public interest assessment
TRANSCRIPT
Prepared by Lavan on behalf of the applicant Ref: Alec Weston [email protected] T: (08) 9288 6873 www.lavan.com.au © Lavan 2019
FOMO Emporium Pty Ltd applicant for conditional grant of liquor store licence
FOMO Emporium Tenancies G 17A, G 17B and G 18A, Kings Square, Fremantle
PUBLIC INTEREST ASSESSMENT
Doc 03
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019
Table of Contents
1 Introduction and background 2
Applicant’s details and background 2 Overview of the Kings Square Development 4
2 Manner of trade 11
The premises 12
Packaged liquor offering 13
Other services 14
Patronage 14
3 Locality 16
4 Section 5 19
5 Harm or ill-health – section 38(4)(a) 20
“At risk” groups and sub-communities 20
Social health indicators 22
Strategies to be implemented to minimise harm or ill-health 25
6 Impact on amenity – section 38(4)(b) 26 Nature and character of the local community 27
How will the proposed premises fit into the amenity? 30
Outlet density 33
Consultation 45
7 Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 45
8 Other matters 47
Security and safety 47 Harm minimisation 47
9 Tourism, community or cultural matters – section 38(4)(ca) 48
10 Conclusion 54
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 2
1 Introduction and background
1.1 This Public Interest Assessment (PIA) supports the application by FOMO Emporium
Pty Ltd (ACN 635 691 913) for the conditional grant of a liquor store licence in respect
of premises situated at Kings Square, Fremantle to be known as FOMO Emporium.
1.2 This PIA addresses all relevant aspects of the public interest in accordance with both
the Liquor Control Act 1988 (WA) (Act) and the Department of Racing, Gaming &
Liquor’s Public Interest Assessment Policy as last amended 3 October 2018 (PIA
Policy). In accordance with the PIA Policy this application is regarded as “complex”.
This PIA document reflects all of the issues which are required under the PIA Policy
for such an application.1
1.3 As this PIA is part of the Applicant’s Case, it should be read in conjunction with the
other parts and supporting material, all of which are itemised in the document titled
Index of Material Before the Director and Applicant’s Case (Index).
1.4 Where this PIA makes references to particular documentary material to support
certain information and propositions, that material is cited by way of its document
listing in the tables contained within the Index document (eg ‘(DOC1)’).
1.5 In addressing matters of public interest, the applicant made a questionnaire available
to the public using the online tool known as Survey Monkey. The questionnaire
detailed the Kings Square development as a whole and then provided individual
questions with regard to each of the three separate licensed premises proposed to be
located within the overall development. The questionnaire was available from
13 September 2019 to 2 October 2019. 273 respondents completed the online
questionnaire. A copy of the questionnaire (DOC 21), the results of the questionnaire
(DOC 20) and the individual responses (DOC 22) are included as part of the application.
Applicant’s details and background
1.6 FOMO Emporium Pty Ltd was incorporated for the specific purpose of applying for
and carrying on the business under the proposed liquor store licence.
1.7 The sole director of FOMO Emporium Pty Ltd is Matthew McNeilly. Mr McNeilly is
also the managing director Sirona Capital, the landowner and developer of the Kings
Square site.
1.8 Sirona Capital is one of Western Australia’s pre-eminent development companies and
is described as follows:2
Sirona Capital is a specialist real estate funds manager with a focus on investment
and development and specifically, urban renewal. Our core competence is the
1 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy Accessed 22 August
2019
2 https://www.sironacapital.com/#about Accessed 16 September 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 3
ideation and origination of profitable developments in order to generate significant
cash yield for investors.
Sirona is located in the global natural resources hub of Perth, Western Australia and
is one of the State’s leading real estate developers and investors. Sirona is an active
manager, controlling and operating the assets it develops or owns.
Sirona invests across a broad range of asset classes and capital structures with a
particular focus on opportunistic, value investing and lending. Sirona also provides
strategic advisory services.
Our wholesale investment partners comprise global institutional investors, family
offices and high net worth individuals. Capital invested tends to be patient with a 5
year average investment term. Sirona co-invests in every fund.
At present, Sirona has in excess of A$ 330 million of capital committed to 9 discrete
managed funds. The estimated on-completion value of our development pipeline is
over A$ 1 billion.
Sirona is governed by an Australian Financial Services Licence (AFSL) and managed
by a dedicated and highly experienced team of investment and asset management
professionals.
1.9 Mr McNeilly is a highly experienced and successful businessmen. The development
of the FOMO Emporium concept is well within his capabilities. Mr McNeilly’s
background is as follows:3
Mathew is responsible for setting the strategy, the ideation and origination of all real
estate opportunities, managing capital partnerships and the performance of Sirona
Capital’s real estate business, investments and funds.
Matthew established Sirona Capital’s real estate business in 2010 and has more
than 30 years of domestic and international experience in real estate acquisition,
divestment, development and finance, having worked for institutions, governments,
banks, corporations and family offices.
Prior to joining Sirona Capital, Matthew spent 15 years in real estate investment
banking where he was responsible for advisory, financing and real estate
development funds management. In 2001, Matthew founded the Perth office of
Australian investment house, Grant Samuel.
Matthew has been an executive director to the manager and trustee companies of a
number of property investment entities. He is presently Chair of Council at Christ
Church Grammar School.
Matthew holds a Bachelor of Commerce from the University of Western Australia, a
Master of Business Administration from London Business School and is a Member
of the Australian Institute of Company Directors.
1.10 Based on his experience, reputation and credentials, the licensing authority should
hold no concerns as to Mr McNeilly’s fitness to be involved in licensed premises. His
business acumen will ensure that the FOMO Emporium is a highly successful
3 https://www.sironacapital.com/#about Accessed 16 September 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 4
operation that responds specifically to the requirements of consumers visiting the
Kings Square precinct.
1.11 Further information about Sirona is detailed in its Capability Statement which is
included as part of the Applicant’s Case (DOC 24).
Overview of the Kings Square Development
1.12 Sirona Capital Management Pty Ltd has partnered with the City of Fremantle to
create Kings Square, the largest public-private infrastructure project in Fremantle’s
history. At the centre of Fremantle’s civic and commercial heart, this once-in-a-
generation project will transform the heart of Western Australia’s favourite port city
into a vibrant commercial and community hub. The location of the Kings Square
precinct is shown below.
1.13 FOMO Emporium will be situated in the area labelled as the “New Commercial &
Retail Precinct” in the diagram above. The retail space will be known as FOMO
which is an acronym for Freo On My Own which refers to the fact that everyone
experiences Fremantle in their own way and this precinct is designed to cater to a
broad demographic and have something for everyone. Managing Director of Sirona
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 5
Capital, Matthew McNeilly, has stated as follows with regard to the development of
the FOMO retail precinct:4
FOMO will be a complete game changer for the industry. We saw a once in a
generation opportunity to harness the unique personality of Fremantle to create a
retail environment where the journey will be as important as the destination.
FOMO will create bold, daring connections for people to sit in, walk through and
engage with as they wander and explore. The traditional delineation between retail
offerings will be replaced with open planes of sight and organic and free flowing
experience.
On an unprecedented level, Fremantle people from all walks of life will shape and
morph the project as it progresses through expression of their own stories,
experiences, dreams and creativity.
As part of building FOMO we will invite the Fremantle community and beyond to
come to FOMO and share in FOMO FREO COLOUR – a paint-in of epic
proportions where people can celebrate what Fremantle means to them through
paint and colour.
1.14 City of Fremantle Mayor Brad Pettitt has stated as follows about the project:5
Created in many ways by the community for the community, FOMO will be a hub of
art, architecture, culture, retail, and food experiences unique to Fremantle’s identity.
This ambitious redevelopment will be a trigger for renewal and will provide a
massive economic boost for surrounding areas.
1.15 The new commercial buildings and exciting FOMO retail precinct will deliver:
1.15.1 Innovative and high-quality specialty retail and dining facilities.
1.15.2 New commercial spaces including office accommodation for more than 1,600
state government employees relocating to Fremantle.
1.16 Complementing this, the City of Fremantle buildings and public spaces include:
1.16.1 A competition-winning civic administration building with purpose built indoor
and outdoor community spaces and meeting rooms.
1.16.2 State-of-the-art library and visitor centre experiences.
1.16.3 A revamped city square complete with landscaped grassed areas and tree
canopies, public art and new street furniture.
1.16.4 A new children’s Nature Playground.
4 Media Release, Retail tipped on its head in Freo, 14/09/17 DOC 25
5 Media Release, Retail tipped on its head in Freo, 14/09/17 DOC 25
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 6
1.16.5 Accessible toilets and change facilities.
1.16.6 Extensive lighting and CCTV precinct surveillance.
1.17 The City of Fremantle believes there are significant benefits to be gained from the
Kings Square development according to the following statement on its website:6
The Kings Square renewal project offers a multitude of benefits, both economic and
social and is considered a once in a generation opportunity to revitalise the
Fremantle city centre.
Economic benefits stem from the attraction of more residents, workers and
shoppers into the city centre. The project will lead to improved retail offers for
residents and visitors, increasing economic activity and creating a more vibrant city
centre. When talking purely in dollars and cents, the City is selling assets valued at
$30m and is getting in return a $270 million investment in the city centre.
The social benefits of the project will include improved public spaces and
community facilities and a greater activation and vibrancy of the city centre.
1.18 The applicant has engaged in significant community consultation to inform the design,
retail mix and brand proposition. That engagement is set out below.
1.18.1 Community Engagement for Kings Square:
(a) Community Engagement for Kings Square commenced in mid
2017. The Kings Square Community Engagement team has
performed more than 60 interactions with the community. These
included walkarounds of the surrounding area and talking through
the project with community members, public forums, regular
monthly project update emails to a subscribed database, and
other email correspondence through the database. These
interactions all communicated the design intent of the project,
gauged the expectation and desires of the community and project
stakeholders, and kept the community and project stakeholders
informed of the progress and key milestones.
1.18.2 FOMO Brand Engagement:
(a) In early 2017, research was conducted via personal interviews,
online survey, and project working groups with local Fremantle
residents to understand expectations and desires of people when
visiting Fremantle. This research informed the creation of the
FOMO retail and F&B precincts. Respondents indicated a high
preference for Casual / Family restaurants, Bars, and Cafes as
the most appealing options for FOMO.
6 https://www.fremantle.wa.gov.au/kings-square-fremantle-renewal Accessed 22 August 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 7
(b) The research then went on to inform the creation of the FOMO
brand – tagged as a “brand built by the community for the
community”. The intent is for the community to be involved in the
project as it progresses as is evidenced by the first community
event held in November 2018 – FOMO Freo Colour. 800+ Local
and surrounding Fremantle residents came to a free community
paint in to paint what Fremantle means to them. Selected
artworks from the day will be used in the creation of FOMO brand
collateral and beyond. FOMO Freo Colour recently won the "Mini
Guns: Excellence in Marketing, Brand and Partnerships award" at
the Property Council WA 2019 Property Awards.
1.19 The results of the community engagement are set out in the Kings Square Retail
Redevelopment Research Presentation (DOC 26).
1.20 The Kings Square retail precinct, to be called FOMO, will reflect the heritage fabric
which lines the streets of Fremantle. FOMO will reactivate the City’s civic heart with
interactive indoor and outdoor spaces and a highly considered retail mix. The FOMO
website describes the retail aspect as follows:7
7 http://fomofreo.com.au/about/ Accessed 22 August 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 8
1.21 Inside, FOMO will provide a vibrant atmosphere to the visitors of the complex with
urban-style spaces as is evident from the artist impression below.
1.22 FOMO Emporium is proposed to be located on the ground floor of FOMO and occupy
a central location within the development. The proposed location of the venue on the
ground floor can be seen in the site plan below (proposed premises in orange).
1.23 FOMO Emporium is intended to be an independently operated liquor store stocked
with a wide range of hand selected products from Australia and overseas. The
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 9
bespoke product range will be tasted by the Emporium team so as to provide an
informative and personalised service in a friendly and educational environment. The
licensee will form strong relationships with artisan wine, beer and spirit producers with
a particular emphasis on small and unique producers that are driven by quality. The
liquor store will seamlessly connect with and complement the bespoke supermarket
offering in the adjacent premises.
1.24 Various features of the Locality have motivated the establishment of FOMO
Emporium at the particular site. These factors include the following:
1.24.1 The extensive investment in development around the Locality.
1.24.2 The lack of licensed facilities in the Locality that operate in a similar manner
to that proposed at FOMO Emporium.
1.24.3 The nature and character of the local community.
1.24.4 The expected population growth in the area.
1.24.5 The profile of the site, including its existing high exposure to vehicle and
pedestrian traffic.
1.24.6 The demand by the general public and the 1,600 office workers to be
situated in the commercial spaces above for FOMO Emporium.
1.24.7 The interesting history of the existing site.
1.25 All of these factors are addressed in detail throughout this PIA.
1.26 With regard to demand for the proposed licence, the applicant has consulted with the
public regarding the FOMO Emporium proposal. This was done through an online
questionnaire that was distributed to various individuals across a range of age groups
and demographics. The results of the online survey reveal an overwhelming level of
support for the proposal from a large representative sample of the public. A
staggering 88% have indicated that they support the liquor store licence application
(DOC 20) as reflected below.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 10
1.27 The public has expressed that FOMO Emporium will fill a noticeable void in the
community. Its bespoke product offering has been cited as a particularly stand-out
quality. The following comments from some of the participants highlight this point:
1.27.1 “There is currently limited choice in boutique liquor products operating in
Fremantle or its surrounds. The new liquor store will provide a great
alternative and unique services and facilities not otherwise accessible.”
Cameron Barr (DOC 23.16)
1.27.2 “The new liquor store will provide a perfect alternative and additional
services and facilities not otherwise available.” Doug Kerr (DOC 23.15)
1.27.3 “I am genuinely excited to see an independent liquor store that could cater
for clients that stay with us who are looking for high quality independent
products.” Roger Law, Quest Fremantle (DOC 23.23)
1.27.4 “The eastern part of Fremantle CBD has currently no choice in top quality
retail operating for my needs. The new liquor store will provide additional
services and facilities not otherwise available also complimenting (sic)
patrons of the food offer in this area.” Lui Volanti (DOC 23.9)
1.27.5 “FOMO Emporium intends to be an independently operated liquor store
stocked with a wide range of hand selected products from Australia and
abroad.” Brad Pettitt, Mayor of the City of Fremantle (DOC 23.1)
1.28 The following comments from Tourism WA are also highly relevant in terms of
establishing how the FOMO precinct and its licensed venues will positively affect
Fremantle:8
Tourism WA's support for FOMO is based on its tourism value within Fremantle's
entertainment precinct. The Iocation is within walking distance of Fremantle
Harbour, Fremantle Markets, the World Heritage listed Fremantle Prison and the
Fremantle train station; all places of interest to visitors. The offering of quality dining
and beverage services in a prominent Iocation within the precinct will add to the
unique vibrancy and liveliness of Fremantle, and enhance the tourism offering
catering for different experiences and visitor expectations.
Tourism WA is pleased to offer this Ietter of support to the Department of Local
Government, Sport and Cultural Industries, on the basis that FOMO would make an
important contribution to both the day and night time economy of the City of
Fremantle and to tourism in WA.
8 DOC 23.3
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 11
2 Manner of trade
2.1 The premises is proposed to operate pursuant to a liquor store licence, where liquor
will be available for takeaway only, save for the provision of tastings.
2.2 FOMO Emporium is proposed to operate seven days a week in accordance with the
hours provided for in section 98D of the Liquor Control Act. The actual trading hours
will be dictated to by consumer demand as well as the operating hours of the adjacent
supermarket premises. In this regard, the applicant seeks approval for the standard
permitted trading hours applicable to liquor store licences pursuant to the Act.
2.3 FOMO Emporium will provide diversity and contribute to the vibrancy and overall
amenity of the area. FOMO Emporium will be the only premises within the FOMO
retail complex that will sell packaged liquor.
2.4 A sophisticated multifaceted environment for patrons residing, working or visiting the
local area is proposed to be established within the FOMO retail and dining
experience.
2.5 FOMO Emporium will be an independently operated liquor store stocked with a wide
range of hand selected products from Australia and abroad. A knowledgeable team
will provide informed and personalised service in a friendly and educational
environment. FOMO emporium will have strong relationships with artisan wine, beer
and spirit producers who display a commitment to quality.
2.6 FOMO Emporium will:
2.6.1 be approximately 240m2 in size;
2.6.2 be capable of trading Monday to Sunday in conjunction with the trading
hours of the FOMO retail and dining precinct and in accordance with
authorised trading hours as set out in section 98D of the Liquor Control Act;
2.6.3 specialise in the provision of artisan liquor products; and
2.6.4 provide tastings and instore appreciation sessions.
2.7 The following operational policies and standards will be adopted and applied at
FOMO Emporium to provide a distinctive quality of atmosphere and service:
2.7.1 Comprehensive harm minimisation management. Further details are
provided elsewhere in this PIA.
2.7.2 Quality finishes throughout, creating a non-intimidating environment.
2.7.3 Presence of quality, hand selected liquor products.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 12
The premises
2.8 The applicant intends to capitalise on the open plan design of the retail space within
FOMO by creating a liquor store space that will have a considerably different style
and layout as compared to standard or traditional liquor stores operated by one of the
two largest liquor retailers. FOMO Emporium’s distinctive design is evident from the
plan below and the design board pictures that provide a sense of the style, layout and
feel of the area to be licensed.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 13
2.9 One of the key objectives of the FOMO retail and dining precinct will be to create a
safe and non-intimidating environment. It is important to the applicant that customers
feel comfortable, secure and not threatened. This will be achieved through the
following means:
2.9.1 Features of the architecture and space.
2.9.2 Furniture and seating arrangements.
2.9.3 Cleanliness and maintenance.
2.9.4 Music.
2.9.5 Appropriate lighting.
2.9.6 Strong food presence and highly visible food displays (from both an internal
and external perspective).
2.9.7 Friendly, accommodating and knowledgeable staff.
2.9.8 Harm minimisation and responsible service policies and management
practices.
2.10 The layout will deliver an approachable, non-threatening offering that is in keeping
with today's modern approach to retailing.
2.11 Included in the Applicant’s Case is a design concept document which contains
sketches and sample images depicting generally the fitout style and furnishings
intended (DOC 16).
2.12 The applicant has considered the impact of FOMO Emporium on the surrounding
Kings Square precinct. The applicant will ensure that the operations of FOMO
Emporium complement the range of other uses at Kings Square.
2.13 The highly curated tenancy mix at Kings Square was always intended to include
FOMO Emporium trading with a liquor store licence. The need and justification in
establishing it was evident from the outset.
Packaged liquor offering
2.14 FOMO Emporium will focus its stock offering toward showcasing high quality,
independent products from artisan producers. Listed below are just some few
examples of the unique producers whose products are intended to be stocked at
FOMO Emporium:
2.14.1 Si Vintners Wine
2.14.2 Limeburners Whisky
2.14.3 Ginversity Gin
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 14
2.14.4 Roleystone Cider
2.14.5 Black Brewing Beer
2.15 Whilst stocking and showcasing unique products will be a primary focus at FOMO
Emporium, the liquor store will also stock a comprehensive range of standard and
mainstream products to ensure that consumers will be able to obtain all of their
packaged liquor requirements from the one store.
Other services
2.16 FOMO Emporium will hold tastings and educational sessions in addition to supplying
packaged liquor. Its staff will be highly trained and provided with their specialised
education sessions relevant to the unique products that will be on offer instore.
2.17 A majority of the tasting and educational sessions will be held in conjunction with a
representative from the supplier of the product that is being showcased. Whether that
is the head brewer from an independent boutique brewery or the winemaker from a
vineyard down south, there will be an authenticity and connection with the product
that will be above and beyond a standard liquor store tasting session.
2.18 FOMO Emporium will also provide a delivery service to corporate clients within the
Fremantle area.
Patronage
2.19 The applicant envisages that FOMO Emporium will attract a wide range and diverse
group of people. It will be attractive to those people attending the FOMO retail
precinct, the nearby office workers, tourists visiting the area and local residents
looking for new and exciting products to try.
2.20 The premises will be situated within a very busy civic, retail and commercial precinct
that already has a high level of exposure to pedestrian and vehicle traffic. Thousands
of people go to Fremantle every day.
2.21 FOMO Emporium will be the ideal place for cruise ship visitors to come and purchase
some unique, independent Western Australian products. Many of those cruise ship
tourists are unlikely to have the opportunity to travel to the wineries in Margaret River,
the microbreweries in and around Perth or the boutique distilleries in the Swan Valley.
FOMO Emporium will bring those products directly to them. This is a service that is
highly sought after and supported by Tourism WA in its letter where it stated that:9
In 2017-18, the cruise industry's economic impact in WA was valued at $275.9
million and of the 115 cruise ship visits to Western Australia, with 43 of those
docked at Fremantle'. Research with cruise passengers indicated that providing a
Iarger range of food and shopping options was an area of improvement for all port
locations, including Fremantle.
9 DOC 23.3
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 15
2.22 Clearly, FOMO Emporium is likely to be very well patronised, as indicated by the
graph below which establishes the fact that 69% of respondents are likely to buy take-
away liquor from FOMO Emporium.
2.23 Furthermore, the survey revealed that 62% of respondents would be likely to
purchase packaged liquor from the premises at least once a month.10
10 Refer to DOC 20
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 16
3 Locality
3.1 The PIA Policy does not specify a standard radius for a premises situated within the
suburb of Fremantle and so the applicant has determined its own locality. Having
regard to the assessment factors contemplated in the PIA Policy and its definition of
what a locality is, the applicant has considered that an appropriate locality for this
liquor store licence application is a 2km radius area surrounding FOMO Emporium.
3.2 Depicted below is a map showing the 2km radius area. The Locality is comprised
mainly by the following suburbs:
3.2.1 Fremantle.
3.2.2 North Fremantle.
3.2.3 East Fremantle.
3.2.4 South Fremantle.
3.2.5 White Gum Valley.
3.3 The 2km radius also includes a relatively small area of Beaconsfield. However, given
the small proportion of Beaconsfield that falls within the Locality, it has not been
analysed as part of the Locality for this application. Collectively, these five suburbs
form the area that the applicant considers is “the area most likely to be affected by the
granting of [this] application in relation to amenity issues”11.
11 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 17
3.4 The premises are situated within the heart of the City of Fremantle.
3.5 Fremantle is described in the following terms by the Real Estate Institute of Western
Australia12:
Established in 1829, Fremantle is the port city of Western Australia and is
characterised by its unique landscape, heritage architecture, cafes, restaurants,
stores and markets. A popular destination for both residents and visitors alike, the
suburb is home to more than 7,650 people and is a mixed-use area with its five
square kilometres used for residential, commercial, institutional, maritime and
industrial purposes.
Life in Fremantle
Busy, energetic and always alive, Fremantle is arguably the second busiest city
sector of Western Australia. Enjoy alfresco dining on the cappuccino strip, which
runs through a section of South Terrace, take a stroll along the Fishing Boat
Harbour and stop in for a drink and a feed at Little Creatures Brewery. Pubs, clubs,
shops and markets are all in abundance in Fremantle, making it a popular
destination on a night out and the suburb is also home to several popular annual
festivals, which attract people from all over the metropolitan area. The Fremantle
Railway Station provides convenient access into Perth City.
3.6 The suburb of Fremantle is a well known tourist destination and Tourism Western
Australia describes Fremantle in the following terms on its website13:
The vibrant city of Fremantle blends the old with the new, creating an enriching
cultural experience. Maritime, convict and colonial history can be explored in one of
the best preserved examples of a 19th century port streetscape on Earth, while
buzzing markets, lively bars and casual street cafes give you a taste of 21st century
life with the locals.
As Perth's neighbouring port town, Fremantle (or Freo as it's affectionately known)
is just a 30-minute drive or train ride from the city. Or, you can hop on the ferry from
Barrack Street for a leisurely cruise down the Swan River.
If you're hitting the heritage trail, be sure to include a visit to the Western Australian
Maritime Museum, World Heritage listed Fremantle Prison and Western Australia's
oldest public building, the Roundhouse.
You can even take in some classic colonial architecture as you sip your coffee on
the Cappuccino Strip or a cool beer at one of many heritage pubs. And if you
venture into the Fremantle Markets, you'll experience the exotic aromas, sights and
sounds of an icon that's been bustling for more than 100 years.
At its shores, the redeveloped Fishing Boat Harbour that has been in operation
since the early 1900s is still the best place to sample fresh local seafood, only today
you can wash it down with a locally-brewed ale or premium West Australian wine.
For shopaholics, the pickings are just as rich, from high street fashion to local
12 https://reiwa.com.au/suburb/fremantle/ Accessed 12 August 2019
13 https://www.westernaustralia.com/en/Destination/Fremantle/56b266c1d5f1565045da9d6d#/ Accessed 12 August 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 18
designers, homewares to curios and a range of galleries, including Aboriginal art.
And after sundown, you'll see the street cafes, bars and clubs crank up the pace to
create a buzzing night scene.
If you're making Fremantle your base, you'll find plenty of budget backpacker
accommodation, as well as boutique bed and breakfasts, self-catering cottages,
apartments and hotels to choose from.
Freo is a town that is proud of its authenticity, anything-goes attitude and creativity.
Experience it at its best by timing your visit to coincide with one of its many famous
cultural festivals.
3.7 The Kings Square redevelopment is a significant infrastructure project within the
Locality. For the purposes of the PIA, the following images give a valuable insight
into proposed venue’s location within the CBD and its proximity to other facilities14.
14 https://www.kingssquarefremantle.com/
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 19
3.8 The City’s vision for the Kings Square development was set out in its Business Plan
of November 2012.15 The Business Plan clearly states the project vision as follows:
…instigate a generational re-investment of the City’s community, civic and
administrative facilities and underpin economic development and the urban
environment.
Fundamentally, this involves:-
a. The City ‘s proactive role as a major anchor and catalyst through the
staged re-investment of its library, civic, tourism and administration
facilities (on its Kings Square landholdings),
b. Funded via the sale of strategic (non-core) sites to a third party
commercial partner with the capability and experience to deliver
mutually beneficial and complementary economic development anchors
in a timely manner,
c. Reposition the Kings Square precinct as an iconic public realm
centrepiece of the Fremantle CBD.
3.9 According to the same document, the primary objectives of the Kings Square Project
strategy are as follows:16
The Primary Objective of the Project is to facilitate the development (or re-
development) of a number of properties in and around the Kings Square precinct to
achieve:-
1. A civic, retail, commercial and community hub reflecting its unique place as
a the centre of Fremantle and creating a vibrant, active and safe place for
citizens and visitors and,
2. A leading edge development demonstrating confidence in Fremantle as a
place to invest.
The key theme of the project is to attract and retain more people (office workers,
retailers, shoppers and hotel guests, residents) to the Kings Square precinct and to
activate Kings Square itself.
3.10 FOMO Emporium will clearly add to the community hub and help to bring vibrancy
and activity for the public to enjoy in this important revitalisation of Fremantle.
4 Section 5
4.1 In accordance with the PIA Policy, the applicant has had regard for the matters
outlined in section 5 of the Act. Submissions addressing section 5 matters are
contained throughout this PIA and also in more detail in the applicant’s Legal
Submissions (DOC 15).
15 City of Fremantle Kings Square Project Business Plan, November 2012, (DOC 33). Page 4
16 Ibid. Page 7
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 20
5 Harm or ill-health – section 38(4)(a)
“At risk” groups and sub-communities
5.1 As required by the PIA Policy, the applicant has considered the “at risk” groups and
sub-communities that may be present in the Locality. These groups and sub-
communities have been studied with reference to some of the Australian Bureau of
Statistics’ 2016 Census data.17
5.2 The relevant Census statistics for each of the five suburbs situated in the Locality
have been combined to form a Locality Average. To provide context for analysis, the
Locality average has also been compared with the suburb of Fremantle (the suburb
within which the proposed premises will be situated), City of Fremantle (the local
government within which the premises will be situated) and the rest of the State in the
table below.
Census category Fremantle
(suburb)
Locality
Average
City of
Fremantle
Western
Australia
At risk group: Children and young people
Persons aged 14 and
younger
10.6% 14.3% 14.2% 19.2%
Persons aged 19 and
younger
14.6% 19.0% 18.8% 25.3%
Average age of persons in
suburb
41 43 42 36
At risk group: Aboriginal people and communities
Aboriginal and Torres Strait
Islander people
1.5% 1.1% 1.6% 3.1%
At risk group: Families
Couple family without
children
50.8% 45.7% 44.3% 38.5%
Couple family with children 31.8% 39.1% 37.8% 45.3%
One parent family 15.1% 13.8% 16.3% 14.5%
Other family 2.2% 1.4% 1.7% 1.7%
At risk group: Migrant groups from non-English speaking countries
Australia as country of birth 56.0% 62.3% 60.8% 60.3%
17 http://www.abs.gov.au/websitedbs/D3310114.nsf/Home/2016%20QuickStats
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 21
Census category Fremantle
(suburb)
Locality
Average
City of
Fremantle
Western
Australia
Top three responses as to
ancestry
English
Australian
Irish
English
Australian
Irish
English
Australian
Irish
English
Australian
Irish
English only language
spoken at home
75.3% 79.9% 76.8% 75.2%
Households where a non
English language is spoken
16.7% 15.6% 18.2% 19.4%
At risk group: People in low socio-economic areas
Worked full-time 55.3% 54.3% 54.0% 57.0%
Worked part-time 32.1% 34.1% 33.4% 30.0%
Unemployed 7.6% 6.6% 7.4% 7.8%
Median weekly income –
personal
$817 $885 $778 $724
Median weekly income -
family
$2,252 $2,483 $2,173 $1,910
Median weekly income -
household
$1,548 $1,785 $1,585 $1,595
More than $3000 gross
weekly income
22.4% 28.5% 23.0% 19.2%
5.3 All of the statistics above reflect very positively on the Locality. The following factors
are of particular note:
5.3.1 The Locality is home to a more mature resident population compared to the
corresponding State population, with the median age seven years older
than the State average.
5.3.2 Only a very small number of Aboriginal and Torres Strait Islander people
live in the Locality, which is a much smaller number than elsewhere in the
State on average. According to the PIA Policy, this is favourable risk
assessment factor.
5.3.3 The Locality is a relatively more affluent community, with its working
resident population earning well above the average State income level.
5.3.4 There is a higher percentage of families in the Locality that do not have
children compared to the State average which is also a positive from an at
risk group perspective.
5.3.5 There does not appear to be a high proportion of migrants from non-English
speaking countries in the Locality relative to the State average.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 22
5.4 As to “people from regional, rural and remote communities” referred to in the PIA
Policy, the Locality is within the Perth metropolitan region. It is a densely populated,
well-established and built up area. It is certainly not regional, rural or remote. It is
also not a mining community and not known to have “a high number of itinerant
workers”, although there may be some who live in the Locality.
5.5 As to the PIA Policy’s reference to “communities that experience high tourist
numbers”, the Locality is a major tourist area. However, this should be viewed as a
positive rather than a negative in relation to this application. The grant of the licence
will ensure that a well-known tourist area continues to provide a diverse and exciting
range of hospitality experiences for tourists who may be visiting the area. This issue
is dealt with later on in the PIA.
5.6 Clearly, there is no stand-out “at risk” group or sub-community in the Locality.
Social health indicators
5.7 The applicant has also had regard for social health indicators of the Locality as
contemplated in the PIA Policy, namely crime incidents and alcohol-related
hospitalisations. These matters are addressed in the following sub-paragraphs.
5.8 The following graphs illustrate the general level of crime incidents occurring in
Fremantle between 2010/11 and 2018/2019, as published by WA Police.18
5.9 The applicant accepts that the level of crime in the suburb of Fremantle is high.
However, the above graph does not identify which offences are alcohol-related.
Although there also appears to be an upward trend, the main reason behind the
increase has been an upward trend in fraud and related offences which have risen
from 61 in 2010/11 to 806 in 2018/19. Such offences are not known to be alcohol-
related.
18 https://www.police.wa.gov.au/Crime/CrimeStatistics#/start
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 23
5.10 It is highly relevant to note that the upward trend in crime in Fremantle coincided with
the closure of the Myer store in early 2013.19 The Kings Square development is
taking place on the Myer site and it is expected to greatly reduce the level of crime in
the Fremantle CBD as it will ensure this area of the City is revitalised and reactivated.
5.11 With respect to the crime rate in Fremantle, it is a well known retail district and this
can contribute to the rate of offending in the area. For example, of the 3,900 offences
recorded in Fremantle for the 2018/2019 financial year, 1,449 were stealing offences.
That is in addition to the 806 fraud offences. Therefore, fraud and stealing offences
accounted for well over 50% of all crimes that occurred in Fremantle in the 2018/2019
financial year.
5.12 Relevantly, from an alcohol-related harm and ill-health perspective, the number of
non-family assaults in Fremantle has decreased from 309 in 2010/2011 to 260 in
2018/2019.
5.13 The rates of alcohol-related hospitalisations are considered to be social health
indicators, according to the PIA Policy. In this respect, the 2014 surveillance report
published by the Drug and Alcohol Office provides some useful insight in relation to
the Locality. The extract below from the report is in respect of alcohol-related
hospitalisations in the City of Fremantle between 2007 and 2011.20 This is the last
report of its kind made publicly available.
5.14 The above extract shows that the City of Fremantle experienced a significantly higher
rate of alcohol-related hospitalisations than the State average.
19 https://www.abc.net.au/news/2012-09-13/myer-fremantle-store-closes/4259494 Accessed 8 October 2019
20 As at the date of this PIA, it is understood that the 2014 report is the most current version published by the Drug and
Alcohol Office, although a copy is no longer available online but would be known to the licensing authority. A copy can be
provided to the licensing authority if required.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 24
5.15 Despite the elevated rates of alcohol-related hospitalisations, FOMO Emporium is
highly unlikely to contribute to any of the alcohol-related issues in the Locality by
virtue of its low risk manner of trade and harm-minimising strategies. These are
referred to further on in this PIA.
5.16 Perhaps most relevantly, those people that participated in the online survey did not
believe that the premises would be likely to cause them any alcohol-related harm or
ill-health as is evident from the graph below (DOC 20).
5.17 Furthermore, those people that provided letters of support did not believe that the
licensed premises at the Kings Square development were likely to cause alcohol-
related harm or ill-health as is evident from the comments below:
5.17.1 “I do not believe the proposed new facilities will present abnormal alcohol-
related social problems due to the broad social focus of the offering. I also
believe the development will not impose upon the general amenity of the
locality.” Michael Rendell (DOC 23.12)
5.17.2 “I can’t see any negative effects and believe this will go a long way to
combatting some of the negative behaviours that I have seen in this
precinct – often to do with homelessness or drug addled regulars that
previously occupied the square prior to the build commencing” Julie Mason (DOC 23.10)
5.17.3 “I cannot foresee any possible negative affects from the licensed operations
within the FOMO retail and dining precinct.” Roger Law (DOC 23.23)
5.17.4 “I don’t feel the proposed new licence will cause any alcohol related
problems due to up-market patrons being the target audience” Hamish
Beck (DOC 23.24)
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 25
5.17.5 “I do not expect the proposal will cause any alcohol-related issues, having
regard for the nature of the proposal and the anticipated management
arrangements.” Dan Lees (DOC 23.8)
Strategies to be implemented to minimise harm or ill-health
5.18 The applicant has developed a suite of strategies which will indeed minimise the
potential for harm or ill-health to occur. Those strategies include the following:
5.18.1 Creating and maintaining a high quality premises in all respects, both
physically and operationally.
5.18.2 Operating in accordance with the House Management Plan and Code of
Conduct (DOC 14).
5.18.3 Pricing products according to the standard of product being offered.
Cheap, bulk liquor products will not be available. FOMO emporium will not
be the kind of liquor store where large, bulk displays of cartons of beer will
be on display at discount prices, as is common at traditional, mainstream
liquor stores. This will ensure that FOMO Emporium is most unlikely to
attract the kinds of consumers that may purchase products for the sole
purpose of drinking irresponsibly or impulsively.
5.18.4 The carefully selected range of liquor stock will include only a very small
number of cask wines and pre-mixed spirit drinks which are commonly
known to be higher risk packaged liquor items.
5.18.5 The educational feature of the FOMO Emporium concept directs consumer
attention to the quality, taste, manufacture and origin of products and
encourages an appreciation of those aspects. This very much takes the
focus of the alcohol content per se as an intoxicating substance.
5.19 Placing a heavy emphasis on staff training and management is another key strategy
to ensuring policies and practices will be implemented and laws complied with. The
following sub-paragraphs describe the applicant’s approach in respect to staff:
5.19.1 The applicant will invest considerable time, effort and resources into staff.
As mentioned earlier on in this PIA, there will be regular training for staff on
all facets of the business, including detailed product knowledge and
customer service.
5.19.2 Staff will wear a smart uniform as their presentation is considered by the
applicant to be important both in terms of upholding image and also in
terms of portraying a professional and responsible approach to the
business.
5.19.3 The applicant will ensure all staff at FOMO Emporium are properly trained
as to their responsibilities under the Act, the licensing authority’s policies,
matters of safety and all other laws and regulations applicable to the proper
conduct of the business.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 26
5.19.4 The store will be adequately staffed at all times with appropriately trained
and knowledgeable people and at least one unrestricted approved
manager. This will ensure sufficient resources to properly serve customers,
as well as to assist with store surveillance and management.
5.20 Another harm minimising element of the FOMO Emporium concept will be the focus
on quality of product. The applicant will invest enormously in providing customers
with high quality products at reasonable prices. This approach is entirely consistent
with consumer trends, summarised as follows:21
Australia’s near $17 billion retail liquor market grew by 3.3% in 2016, which amounted to
$546 million. Although consumers are opting for both premium and value priced liquor
products across categories, value growth (+ 3.3%) again outpaced volume growth (+
1.5%). It signals a retail liquor industry that has adapted to consumer’s changing
drinking habits, needs and preferences with added value products and in-store
merchandising. It is also evidence of “choice premiumisation” as more drinkers opt for
quality over quantity, and a superior taste experience rather than just the lowest price.
(Emphasis added)
5.21 In respect of the issue of juveniles, very strict policies will apply. Unaccompanied
juveniles will not be permitted entry into the store. Further, staff will be directed to
comply with “ID Under 25” policy. Customers suspected of being under the age of 25
will be asked to provide identification to prove their age. The applicant will also
operate under a strict policy whereby liquor is not sold or supplied to anyone
suspected of obtaining liquor for a juvenile, including guardians and parents.
6 Impact on amenity – section 38(4)(b)
6.1 In terms of the impact on amenity, the Kings Square project was the subject of a
detailed business plan process conducted by the City of Fremantle, with the final
report being completed in November 2012. A copy of the Business Plan is included
with the application papers (DOC 33).
6.2 The Business Plan made the following conclusions with regard to the project
(emphasis added):22
1. A strategic partnership with Sirona on the basis of guaranteed Stage 1
outcomes and a best endeavours platform to pursue significant consequential
development that will underpin a comprehensive repositioning of the Fremantle city
centre – is deemed to be the optimal avenue available to Council to achieve its
Strategic Plan and Project Objectives – Section 3.59 (d).
2. The Project derives a positive Net Present Value to the City (enhancing
community wealth) and will require a peak funding requirement of approximately
$15.60 million in year 4 (although the timing is flexible and relates to Sirona’s
performance on the Spicer site) and only if Council progresses with Building 2. The
Project is deemed to present a low to moderate risk profile to the City with the
21 ALSA-IRI State of the Industry Report, March 2017, at page 5 (DOC 34)
22 DOC 33
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 27
resourcing of risk management factored into the Business Plan to adequately
address identified risks – Section 3.59 (c).
3. The Project can be funded from cash flows inherent to the Project itself and is not
deemed to require significant ratepayer contributions which would place pressure
on sustained rate increases or compromise the provision of facilities and services
by the City – Section 3.59 (a).
4. The establishment of a critical mass to encourage new people, visitors,
speciality retailers, residents, office workers etc to the Kings Square precinct
is not deemed to adversely impact other property owners/businesses in
Fremantle – rather, to underpin activity which may advance opportunity –
Section 3.59 (b).
5. The City proposes an internal Project Control Group (PCG) process, outsourced
Project Management, sound governance framework and dedicated (external)
Development Management resource underpinning this project – Section 3.59 (e).
6.3 The Kings Square project has, from the outset, included licensed hospitality facilities.
The grant of this liquor licence is consistent with the planning for this project and is
unlikely to negative impact the amenity as concluded by the City above.
Nature and character of the local community
6.4 The City of Fremantle is described in the following terms:23
The City of Fremantle is a local government authority located 20km south of the
Perth CBD comprising the suburbs of Beaconsfield, Fremantle, Hilton, North
Fremantle, O’Connor, Samson, South Fremantle and White Gum Valley.
The Town of Fremantle Council was founded in 1871 and it wasn’t until 1929 that it
gained city status. Today, the City employs more than 400 people and services
approximately 30,000 residents over a land area of 19 square kilometres.
We pride ourselves on responsible social, economic and environmental
management and in 2009, Fremantle became WA's first carbon neutral city. In
September 2014, Fremantle became one of only two councils in Australia to
achieve national One Planet certification for sustainability.
The City also has a strong focus on arts and culture and owns and runs the
iconic Fremantle Arts Centre and world-renowned festivals including Australia’s
oldest festival, the Fremantle Festival.
6.5 Specifically as to the suburb of Fremantle, it is described by the Real Estate institute
of Western Australia (REIWA) as follows:24
Established in 1829, Fremantle is the port city of Western Australia and is
characterised by its unique landscape, heritage architecture, cafes, restaurants,
23 https://www.fremantle.wa.gov.au/about Accessed 2 September 2019
24 https://reiwa.com.au/suburb/fremantle/ Accessed 12 August 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 28
stores and markets. A popular destination for both residents and visitors alike, the
suburb is home to more than 7,650 people and is a mixed-use area with its five
square kilometres used for residential, commercial, institutional, maritime and
industrial purposes.
Life in Fremantle
Busy, energetic and always alive, Fremantle is arguably the second busiest city
sector of Western Australia. Enjoy alfresco dining on the cappuccino strip, which
runs through a section of South Terrace, take a stroll along the Fishing Boat
Harbour and stop in for a drink and a feed at Little Creatures Brewery. Pubs, clubs,
shops and markets are all in abundance in Fremantle, making it a popular
destination on a night out and the suburb is also home to several popular annual
festivals, which attract people from all over the metropolitan area. The Fremantle
Railway Station provides convenient access into Perth City.
6.6 Indeed, REIWA data shows that house prices in Fremantle have been consistently
well above the average in the Perth metropolitan region.
6.7 Some of the 2016 Census data can provide a brief illustration of the type of people
who live and work in the community. The table below contains some useful statistics
for Fremantle and the Locality average25 , as compared to the State overall.
Census descriptor Fremantle Locality
average
City of
Fremantle
State
Median age 41 43 42 36
25 Being the average of the statistics for Fremantle, North Fremantle, East Fremantle South Fremantle and White Gum Valley.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 29
Census descriptor Fremantle Locality
average
City of
Fremantle
State
Married 33.3% 41.6% 39.1% 48.8%
Never married 45.5% 38.9% 40.7% 35.2%
Median mortgage
repayments
$2,167 $2,274 $2,167 $1,993
Average number of
bedrooms per
dwelling
2.5 2.8 2.8 3.3
Works full-time 55.3% 54.3% 54.0% 57.0%
Worked part-time 32.1% 34.1% 33.4% 30.0%
Occupation – top
response
Professionals
(38.5%)
Professionals
(37.7%)
Professionals
(35.3%)
Professionals
(20.5%)
Industry of
employment – top
response
Hospitals
(6.0%)
Hospitals
(5.7%)
Hospitals
(5.2%)
Hospitals
(3.4%)
Industry of
employment – 2nd
top response
Higher
Education
Higher
Education
Higher
Education
Primary
Education
Works 40 hours or
more per week
45.5% 44.4% 43.4% 44.6%
Median weekly
income – personal
$817 $885 $778 $724
6.8 Based on the statistics listed above, the following observations and comments are
made:
6.8.1 The average age of the Locality’s resident population is older than the State
average.
6.8.2 Slightly more than 40% of the Locality are married.
6.8.3 The median mortgage repayment on houses in the Locality is nearly 15%
more than the State average, even though the average dwelling size in the
Locality is smaller than the State average. This is consistent with the
affluent status of the community.
6.8.4 The two most common employment industries for working residents in
Fremantle are the hospital sector and higher education. This is slightly
different to the State average, where the two most common employment
industries are the hospital sector and primary education services.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 30
6.8.5 The average working resident in the Locality is a full-time professional,
working at least eight hours per day and earning around 22% more than the
average worker in the State.
6.9 The above analysis indicates that the Locality is above average in terms of affluence
and social health. These statistics are also confirmed by the ABS socio-economic
index for areas (SEIFA) which has been used by the licensing authority as an
indicator of the social health of a given locality. The results of the SEIFA Index of
Relative Socio-economic Advantage and Disadvantage for the suburbs that make up
the Locality are provided below.26
Suburb SEIFA Decile (WA)
Fremantle 8
North Fremantle 10
East Fremantle 10
White Gum Valley 7
Beaconsfield 7
South Fremantle 9
Locality Average 8.5
6.10 The results establish that every suburb that makes up the Locality is well above the
State average (which is a score of 5). These findings indicate that the Locality is in a
positive state of social health.27
6.11 The City of Fremantle also records a very high SEIFA rating of 9 out of 10 indicating
that it is one of the most advantaged local government authorities in the State.
How will the proposed premises fit into the amenity?
6.12 The Kings Square Development has been described as “a game changer for
Fremantle”.28 The following extract from the Kings Square website describes the
positive affects the development will have on the amenity of the area.
26 https://www.abs.gov.au/AUSSTATS/[email protected]/DetailsPage/2033.0.55.0012016?OpenDocument Accessed 5 August 2019
27 Ibid
28 https://www.kingssquarefremantle.com Accessed 8 October 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 31
6.13 The following artist impressions show how the different elements of the Kings Square
development which will dramatically improve the amenity of the area.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 32
6.14 Specifically, FOMO Emporium will be entirely appropriate for the site chosen. The
new liquor store will be situated in the retail heart of the development and be
surrounded by offices, shops, cafes, beauty and wellness services and restaurants. It
will be a quality addition.
6.15 As illustrated below, 80% of participants in the applicant’s public survey said that they
consider FOMO Emporium will have a positive effect on the local amenity.29
29 DOC 20
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 33
Outlet density
6.16 As required by the PIA Policy, the applicant has identified all of the existing licensed
premises within the Locality. These are listed in the table below, based on the
licensing authority’s published records.30
No. Licence Type Premises Name Licensee Address
1 LIQ-Nightclub 189 That's Entertainment (WA)
Pty Ltd
189 High Street
FREMANTLE WA 6160
2 LIQ-Special
Facility Licence
Achievement Charters Pty
Ltd
Achievement Charters Pty
Ltd
Pen E7, The Boathouse
Marina, 16 Mews Road
FREMANTLE WA 6160
3 LIQ-Small Bar Alter Ego Social Affair Pty Ltd Shop1, The Mantle, 1 James
Street FREMANTLE WA
6160
4 LIQ-Producer's Anchor Brewing Co Australian Leisure &
Hospitality Group Pty Ltd
64 SOUTH TCE FREMANTLE
WA 6160
30 https://portal.rgl.wa.gov.au/forms/fr/search/findalicence/new (accessed 2 October 2019)
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 34
No. Licence Type Premises Name Licensee Address
5 LIQ-Special
Facility Licence
Astor CMV Overseas Holdings Ltd Fremantle Passenger
Terminal 1 Cliff Street
FREMANTLE WA 6160
6 LIQ-Tavern Australia Hotel Fremantle Kalmac Pty Ltd CORNER BEACH STREET
AND PARRY STREET
FREMANTLE WA 6160
7 LIQ-Tavern Bar Orient Fremantle Beverages Pty
Ltd
39 High Street FREMANTLE
WA 6160
8 LIQ-Special
Facility Licence
Bar Shanghai Fremantle Robert William Trevor and
Garry John Trevor
SHOP 10, 4-6 HENDERSON
STREET FREMANTLE WA
6160
9 LIQ-Tavern
Restricted
Bathers' Beach House Long Jetty Holdings Pty Ltd 47 Mews Road Fishing Boat
Harbour FREMANTLE WA
6160
10 LIQ-Small Bar Beerpourium Sierra Orenda Pty Ltd Level 1 13 South Terrace
FREMANTLE WA 6160
11 LIQ-Restaurant Bengal Indian Restaurant Goan M & M Pty Ltd Unit 5/95 Queen Victoria
Street FREMANTLE WA
6160
12 XSF-Special
Facility Licence -
1988 LL Act
Transitional
Benny's Bar & Cafe BB Investments (WA) Pty
Ltd
10-12 South Terrace
FREMANTLE WA 6160
13 LIQ-Restaurant Bread in Common Fremantle Woodfired
Bakery Pty Ltd
43 Pakenham St
FREMANTLE WA 6160
14 LIQ-Restaurant Breaks Fremantle Jane Louise Woolley 85 High St FREMANTLE WA
6160
15 LIQ-Restaurant Caffissimo At The
Maritime Museum
Philippine Express Pty Ltd 26 Peter Hughes Drive
FREMANTLE WA 6160
16 LIQ-Restaurant Canvas Cafe Loan Phi Doan and Triet
Minh Ly
1 Finnerty St FREMANTLE
WA 6160
17 LIQ-Club Chain Locker Club Inc Chain Locker Club Inc 76 Queen Victoria Street
FREMANTLE WA 6160
18 LIQ-Tavern
Restricted
Char Char Bull Luju Group Pty Ltd 44B Mews Rd FREMANTLE
WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 35
No. Licence Type Premises Name Licensee Address
19 LIQ-Tavern
Restricted
Cicerello's Carralong Nominees Pty Ltd Fremantle Fishing Boat
Harbour 44 Mews Road
FREMANTLE WA 6160
20 LIQ-Tavern Clancy's Fish Pub Alba Pty Ltd 51 Cantonment St
FREMANTLE WA 6160
21 LIQ-Special
Facility Licence
Collective Catering Co Collective Catering Co Pty
Ltd
4 Stack Street FREMANTLE
WA 6160
22 LIQ-Restaurant Crepe Street Yalling Pty Ltd 32 Market Street
FREMANTLE WA 6160
23 LIQ-Restaurant D'Angelo Cafe Salufrey Pty Ltd 7/177 High Street
FREMANTLE WA 6160
24 LIQ-Small Bar Darling Darling Wildblue Holdings Pty Ltd Unit 1/36 Henry Street
FREMANTLE WA 6160
25 LIQ-Tavern
Restricted
Dockside Fremantle Albarossa Pty Ltd 123 Beach St FREMANTLE
WA 6160
26 LIQ-Special
Facility Licence
Eagle Express Wadjemup Trading Pty Ltd "B" Shed Victoria Quay
FREMANTLE WA 6160
27 LIQ-Special
Facility Licence
Esplanade Hotel
Fremantle by Rydges
Fremantle Esplanade Hotel
Ltd
Cnr Marine Terrace and
Essex Street FREMANTLE
WA 6160
28 LIQ-Restaurant Express Lane Cafe Fastlane Holdings WA Pty
Ltd
Shop 1 'B' Shed Victoria
Quay FREMANTLE WA 6160
29 LIQ-Special
Facility Licence
Fremantle Arts Centre City of Fremantle 1 Finnerty St FREMANTLE
WA 6160
30 LIQ-Liquor Store Fremantle Bottle Shop Au Way Investment &
Development Pty Ltd
U 1 152 High St
FREMANTLE WA 6160
31 LIQ-Club Fremantle Bowling Club
Inc
Fremantle Bowling Club Inc 6 ELLEN ST FREMANTLE WA
6160
32 LIQ-Club Fremantle Buffalo Club
Inc
Fremantle Buffalo Club 54 HIGH ST FREMANTLE
WA 6160
33 LIQ-Club
Restricted
Fremantle District Cricket
Club Inc
Fremantle District Cricket
Club Inc
STEVENS RESERVE
SWANBOURNE ST
FREMANTLE WA 6160
34 LIQ-Club
Restricted
Fremantle Hockey Club
Inc
Fremantle Hockey Club Inc SWANBOURNE STREET
FREMANTLE WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 36
No. Licence Type Premises Name Licensee Address
35 LIQ-Club
Restricted
Fremantle Lawn Tennis
Club Inc
Fremantle Lawn Tennis
Club Inc
CNR ELLEN AND PARRY
STREETS FREMANTLE WA
6160
36 LIQ-Special
Facility Licence
Fremantle Public Golf
Course
Evergreen Golf Pty Ltd Lot 2118 (No. 20) Montreal
Street FREMANTLE WA
6160
37 LIQ-Club
Restricted
Fremantle Surf Life Saving
Club Inc
Fremantle Surf Life Saving
Club Inc
Port Beach Road Leighton
Beach FREMANTLE WA
6160
38 LIQ-Special
Facility Licence
Freo Harbour Bar The Port Bar (WA) Pty Ltd Victoria Quay Markets
Fremantle Harbour
FREMANTLE WA 6160
39 LIQ-Tavern Freo.Social Freo Social Hall Pty Ltd 1 Holdsworth Street
FREMANTLE WA 6160
40 LIQ-Restaurant Gesha Coffee Co Lanpa Pty Ltd 59A Queen Victoria Street
FREMANTLE WA 6160
41 LIQ-Restaurant Gino's Trattoria Gino's Cafe Pty Ltd 1-5 SOUTH TERRACE
FREMANTLE WA 6160
42 LIQ-Restaurant Grill'd Fremantle Yesjef Investments Pty Ltd 17 South Terrace
FREMANTLE WA 6160
43 LIQ-Restaurant Gypsy Tapas House Spicy Notes Pty Ltd Shop 2 & 3, 124 High Street
FREMANTLE WA 6160
44 LIQ-Restaurant Han's Cafe Fremantle H & B3 Roger Pty Ltd Unit 2/47 Mews Road
FREMANTLE WA 6160
45 LIQ-Small Bar Holy Smokes Fremantle Licensed To Ill Pty Ltd Unit 8/17-23 Collie Street
FREMANTLE WA 6160
46 LIQ-Hotel Hougoumont Hotel Red Rock Consolidated Pty
Ltd
7-15 Bannister St
FREMANTLE WA 6160
47 LIQ-Nightclub Hugos Club That's Entertainment (WA)
Pty Ltd
14 - 16 South Terrace
FREMANTLE WA 6160
48 LIQ-Restaurant Il Cibo Maximus Sam Pty Ltd 2 MARKET STREET
FREMANTLE WA 6160
49 LIQ-Club Italian Club Fremantle Inc Italian Club Fremantle Inc MARINE TCE FREMANTLE
WA 6160
50 LIQ-Restaurant Joe's Fish Shack Vanstar Holdings Pty Ltd 42 MEWS ROAD
FREMANTLE WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 37
No. Licence Type Premises Name Licensee Address
51 LIQ-Restaurant Joy Kitchen Wei Sheng Pty Ltd 72 MARINE TCE
FREMANTLE WA 6160
52 LIQ-Small Bar Jungle Bird Henry Hospitality Pty Ltd 59 High Street FREMANTLE
WA 6160
53 LIQ-Restaurant Kailis Fishmarket Cafe Kailis' Pty Ltd 46 Mews Road Fishing Boat
Harbour FREMANTLE WA
6160
54 LIQ-Restaurant La Sosta Stocco Holdings (WA) Pty
Ltd
Unit 2 Level 1 85 Market
Street FREMANTLE WA
6160
55 LIQ-Restaurant Lapa Brazilian Barbeque Lapa Fremantle Pty Ltd 96 High St FREMANTLE WA
6160
56 LIQ-Wholesaler's Leeuwin Estate Rural Developments Pty Ltd 18 HIGH STREET
FREMANTLE WA 6160
57 XSF-Special
Facility Licence -
Section 37
Interpretation Act
Lion-Beer, Spirits & Wine
Pty Ltd
Spirits & Wine Pty Ltd Lion-
Beer
Part-Lot 2023 Fremantle
Fishing Boat Har Mews
Road FREMANTLE WA 6160
58 LIQ-Wholesaler's Lionel Samson & Son Pty
Ltd
Lionel Samson & Son Pty
Ltd
31 CLIFF STREET
FREMANTLE WA 6160
59 LIQ-Small Bar Lions & Tigers Freo Cheeky Half Pty Ltd 8 Bannister Street
FREMANTLE WA 6160
60 LIQ-Liquor Store Liquorland Fremantle Liquorland (Australia) Pty
Ltd
17 CANTONMENT STREET
FREMANTLE WA 6160
61 LIQ-Special
Facility Licence
Luna on SX Palace Cinema Nominees
Pty Ltd & Luna Cinemas Pty
Ltd
16 Norfolk St FREMANTLE
WA 6160
62 LIQ-Restaurant Maharaja's Kitchen Sub Continental Foods Pty
Ltd
306 South Terrace
FREMANTLE WA 6160
63 LIQ-Restaurant Manuka Wood Fire
Kitchen
Kenneth McHardy & Jody
McHardy
Shops 6 and 7 128-134 High
St FREMANTLE WA 6160
64 LIQ-Restaurant Meet & Bun Fremantle Max Edmonton Pty Ltd Tenancy 7, 120 High Street
FREMANTLE WA 6160
65 LIQ-Restaurant Mexican Kitchen David Wayne Dodd 19 SOUTH TERRACE
FREMANTLE WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 38
No. Licence Type Premises Name Licensee Address
66 LIQ-Special
Facility Licence
Millennium Cinemas
Complex
Hoyts Multi-Plex Cinemas
Pty Ltd
27 Collie Street FREMANTLE
WA 6160
67 LIQ-Tavern
Restricted
Millennium Sports Bar GT Freo Nominees Pty Ltd Millennium Cinemas
Complex Fremantle, Shop
3, 25 Collie Street
FREMANTLE WA 6160
68 LIQ-Tavern Monk Craft Brewery
Kitchen
33 South Pty Ltd 33 South Terrace
FREMANTLE WA 6160
69 LIQ-Tavern Moondyne Joes Orebo Pty Ltd 73 Wray Avenue
FREMANTLE WA 6160
70 LIQ-Club Navy Club Inc Navy Club Inc 64 HIGH STREET
FREMANTLE WA 6160
71 LIQ-Tavern Newport Hotel Penny Point Investments
Pty Ltd
2 South Terrace
FREMANTLE WA 6160
72 LIQ-Hotel Norfolk Hotel Fremantle Gosatti Holdings Pty Ltd 47 South Terrace
FREMANTLE WA 6160
73 LIQ-Restaurant Nunzio's Oiznun Pty Ltd 20 Essex St FREMANTLE WA
6160
74 LIQ-Special
Facility Licence
Old Firestation
Backpackers
Bakpak Freo Pty Ltd 18 Phillimore St
FREMANTLE WA 6160
75 LIQ-Hotel Peninsula & Oriental
Hotel
University of Notre Dame -
Fremantle Campus
25 High St FREMANTLE WA
6160
76 LIQ-Restaurant Pizza Bella Roma Seatours Pty Ltd 14 South Terrace
FREMANTLE WA 6160
77 LIQ-Restaurant Port City Roasters In A Rush Roasting
Warehouse Pty Ltd
312 South Terrace
FREMANTLE WA 6160
78 LIQ-Restaurant Portorosa Cafe Starra Pty Ltd 85 Market Street
FREMANTLE WA 6160
79 LIQ-Tavern Republic of Fremantle ROF Hospitality Co Pty Ltd 3 Pakenham Street
FREMANTLE WA 6160
80 LIQ-Producer's Republic of Fremantle
Distilling
Republic of Fremantle
Distilling Co Pty Ltd
3 Pakenham Street
FREMANTLE WA 6160
81 LIQ-Restaurant Roma Cucina Adunn Pty Ltd 9-13 High St FREMANTLE
WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 39
No. Licence Type Premises Name Licensee Address
82 LIQ-Small Bar Ronnie Nights Market Street Social Club
Pty Ltd
75-77 Market Street
FREMANTLE WA 6160
83 LIQ-Tavern Sail & Anchor Tavern Australian Leisure &
Hospitality Group Pty Ltd
64 South Terrace
FREMANTLE WA 6160
84 LIQ-Restaurant Sala Thai Restaurant Norfolk Cottage Pty Ltd 22 Norfolk Street
FREMANTLE WA 6160
85 LIQ-Restaurant Sandrino Cafe Sandrino Cafe Pty Ltd 16 South Tce FREMANTLE
WA 6160
86 LIQ-Restaurant Saroor Restaurant SSS WA Group Pty Ltd 388 South Terrace
FREMANTLE WA 6959
87 LIQ-Special
Facility Licence
Sea Eagle III Wadjemup Trading Pty Ltd "B" Shed Victoria Quay
FREMANTLE WA 6160
88 LIQ-Special
Facility Licence
Sentosa Fishing Charters Valcam Pty Ltd PIER 21 FREMANTLE WA
6160
89 LIQ-Restaurant Soma Kitchen Soma Kitchen Pty Ltd 93 - 95 MARKET STREET
FREMANTLE WA 6160
90 LIQ-Club South Fremantle Football
Club
South Fremantle Football
Club Inc
FREMANTLE OVAL
FREMANTLE WA 6160
91 LIQ-Special
Facility Licence
Spirit of Love William Robert Edgar Fishing Boat Harbour 46
Mews Road FREMANTLE
WA 6959
92 LIQ-Special
Facility Licence
Starsand Promotional Traders Pty Ltd VESSEL "STARSAND"
FREMANTLE WA 6160
93 LIQ-Small Bar Strange Company Nan (WA) Pty Ltd 5 Nairn St FREMANTLE WA
6160
94 LIQ-Special
Facility Licence
Sundancer Backpackers
Resort
Urban Accommodation
Group Pty Ltd
80 High Street FREMANTLE
WA 6160
95 LIQ-Restaurant The Attic Cafe Treacle Group Pty Ltd Unit 1/16 Bannister Street
FREMANTLE WA 6160
96 LIQ-Hotel The Federal Boutique
Hotel
Prolog Investments Pty Ltd 23 William Street
FREMANTLE WA 6160
97 LIQ-Liquor Store The Freo Doctor Liquor
Store
Off The Shelf Pty Ltd 27 Arundel St FREMANTLE
WA 6160
98 LIQ-Tavern The Helm Fremantle Spirits & Wine Pty Ltd Lion-
Beer
Fishermans Harbour Mews
Road FREMANTLE WA 6160
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 40
No. Licence Type Premises Name Licensee Address
99 LIQ-Restaurant The Kiosk Fremantle Albarossa Pty Ltd 123 Beach St FREMANTLE
WA 6160
100 LIQ-Tavern The Local Hotel South
Fremantle
Thomac Holdings Pty Ltd 282 SOUTH TERRACE
FREMANTLE WA 6160
101 LIQ-Small Bar The Market Bar Paul David Abbott and
Michelle Leanne Abbott
Lot 4, 3-13 Essex Street
FREMANTLE WA 6160
102 LIQ-Restaurant The Meating Ground The Meatball Bar Fremantle
Pty Ltd
7 SOUTH TERRACE
FREMANTLE WA 6160
103 LIQ-Restaurant The Mill Bakehouse Cafe
on Norfolk
Grasher Pty Ltd 1/60 Marine Tce
FREMANTLE WA 6160
104 LIQ-Restaurant The Modern Eatery T & T Management Group
Pty Ltd
U 6 124 High St
FREMANTLE WA 6160
105 LIQ-Hotel The National Hotel Carnegies Realty Pty Ltd 98 High Street FREMANTLE
WA 6160
106 LIQ-Tavern
Restricted
The Old Synagogue The Old Synagogue Pty Ltd 92 South Terrace
FREMANTLE WA 6160
107 LIQ-Restaurant The Raw Kitchen The Raw Kitchen Pty Ltd 181 High St FREMANTLE
WA 6160
108 LIQ-Tavern Union Brewery &
Distillery Fremantle
Fremantle Distillery Pty Ltd 1 James Street FREMANTLE
WA 6160
109 LIQ-Restaurant Vin & Oli Lindal Pty Ltd Shop 1, The Piazza 26-36
South Terrace FREMANTLE
WA 6160
110 LIQ-Restaurant Vivisen Tea House Vivisen Pty Ltd 29 Adelaide St FREMANTLE
WA 6160
111 LIQ-Hotel Warders Hotel W1 Hospitality Pty Ltd 19 Henderson Street
FREMANTLE WA 6160
112 LIQ-Small Bar Whisper Wine Bar Thierry Philippe Rodari and
Helene Marie Rodari
1/15 Essex St FREMANTLE
WA 6160
113 LIQ-Small Bar Who's your Mumma Woods Hospitality Pty Ltd 7A / 142 South Terrace
FREMANTLE WA 6160
114 LIQ-Hotel Railway Hotel Maylat Pty Ltd 44 TYDEMAN RD NORTH
FREMANTLE WA 6159
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 41
No. Licence Type Premises Name Licensee Address
115 LIQ-Hotel Wilson’s Swan Hotel Maylat Pty Ltd 201 Queen Victoria Street
NORTH FREMANTLE WA
6159
116 LIQ-Special
Facility Licence
Northport Ferry Terminal Wadjemup Trading Pty Ltd 1 EMMA PLACE NORTH
FREMANTLE WA 6159
117 LIQ-Special
Facility Licence
MV Cygnus Perth Marine Charters Pty
Ltd
26 Rous Head Rd NORTH
FREMANTLE WA 6159
118 LIQ-Hotel Trade Winds Hotel
Fremantle
Garrett Hotels Pty Ltd 59 Canning Highway EAST
FREMANTLE WA 6158
119 LIQ-Tavern Sweetwater Rooftop Bar AVC Operations Pty Ltd Unit 116 Level 6 1 Silas
Street EAST FREMANTLE
WA 6158
120 LIQ-Liquor Store Liquor Barons George St
East Fremantle
Bluffpoint Pty Ltd 48 GEORGE ST EAST
FREMANTLE WA 6158
121 LIQ-Liquor Store Cellarbrations at East
Fremantle
Samatim Pty Ltd 79-83 Canning Highway
EAST FREMANTLE WA 6158
122 LIQ-Restaurant Salsa Rossa Lenrad Pty Ltd 77 GEORGE STREET EAST
FREMANTLE WA 6158
123 LIQ-Restaurant George Street Quarters Alimentum Pty Ltd 71-73 George Street EAST
FREMANTLE WA 6158
124 LIQ-Restaurant Cook & Mason Fourth Ward Pty Ltd 125 George St EAST
FREMANTLE WA 6158
125 LIQ-Small Bar Young George The Wine Store and Wine
Liaisons Pty Ltd
48 George St EAST
FREMANTLE WA 6158
126 LIQ-Tavern
Restricted
Duke of George Starblade Corporation Pty
Ltd
135 George Street EAST
FREMANTLE WA 6158
127 LIQ-Club Fremantle Sailing Club Inc Fremantle Sailing Club Inc Marine Terrace SOUTH
FREMANTLE WA 6162
128 LIQ-Restaurant Copper Chimney Indian Kings Pty Ltd Shop 1, 330 South Terrace
SOUTH FREMANTLE WA
6162
129 LIQ-Restaurant Ruocco's Pizzeria E
Restaurant
Alafollie Pty Ltd 215 SOUTH TERRACE
SOUTH FREMANTLE WA
6162
130 LIQ-Restaurant Little Lefroy's King Jones Pty Ltd 310 South Tce SOUTH
FREMANTLE WA 6162
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 42
No. Licence Type Premises Name Licensee Address
131 LIQ-Nightclub Metropolis Fremantle Strathalbyn West Perth Pty
Ltd
58 South Terrace SOUTH
FREMANTLE WA 6162
132 LIQ-Wholesaler's Sealanes Sealanes 1985 Pty Ltd 178 Marine Terrace SOUTH
FREMANTLE WA 6162
133 LIQ-Small Bar Percy Flint Curtin Avenue Pty Ltd 211 South Tce SOUTH
FREMANTLE WA 6162
134 LIQ-Tavern Running With Thieves Atari Enterprises Trading
Company Pty Ltd
Warehouse 3, 218 Marine
Terrace SOUTH FREMANTLE
WA 6162
6.17 Relevantly, a clear majority of respondents to the online questionnaire are of the view
that:
6.17.1 There is insufficient diversity in packaged liquor services in Fremantle;
6.17.2 The existing take-away liquor services in Fremantle and the surrounding
area are unsatisfactory; and
6.17.3 Their requirements for unique, independent, hand selected liquor products
are not currently being met by the existing packaged liquor outlets in and
around Fremantle.
6.18 This is evident from the graphs below.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 43
6.19 The considerable growth and development planned in the area and the local council’s
goals of creating a premium hospitality precinct are key factors which easily warrant
additional and varied services. The area requires a greater density of outlets.
6.20 Responses by the public to the survey are evidence that FOMO Emporium will be
likely to be well patronised and provide a much needed new packaged liquor facility in
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 44
the Locality. The following graph31 illustrates the respondents’ attitudes towards the
various services aspects of the business.
6.21 Clearly, FOMO Emporium will be entirely unique and will not duplicate anything
already offered in the area. The local community stands to benefit from the new
services and facilities that FOMO Emporium will introduce. The evidence can be said
to support the proposition that it is entirely in the public interest that the liquor store
licence be granted, as is thoroughly addressed in the accompanying detailed Legal
Submissions (DOC 15).
31 Refer to DOC 20
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 45
Consultation
6.22 Given the nature of the Kings Square development, a significant amount of
consultation has been undertaken by the City and the developer.
6.23 As is evident from the letter of support provided by the City of Fremantle, the local
government is clearly in favour of the grant of the licence.32
The proposed features are considered to be positive from the perspective of the
City. The proposal is consistent with City’s broad objectives and will bring many
benefits to the local community in terms of amenity, liveability and tourism.
6.24 As mentioned earlier, the public was consulted through an online questionnaire where
feedback was sought as to the proposal. The responses to the online questionnaires
(DOC 20) reveal that the public is overwhelmingly in favour of the FOMO Emporium
proposal.
6.25 Furthermore, the applicant arranged a site visit with representatives of the Chief
Health Officer, the Liquor Enforcement Unit and the Fremantle Police Station. The
comments and suggestions from those representatives have been incorporated into
this proposal.
7 Offence, annoyance, disturbance or inconvenience – section
38(4)(c)
7.1 The director of the applicant has carefully considered “the impact that may be caused
to people who reside or work in the vicinity of the licensed premises”.33 Relevantly,
the premises will be located within the Kings Square retail precinct and will not
therefore be located in close proximity to any residential premises.
7.2 It is recognised that any licensed facility has the potential to cause some offence,
annoyance, disturbance and inconvenience. However, it is not considered that there
are any high risk factors associated with this application.
7.3 FOMO Emporium will be operated and managed to a very high standard. The
applicant director is committed to running the new venue harmoniously with
neighbouring residents and businesses.
7.4 Nonetheless, it is appropriate to repeat here that the applicant proposes the following
strategies to reduce the risk of offence, annoyance, disturbance or inconvenience
occurring:
7.4.1 Advanced CCTV surveillance technology will operate throughout the
premises.
32 DOC 23.1
33 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 46
7.4.2 Staff will be well-trained by the experienced owners in the responsible
service of liquor, including monitoring patron behaviour. Their training will
be refreshed.
7.4.3 At least one unrestricted approved manager will be at the premises at all
times during trading hours.
7.5 The high standard of the physical premises as well as the service offered will
command an equally high standard of patron behaviour.
7.6 The applicant intends for the venue to become an integral part of the community.
This aim cannot be achieved if the venue causes offence, annoyance, disturbance or
inconvenience to nearby residents and businesses. Given many of the locals
residing, working and visiting the area are likely to be a regular source of patronage
for the business, it is entirely in the applicant’s best interest to ensure they are not
troubled or burdened by FOMO Emporium operating with a liquor store licence.
7.7 It is relevant to note that there are virtually no nearby residential premises or sites that
adjoin the premises. The vast majority of nearby buildings are occupied by
commercial businesses and public premises.
7.8 The members of the public are certainly of the view that FOMO Emporium will not
cause any negative issues as regards to offence, annoyance, disturbance or
inconvenience. 87% of respondents to the online questionnaire expressed this view
as is evident from the graph below.34
34 Refer to DOC 20
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 47
8 Other matters
Security and safety
8.1 Matters of safety and security at FOMO Emporium are comprehensively addressed.
8.2 Crime prevention through environmental design35, as contemplated in the PIA Policy,
will be implemented by the applicant at the premises by way of the following:
8.2.1 Maximising the risk to offenders and the amount of effort to commit crime
by installing appropriate perimeter lighting and CCTV cameras.
8.2.2 Minimising the actual or perceived benefits of crime by advertising the fact
that no cash will be left on the premises.
8.2.3 Ensuring the premises is securely locked at night.
8.2.4 Ensuring the premises is well-lit and well-labelled.
8.2.5 Designing a layout that will facilitate good visual surveillance for staff.
8.3 Relevantly, the premises will be centrally located within the FOMO precinct, meaning
would-be offenders would need to walk through the precinct (under the surveillance of
CCTV) to reach the premises and then travel back through the precinct (once again
under the surveillance of CCTV) in order to exit.
8.4 Furthermore, there is to be only one entry and exit point with the cash registers to be
located near the exit, not at the rear of the store. This would require any would-be
thief to walk past the staff with any products before exiting the store.
Harm minimisation
8.5 Carefully prepared Harm Minimisation Policy documents (DOC 14) have been
developed to address the licensing authority’s Harm Minimisation Policy as well as
additional related matters.
8.6 The applicant is acutely aware of the need to minimise the potential harmful effects
from the liquor services proposed at FOMO Emporium.
8.7 The applicant has devised a number of harm minimisation measures, as referred to
earlier in this PIA, which will serve to mitigate risks.
8.8 Every effort will be made by the applicant to conduct business under the new liquor
store licence in a manner that minimises the potential for harm or ill-health to occur as
a result of operating as proposed.
8.9 Staff at FOMO Emporium will be very well trained on all facets of the business and
particularly in matters of harm minimisation and compliance with all relevant laws.
35 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 48
They will also be trained on matters of occupational health and safety and customer
service.
8.10 Strict policies apply in respect of juveniles. No liquor is sold or supplied to juveniles or
anyone who is suspected of trying to obtain liquor for a juvenile. The applicant has a
strict policy of refusing entry to anyone who cannot prove their adult age with
satisfactory identification.
9 Tourism, community or cultural matters – section 38(4)(ca)
9.1 FOMO Emporium, once licensed, will generate considerable community and cultural
benefits by making available unique products from boutique producers to consumers.
It will also offer educational and wine tasting sessions which will greatly assist to
inform patrons about the origins of the liquor. A greater appreciation of the production
process will help to change drinking attitudes and promote cultural change consistent
with the objectives of the Act.
9.2 People of all ages and backgrounds will be able to enjoy a passive, comfortable,
upmarket venue in which to purchase packaged liquor.
9.3 The new business will generate many and varied employment opportunities for
people wanting to work in the hospitality industry or just locally.
9.4 More broadly, the Kings Square development is set to have an enormously positive
impact on Fremantle as is evident from the below.36
36 https://www.kingssquarefremantle.com/ Accessed 5 August 2019
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 49
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 50
9.5 It is difficult to understate the importance of this project to the City of Fremantle and
the benefits that it is set to deliver. This is a view firmly echoed by Simone McGurk,
the State Member for Fremantle, when she stated as follows in her letter supporting
the liquor licence applications:37
The importance of the Kings Square development, of which FOMO is a crucial
element, cannot be overstated.
9.6 The project is set to rejuvenate and reactivate Fremantle as is explained in the Perth
Now news article entitled “$270m plan to finally rejuvenate Fremantle includes food
and retail precinct FOMO Freo”:38
Fremantle mayor Brad Pettitt views the project as the catalyst that will turn around
the fortunes of the City’s flagging retail sector.
“At the heart of the challenges Fremantle has faced over the last couple of decades
is we have become a three-day-a-week economy,” he said.
“You can’t run a city on three days a week and bringing all these office workers
back in repositions Fremantle as a proper activity centre and not just a great
weekend entertainment precinct.”
Fremantle Chamber of Commerce chief executive Olwyn Williams said the city’s
low residential density and close to static meant boosting the local workforce and
enticing more visitors was critical for the local economy.
“The centre of Fremantle’s CBD has been lack lustre for decades and some sparkle
is long overdue,” she said.
“Getting 1500 new workers into the CBD begins the push for the Fremantle CBD to
reclaim a seven-day-a-week economy. Just having a construction workforce in the
immediate precinct has increased the potential market for food and beverage
outlets.”
9.7 In terms of tourism, the Kings Square development will breath new life into the centre
of Fremantle and will be a must see attraction for those people visiting the port city.
Fremantle is one of Western Australia’s most important tourist destinations and was
recognised as a top ten city in the world in Lonely planet’s “Best Travel” in 2016.39
Fremantle was the only Australian city to make the top ten and according to Traveller,
Lonely Planet said as follows:40
The Western Australian city "thrums" into seventh spot on the list "with live-music
rooms, hipster bars, boutique hotels, left-field bookshops, craft-beer breweries,
37 DOC 23.2
38 DOC 31
39 http://www.traveller.com.au/lonely-planet-best-in-travel-2016-australia-named-among-top-destinations-to-visit-next-year-
gkk3he Accessed 23 August 2019
40 Ibid
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 51
Indian Ocean seafood shacks, buskers, beaches and students on the run from the
books'', Lonely Planet says.
The city was noted for having undergone "a process of reinvention" that investment
in the arts, the establishment of Notre Dame University and development along the
city's waterfront at the fore. "In 2016, Freo is bearing the fruits of this process, with
thriving urban culture and a string of awesome arts events celebrating the city's
essence," Lonely Planet said.
9.8 Fremantle’s position as a premier Western Australian tourist destination is confirmed
by the following statistics published by Tourism WA in its City of Fremantle Visitor
Factsheet.41
9.9 Tourism continues to be a significant economic driver for Fremantle and the City has
launched a new brand visual identity to coincide with the Kings Square project as set
explained below:42
41 DOC 29
42 DOC 32 - New Destination Brand Launched for Fremantle Western Australia
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 52
Fremantle Mayor Brad Pettitt said the launch of Fremantle’s new brand and visual
identity comes during a time of unprecedented renewal in the city, with the
impending completion of the $270 million Kings Square Renewal project and
significant investment into hotels, hospitality and entertainment.
“Fremantle is currently undergoing a once-in-a-generation transformation thanks to
a huge level of public and private investment,” Mayor Pettitt said.
“The Kings Square redevelopment will see new shopping, dining and entertainment
options come on line by the end of 2019, which will add to our already vibrant and
diverse city centre.”
The chair of the City’s Destination Marketing Working Group, Linda Wayman, said
the new brand was a bold and contemporary stake in the ground that echoed the
spirit, soul and intimate connection to the sea that Fremantle is famous for.
“Fremantle has a reputation for its artistic, creative and laid back nature,” Ms
Wayman said.
“However we wanted to capture the sophistication and polish that now exists within
our City’s high-end boutique retail, fine dining, craft beer and hospitality scene.”
Fremantle was recognised as a top ten city in the world in Lonely Planet’s “Best in
Travel” in 2016. In 2017, Fremantle was ranked Perth’s most popular
entertainment precinct in a study carried out by Tourism Western Australia.
Fremantle boasts some of Western Australia’s most significant and visited tourism
attractions, including the UNESCO World Heritage Listed Fremantle Prison,
Fremantle Markets, Western Australian Maritime Museum and popular precincts
such as the award-winning Fishing Boat harbour, Cappuccino Strip and historic
West End.
9.10 The development of the FOMO precinct and the granting of this liquor licence will
ensure that Fremantle continues to be a pre-eminent tourist destination in Western
Australia and one that adequately caters for the requirements of consumers for liquor.
9.11 Tourism plays a key role in the City of Fremantle as is clear from the following
statement contained within Fremantle’s Economic Development Strategy 2015 -
202043:
In the year ending 2013, Fremantle was the most visited destination in Western
Australia outside of the Perth CBD receiving 1.26 million tourist visitors in that year.
In the same year, tourism and hospitality industries were responsible for the direct
employment of 3 673 people and sales of $373.8 million. These industries continue
to grow with an addition of 403 jobs to the economy and increase in sales (output)
of $34.5 million between 2012 and 2013.
Fremantle offers several core destination zones within its CBD, exposing visitors to
a range of different yet integrated experiences with one visit. Its rich heritage, with
some buildings dating back to the earliest days of the Swan River Colony provides
43 DOC 30 p21
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 53
the backdrop for Fremantle’s strong tourism industry and associated
accommodation and hospitality services.
Key destinations within Fremantle have built its popularity with national and
international visitors over the past 35 years, confirming their critical roles as key
economic anchors within the community.
9.12 The proposal offers great convenience for those people attending the FOMO retail
and dining precinct, whether that is office workers picking up something to drink later
that night, local residents coming in to do their weekly shopping or tourists visiting
Fremantle who will be able to pick up a uniquely Western Australian product without
necessarily having to visit the winery.
9.13 Relevantly, the Kings Square development is destined to become the beating heart of
Fremantle as it will be the civic, retail and commercial centre of the Fremantle CBD.
Providing adequate licensed services that cater to the requirements of consumers is
vitally important if the Kings Square development is to achieve its stated aim.
9.14 From a tourism perspective, the Kings Square development is enormously important
to Fremantle. It is transforming the old Myer site that was left vacant into a
contemporary space that will be an attraction for tourists visiting Fremantle, whether it
is a day trip from a passenger on a cruise, a weekend stay from an interstate traveller
or an extended visit by an international tourist. FOMO Emporium will cater to the
requirements of tourists by providing a wide range of packaged liquor options from
boutique and artisanal producers. Providing a packaged liquor service in connection
with the retail offering is a contemporary expectation of tourists.
9.15 Importantly, the FOMO development and the accompanying liquor licence
applications are supported by Tourism WA. The following comments from Tourism
WA are highly relevant to the licensing authority’s consideration as to the potential
benefits that will flow from the granting of the liquor licence applications (emphasis
added):44
Research conducted by Tourism WA in 2017 identified Fremantle as the highest-
rated entertainment precinct overall and most enjoyable precinct to visit, across all
age groups'. Being able to offer a good range of suitable venues and a mix of
activities is one of the key drivers of high visitation. The proposed venues will
appeal to a cross-section of the community and visitors.
…
Fremantle is recognised as one of the best-preserved Victorian-era port cities in the
world and famed for its rich cultural heritage, Iively entertainment, maritime links
and alfresco Iifestyle. In 2017-18, the cruise industry's economic impact in WA was
valued at $275.9 million and of the 115 cruise ship visits to Western Australia, with
43 of those docked at Fremantle'. Research with cruise passengers indicated
that providing a Iarger range of food and shopping options was an area of
improvement for all port locations, including Fremantle.
44 DOC 23.3
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 54
9.16 As referred to earlier on in this PIA, the City of Fremantle has invested significantly in
this project. It is entirely appropriate that new business opportunities, such as the
independent liquor store proposed by FOMO Emporium, be supported and
encouraged to help ensure that the City continues to evolve as a modern city,
comparable with other well known tourist destinations around the world.
9.17 As is evident from the response to the online questionnaire, the public firmly believes
that the grant of the FOMO Emporium licence will have a positive affect on the
tourism industry in Fremantle (DOC 20).
9.18 The FOMO Emporium proposal is consistent with promoting a modern, liveable and
diverse community.
10 Conclusion
10.1 This document thoroughly addresses the PIA Policy with specific reference to the
application.
10.2 The applicant has provided a detailed proposal including all of the necessary
formalities as well as a large volume of very positive evidence from various sections
of the community.
10.3 This PIA deals with all factors relevant to the public interest. Careful consideration
has clearly been given to all public interest factors. As required, the applicant has
identified the relevant “at risk” groups and also both positive and negative points
associated with the proposal.
10.4 The large number of very positive public interest factors in this case far outweigh the
few negatives which, in any event, have been addressed by the applicant in the
proposal.
Public Interest Assessment
FOMO Emporium
3472-4189-4413_1163572, v.2 © Lavan 2019 55
10.5 Given all relevant considerations the application is not complicated in any way and
should not attract any controversy.
10.6 There is a notable volume of other supporting material in respect of the application.
10.7 Further aspects of the public interest and the legal issues associated with the
application are addressed in the applicant’s Legal Submissions (DOC 15).
Dated 17 October 2019
________________________________
Lavan
Lawyers for the applicant Reference: Alec Weston
T: (08) 9288 6873
www.lavan.com.au