk from the Premises, linking the

Premises to Perth’s suburban commuter train network; and

the free blue CAT bus service at James Street is across the road from the Premises and

connects visitors to locations throughout the city.

The Premises is therefore well serviced by the public transport network, including buses and

trains which continue to operate into the early hours of the morning. This contributes to the

harm minimisation of the Application as it discourages patrons from driving home after enjoying

food and drink at the Premises. Additionally, this contributes to the amenity of the area as it

discourages people from needing to bring their car into Northbridge to enjoy the Premises.

Conclusion

The Applicant submits that the additional three hours of alfresco trading is not expected to

impact and will not increase the level of crime, alcohol related harm and ill-health occurring for

the following reasons:

the Premises is operated by well-known and respectable operator and has an

established proven record of managing the Premises in accordance with the Act;

the Premises and alfresco area has CCTV cameras, which assist in deterring any criminal

activity;

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there are no sensitive premises within visibility of the Premises of the Premises;

the additional three hours of the alfresco trading will contribute to the activation and

vibrancy of the area, which will discourage criminal activity;

the well entrenched harm minimisation strategies and management policies of Brass

Monkey mean the alfresco area will be well managed for the additional three hours;

there are security personnel engaged from 8pm until the Premises closes Thursday –

Saturday who are stationed immediately adjacent to the alfresco area;

food services will be available until 10pm on Wednesdays and Thursdays and until 11pm

on Fridays and Saturdays;

the venue’s dress code will ensure a suitable atmosphere is maintained in the alfresco

area for the additional three hours; and

the Premises is operated by well-respected operator who must ensure that their

reputation and the reputation of the Premises is not undermined by undesirable

behaviour caused through excessive alcohol consumption.

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D CONSUMER REQUIREMENT AND THE PROPER DEVELOPMENT OF THE LIQUOR, TOURISM AND

HOSPITALITY INDUSTRIES

1 CONSUMER REQUIREMENT

Customer demand

As set out above, the Brass Monkey is a Perth institution. It is one of Perth’s most iconic pubs

and is a very popular venue for local and wider metropolitan residents as well as CBD workers

and tourists. As one of the few street front alfresco dining spaces in the area, the alfresco area

of the Brass Monkey provides people with a place to enjoy quality food and drinks in a casual

outdoor setting, which is located right in the heart of Northbridge.

Under the current extended trading permit conditions, ALH is required to close the alfresco area

at 9pm every night of the week. During the peak weekend periods from Thursday – Saturday,

and especially during the summer months, this is one of the busiest periods for the alfresco

area. Regular feedback provided to management and staff indicates that many patrons are

dissatisfied with the existing closing time of the alfresco area and many customers have

indicated that they would welcome the opportunity to remain in the area beyond its current

closing time.

In order to address matter of public interest, the Applicant made a questionnaire available to

their customers at the Premises over a one-week period, between 18 November 2019 and 25

November 2019.44 The Applicant received a very positive response with 100 people completing

the survey within this period. Of the 100 customers surveyed:

every person indicated they supported the application to extend the alfresco trading

hours until 12am Monday-Sunday;

53 per cent said they sit in the alfresco area every time they visit the Premises; and

42 per cent said they sit in the alfresco area most of the time they visit.

The results of this survey provide compelling and objective evidence that the Application caters

to the requirements of consumers for liquor and related services. As such, the Applicant submits

that there is a consumer requirement for the alfresco area to operate for an additional three

hours Monday – Sunday and therefore, it would be in the public interest to grant the

Application.

44 The results of the survey are provided as Annexure D.

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2 OTHER LICENSED PREMISES IN THE LOCALITY

Other Tavern Licences

There are a total of 122 existing licensed premises in the Northbridge postcode (including the

Brass Monkey), of which 18 have tavern licenses (6 are restricted and 12 are unrestricted).45

The high number of licensed premises is to be expected, and reflects the role of the Northbridge

as a focal point for cultural, entertainment, recreation, events and dining within the Perth

Metropolitan Region.

Table 4: Tavern Licenses in Northbridge 6003

45 Annexure C, Squire Patton Boggs (AU), The Brass Monkey and Patriots Sports Bar Report, pp 10-11. 46 This licence was conditionally granted at the time this public interest assessment was prepared.

Licence Type Tavern Name Distance from the Brass Monkey (km)

LIQ-Tavern Coconut Grove 350m

Aberdeen Hotel 650m

Rose O’Grady’s Pub 500m

An Sibin Pub 280m

PICA Bar & Cafe 66m

Nevermind Smallclub 550m

Butterfly 73 400m

Northbridge Brewing Company 350m

Outback Jacks – Northbridge 210m

The William Street Bird 99m

Universal Bar 0m (next door)

LIQ-Tavern restricted

The Standard Perth 240m

State Theatre Centre of Western Australia 99m

Henry Summer 650m

Sneaky Tony’s 230m

The Rechabite 30m

Barcadia46 550m

Total Tavern Licences

21

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Comparison with The Brass Monkey

The grant of the Application would be consistent with the existing operation of similar licensed

venues within Northbridge, i.e. tavern licences with outdoor dining facilities. Of the

abovementioned premises, the Applicant believes that the following venues with alfresco areas

are relatively comparable to the Brass Monkey’s alfresco area. As set out below, the alfresco

area at the Brass Monkey offers a unique service to Northbridge as it is one of the few street

front alfresco dining areas along William Street which provides patrons with a place to enjoy a

drink and a meal in a casual outdoor dining area.

Universal Bar

Universal bar operates under a tavern unrestricted liquor licence and is located next

door to the Brass Monkey and Patriots Sports Bar. Universal Bar also has an alfresco

extended trading permit and is permitted to trade in the alfresco area until 10pm. This

alfresco area is well patronised after 9pm.

Northbridge Brewing Co

Northbridge Brewing Co is located in the middle of Northbridge at 44 Lake Street and is

split over three levels. Among these three levels are two outdoor dining areas; a rooftop

skydeck on level three and a ground floor alfresco dining area enclosed within the

premises. The premises operates under a tavern licence and can remain open until

12am Sunday – Thursday and until 2am on Friday and Saturday nights.

PICA Bar

PICA bar is located at 51 James Street Northbridge and operates under a tavern licence.

The popular venue offers both indoor and outdoor alfresco dining options and operates

until 12am Monday – Sunday. There are two separate outdoor alfresco dining areas,

one is located at the front of the venue off the James Street Mall and the other is

located towards the back of the venue.

The Standard

The Standard is located at 28 Roe Street on the boarder of Northbridge and the Perth

CBD. It is located approximately 240 meters from the Brass Monkey. The Standard also

offers indoor and outdoor dining facilities, including an outdoor wine garden and an

upstairs deck area. The venue operates under a tavern restricted licence and can remain

open until 12am Sunday – Monday.

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Henry Summer

Henry Summer is an urban cocktail and wine garden located at 69 Aberdeen Street

Northbridge. This venue operates under a tavern restricted liquor licence and is open

until 10.30pm Sunday-Thursday and until 2am on Friday and Saturday nights. Henry

Summer has both indoor and outdoor dining options with a large outdoor garden area.

The above comparison demonstrates the following:

outdoor dining areas are extremely popular in Northbridge as there are a number of

venues which have incorporated outdoor dining facilities;

there are several venues in Northbridge with alfresco dining areas that operate until late

(i.e. 12pm or later) demonstrating that there is a consumer requirement for outdoor

dining later into the evening;

there are only a limited number of street front alfresco dining areas in the area and

therefore the Brass Monkey alfresco dining area offers something different to the

current venues in Northbridge.

The above analysis demonstrates that there is a consumer requirement for the Application as

there is a clear demand for outdoor dining areas in Northbridge to be open later than 9pm.

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E. EFFECT ON TOURISM, COMMUNITY OR CULTURAL MATTERS (S38(4)(CA))

Greater access to outdoor and alfresco dining areas within the City of Perth is considered

important by Tourism WA.47 Precincts such as Northbridge are highly visited and ensuring that

there are options for visitors to eat and drink outside is a key element of WA’s and more

particularly Perth’s tourism offering.

As such, the Applicant submits that extending the operation of the alfresco area by three hours

will have a positive effect on tourism, community and cultural matters.

1 WA TOURISM AND COMMUNITY MATTERS

Tourism precinct

In recent years the Western Australian Government has made a significant investment in food

and beverage tourism and infrastructure projects such as Yagan Square and Elizabeth Quay to

boost the local economy.

Northbridge is Perth’s premier cultural and entertainment hub and forms part of the tourism

strategy for Western Australia. The Western Australian tourism strategy is based on the

following seven pillars for growth: 48

Brand – firmly establishing the Experience Extraordinary brand;

Indigenous Tourism – providing visitors with the opportunity to have an Aboriginal

tourism experience;

Infrastructure – to support growth, hotel, aviation, workforce;

Asia – grow WA’s share of high yield Asian markets;

Business travel – increase the contribution from business travel;

Regional travel – increase visitors to regional WA; and

Events – position WA as a recognised events destination for locals and visitors.

The Application will contribute to all of these pillars, particularly events, brand and business

travel.

47 Report to the Ordinary Council Meeting, 17 December 2018.48 Tourism Western Australia, ‘State Government Strategy for Tourism in Western Australia 2020: Detailed Strategy’ at p6 Accessed at : http://www.tourism.wa.gov.au/Publications%20Library/About%20Us/State%20Government%20Strategy%20for%20Tourism%20in%20WA%202020%20-%20Detailed.pdf

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Events

Northbridge is a lively and exciting destination that offers a range of entertainment and cultural

activities which attract people of all ages, at all times of the year. For example, during the

summer months, Northbridge is a major hub for the Fringe festival, and other major arts and

cultural festivals which fill the streets with people from all over WA who come to the area to

enjoy the shows and events run as part of these festivals. The Premises is also located a short

walk from the State Theatre Centre which hosts a variety of performances throughout the year

and Yagan Square, which has become a tourist attraction in Perth hosting regular events,

performances and celebrations.

The Applicant submits that the ability of the Brass Monkey alfresco area to trade until 12pm will

only serve to enhance and support these events and will contribute to the positive activation of

the area. Furthermore, the additional trading hours will provide tourists and residents with

additional places to eat and drink whilst visiting the area. In this regard, the grant of the

Application will have a positive effect on community and cultural events that take place in

Northbridge all year round.

Brand

The ‘Experience Extraordinary’ brand platform came about from the need to reposition WA and

make it stand for something different and compelling.49 One of the opportunities to participate

in this ‘Experience Extraordinary’ brand is to encourage the alignment of service and product

innovation to this brand.50 The grant of the Application will allow patrons, including a number of

tourists staying in Perth and Northbridge to ‘experience extraordinary’ by allowing them to sit

and enjoy the quality food and beverages available at the Premises whilst also enjoying the

seasonality of the city and embracing Perth’s outdoor environment, later into the evening.

Business travel

The WA tourism strategy aims to increase the contribution and leverage of business travel to

WA. One way to achieve this goal is to create events and experiences offered alongside

conventions and conferences and to implement strategies which encourage business travellers

to bring a friend, stay longer or come back for a holiday. The quality of the food and beverage

offerings including the availability and experience of these services are an important aspect of

49 Louise Scott, Executive Director, Strategy, Brand and Marketing Services – Kununurra Tourism Forum 15 November 2016, p 4, accessed at: https://www.tourism.wa.gov.au/Publications%20Library/Events/Kununurra%20Forum%202016%20-%206%20Marketing%20WEBSITE.pdf50 Tourism Western Australia, State Government Strategy for Tourism in Western Australia 2020, page 2, accessed at: https://www.tourism.wa.gov.au/Publications%20Library/About%20Us/State%20Government%20Strategy%20for%20Tourism%20in%20WA%202020%20-%20Strategy%20at%20a%20Glance.pdf

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encouraging people to want to come back or stay longer. The Application will assist with this

strategy as it will provide business people staying at one of the several nearby hotels with a

place to grab a bite to eat and enjoy a drink in a casual outdoor setting later into the evening.

Employment opportunities

The additional three hours of trade will also be beneficial for the employees of the Brass

Monkey as additional staff will be engaged for these additional hours of trade.

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F. HOW DOES THIS PROPOSAL IMPACT ON THE AMENITY, QUIET AND GOOD ORDER OF THE

LOCALITY – SECTION 38(4)(B)

As discussed throughout, the Brass Monkey alfresco area is popular amongst local and wider

metropolitan residents, CBD workers and tourists. It is situated in the centre of the Northbridge

entertainment and cultural precinct with only a very limited number of residential premises

situated in proximity to the Premises. The alfresco area already operates until 9pm and the

grant of this Application would extend the trading hours of the alfresco area by three hours

(until 12am).

The Applicant submits that the grant of the Application would have a positive impact to the local

community in terms of amenity and lifestyle. It will provide patrons with an additional outside

dining area in the precinct that is open until later into the evening. It will have a positive effect

on the many community and cultural events that take place in Northbridge all year round and

provide business people and tourists with a place to enjoy quality food and drinks in a casual

outdoor environment. It will also allow people to sit and enjoy the seasonality of the city and

embrace Perth’s outdoor environment past 9pm.

Moreover, the security personnel engaged by the Applicant to monitor the alfresco area and the

added passive surveillance of people in the area will enhance the security provided to the area,

which will in turn improve the good order of the immediate and surrounding areas.

G. HOW DOES THE PROPOSAL ADDRESS ANY OFFENCE, ANNOYANCE, DISTURBANCE OR

INCONVENIENCE CAUSED BY THE GRANTING OF THE LICENCE – SECTION 38(4)(C)

1 SECTION 38(4)(C)

Noise

The Premises and the alfresco area is located in the centre of the Northbridge entertainment

district and is not located within the immediate vicinity of any residential properties and

therefore it is very unlikely that patron noise will disturb the nearest noise sensitive properties.

The Applicant has a decibel reader onsite as well staff and security personnel who regularly

monitor the noise levels within the Premises and the alfresco area. Therefore, the Applicant

submits that the current management practices in place, which ensure noise levels are

contained within the permitted levels, will be sufficient to manage the noise levels for the

additional three hours of operation. Therefore, the Application will not unduly increase the

noise in the area.

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Traffic

Public Transport

The Premises is in close proximity to major transport hubs. The Perth train and bus

stations, which operate into the early hours of the morning, are only a few minutes’

walk from the Premises. The Premises is also well serviced by taxi’s and ride share

services. This means people will be discouraged from needing to bring their car into the

CBD to enjoy the Premises and the additional three hours sought under this Application.

Pedestrians

The alfresco area is well positioned to ensure that pedestrians and car traffic is not

impeded. The additional three hours of operation will not unduly impact traffic or

pedestrian access.

Security and management

As discussed above at section C, the Applicant has implemented responsible service of alcohol

policies. The crime prevention through environmental design policies were in the design of the

Premises and the alfresco area to ensure that a safe and secure environment is provided for

customers. The extension of the alfresco operating hours will add an extra element of security

to the immediate area due to increased passive surveillance as well as the security management

of the alfresco area until 12am.

In summary, the additional three hours of trade in the alfresco area will not negatively impact

neighbouring uses or the amenity of the surrounding areas.

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I CONCLUSION

The Applicant has provided evidence throughout its Public Interest Assessment to support the

grant of the Application for the Brass Monkey.

The Applicant submits that the granting of the Application is in the public interest pursuant to

s38(2) of the Act and meets the primary and secondary objectives of the Act. The superior

management practices of the Applicant, the improved amenity and added security proposed by

the Application are all in accordance with s5(1)(a) of the Act, i.e. they assist with the improved

regulation and supply of liquor in the Locality.

The Applicant is an experienced and responsible operator with proven operational capabilities.

The Applicant and will continue to implement strong harm minimisation policies and procedures

in accordance with the s5(1)(b) of the Act.

The Application will improve the food and drinks landscape in Northbridge by providing locals,

tourists and business people with greater access to outdoor dining areas past 9pm. It will also

have a positive effect on the many community and cultural events that take place in

Northbridge all year round as well as satisfy the demand of customers currently patronising the

Premises who are often left disappointed when they are asked to move inside before 9pm.

The Applicant therefore submits that the Application will cater for the requirements of

consumers within the Locality in accordance with s5(1)(c) of the Act and further the proper

development of the liquor industry, the tourism industry and other hospitality industries in

Western Australia.

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

The Applicant submits that the Application will provide great benefits for the following reasons:

the Premises is a Perth institution;

it will contribute to the tourism strategy for the City of Perth by providing tourists and

business people with an additional place to enjoy quality food and drinks in a casual

outdoor setting, allowing them to enjoy the vibrancy and seasonality of the city and

embrace Perth’s outdoor environment later into the evening;

it will have a positive effect on the many community and cultural events that take place

in Northbridge all year round;

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the results of the Applicant’s customer survey provides compelling and objective

evidence that the Application will cater to the requirements of consumers for liquor and

related services; and

the proposed Application will enhance the employment opportunities by offering an

additional three hours of trade in the alfresco area.

The Applicant requires the Licensing Authority to undertake a weighing and balancing exercise

between the primary objectives of the Act i.e. s5(1)(b) in relation to the minimisation of harm

and ill-health and s5(1)(c) in relation to catering for the requirements of consumers of liquor and

related services with regard to the proper development of the liquor industry, the tourism

industry and other hospitality industries in the State. The Applicant reiterates that the Locality:

is a very advantaged area;

has a low-level of at-risk groups;

has a population that is growing at a rate that will sustain the additional three hours of

trade;

has visitors/tourist numbers that will sustain the additional three hours of trade; and

has a customer base that strongly supports the grant of the Application.

The Applicant submits that in this Application there is little tension between the objectives of

the Act. The likely degree of harm as a result of the grant of the Application is minimal due to

the demographics of the area and the operational capabilities of the Applicant. The weight of

the public interest evidence favours the grant of this Application.

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J FURTHER INFORMATION

The Applicant reserves the right to supplement this PIA and accompanying submissions if

required in order to satisfy the public interest test under the Act. The Applicant would also

welcome the opportunity to discuss the Application with the Licensing Authority if further

information or further consideration of any aspect of this PIA is needed. The Applicant may be

required to amend this PIA subject to any specific issues that are identified by the Licensing

Authority or any interveners or objectors to this Application.

The contents of this publication are subject to copyright. It may not be reproduced, stored in a

retrieval system or transmitted other than in connection with bona fide use by the parties and

the Licensing Authority in the application, without written permission. Enquiries should be

addressed to Leah O’Connell, Squire Patton Boggs (AU), Level 21, 300 Murray Street, Perth,

Western Australia.