11:45 (Nightclub) 11 Forty-five Pty Ltd

Public Interest Assessment

Application for conditional grant of a Nightclub Licence

Address: 853 Hay St, Perth WA 6000 Premise proposed name: 11:45 (Eleven Forty-five) Applicant: 11 Forty-Five Pty Ltd Prepared by 11 Forty-five Pty Ltd Date: March 2021 We pay our respect to the Wadjuk people of the Noongar nation, their elders, past, present,

and emerging.

Public Interest ‘an interest in common to the public at large or a significant portion of the public and which may or may not involve the personal or propriety rights of individual people’. The public interest provisions enable the licensing authority to consider a broad range of issues specific to each licence or permit application, and flexibility exists to assess each individual application on its merits.’

Declaration The applicant declares that the contents of this document and attachments are true, correct and complete and that the applicant has made all reasonable inquiries to obtain the information required. I acknowledge under section 159 of the Liquor Control Act 1988 and it is an offence to provide false, misleading or incomplete information in this document. ___________________ __________________ Signature of applicant Date

Contents Declaration ............................................................................................................................................................... 2

Introduction ................................................................................................................................................................. 1

Stage 1 .................................................................................................................................................................. 1

Stage 2 .................................................................................................................................................................. 2

Hours of Trade ......................................................................................................................................................... 2

1. Stage 1 .................................................................................................................................................................. 4

Legislative Provisions ............................................................................................................................................... 4

2. Section 5 ........................................................................................................................................................... 4

3. Addressing the objectives ................................................................................................................................ 8

4. Local Packaged Liquor Requirements Section 36B .......................................................................................... 8

Section 38(2) – Public Interest ..................................................................................................................................... 9

5. Why is the grant of a licence in the public interest and how will it benefit the community? ......................... 9

Section 38(4) .............................................................................................................................................................. 10

6. Supporting evidence ...................................................................................................................................... 10

7. Locality ........................................................................................................................................................... 10

8. Venue ............................................................................................................................................................. 11

Manner of trade ..................................................................................................................................................... 13

11. Section 42 of the Act Entertainment and live music performances .......................................................... 17

12. Music in Western Australia .................................................................................................................... 18

18. What is the target client base? .................................................................................................................. 21

19. Survey ..................................................................................................................................................... 22

19.4 Survey Results ........................................................................................................................................ 22

20. Will the premises be distinguished by any theme or décor? ................................................................. 26

21. Section 39 Certificate (Local Government Approval) & Section 40 Certificate (Local Planning Approval)/

Development Approval .......................................................................................................................................... 27

22. Vicinity ........................................................................................................................................................ 27

23. Other venues .............................................................................................................................................. 32

24. How Eleven Forty-five will compare .......................................................................................................... 36

25. Harm of ill Health - Section 38(4)(a) .......................................................................................................... 44

List any ‘at risk’ groups or sub-communities within the locality, travelling through the locality or resorting to

the locality? ........................................................................................................................................................ 44

26. What are the social health indicators for the locality? .......................................................................... 45

27. What are the proposed strategies the applicant will implement to minimise harm or ill health? ....... 55

28. Impact on amenity – Section 38(4)(b) ........................................................................................................... 57

500m from venue location ................................................................................................................................. 57

501m – 2 kilometres .......................................................................................................................................... 58

29. How will the proposed premises integrate with the amenity of the locality (both positively and

negatively)? ............................................................................................................................................................ 59

Negatively .......................................................................................................................................................... 59

Positively ............................................................................................................................................................ 60

Tourism, community or cultural matters – Section 38(4)(ca) .................................................................................... 62

What will the positive recreational, cultural, employment or tourism benefits for the community? .................. 62

30. Tourism .................................................................................................................................................. 62

31. Employment ........................................................................................................................................... 64

32. Cultural benefit ...................................................................................................................................... 65

33. Economic benefit ................................................................................................................................... 66

34. Recreational ........................................................................................................................................... 67

35. What consultation with local government regarding the proposed premises has been taken into account

in establishing a business plan? ............................................................................................................................. 67

36. If you intend to sell packaged liquor, provide the name and address of all existing licensed premises

within the locality? ................................................................................................................................................. 67

37. If you do not intend to sell packaged liquor, provide the name and address of all existing licensed

premises within 500 meters of your premises?..................................................................................................... 68

38. What are the public transport facilities (Including taxi services) that would be available to patrons, or

any other transport facilities proposed to be provided by the applicant for patrons? ......................................... 68

38.2 Parking .................................................................................................................................................... 68

38.3 Taxi’s ....................................................................................................................................................... 68

38.4 Train and bus stations ............................................................................................................................ 68

39. What publicly available parking facilities exist in the locality? .................................................................. 69

40. What is the contribution of the proposed premises to the streetscape and the atmosphere of the area?

69

41. What is the potential impact of the proposed premises on the level of noise, anti-social activities in the

locality, and the management strategies to minimise the impact? ...................................................................... 70

42. What is the potential impact on the proposed premises on vandalism, litter, criminal acts? .................. 71

Offence, annoyance, disturbance or inconvenience – section 38(4)(c) .................................................................... 72

43. Identify the strategies you intend to implement to address potential offence, disturbance or

inconvenience to residents or business operators. ............................................................................................... 72

Residents ............................................................................................................................................................ 72

Business operators ............................................................................................................................................. 72

Complaints management ................................................................................................................................... 73

Noise Management ............................................................................................................................................ 74

44. Risk Profile .................................................................................................................................................. 75

45. Stage 2 ............................................................................................................................................................ 78

Section 5 ................................................................................................................................................................. 78

46. Cater for the requirements of consumers for liquor and related services, with regard to proper

development of the liquor industry, the tourism industry and other hospitality industries in the state. ............ 78

47. Facilitate the use and development of licensed facilities, including their use and development for the

performance of live original music, reflecting the diversity of the requirements of consumers in the State; ..... 79

48. Provide adequate controls over, and over the persons directly or indirectly involved in, the sale,

disposal and consumption of liquor. .................................................................................................................. 80

Section 38(2) – Public Interest ................................................................................................................................... 83

49. Why is the grant of a licence in the public interest and how will it benefit the community? ................... 83

Venue ................................................................................................................................................................. 83

Manner of Trade ........................................................................................................................................................ 85

50. What facilities and services will be provided by the proposed premises? ................................................ 85

51. What is the proposed manner of trade? ................................................................................................... 86

Live music ........................................................................................................................................................... 86

Provision of food ................................................................................................................................................ 86

Events space ....................................................................................................................................................... 86

Responsible service of alcohol ........................................................................................................................... 86

Hours of operation ............................................................................................................................................. 87

Security............................................................................................................................................................... 87

52. Will the premises be distinguished by any theme or décor? ..................................................................... 87

Fit out ................................................................................................................................................................. 87

53. What is the potential impact of the proposed premises on the level of noise, antisocial activities in the

locality and the management strategies to minimise impact? .............................................................................. 88

Offence, annoyance, disturbance, or inconvenience – Section 38(4)(c) ................................................................... 90

54. Identify the strategies you intend to implement to address potential offence, disturbance or

inconvenience to residents or business operators. ............................................................................................... 90

Residents ............................................................................................................................................................ 90

Business owners ................................................................................................................................................. 90

55. Community Consultation ............................................................................................................................... 91

55.1 Schools and Educational institutes ........................................................................................................ 91

55.2 Hospitals, hospices, aged care facilities ................................................................................................. 91

55.3 Churches / places of worship ................................................................................................................. 91

55.4 Drug and alcohol treatment centres ...................................................................................................... 92

55.5 Short term accommodation or refuges for young people ..................................................................... 92

55.6 Childcare centres .................................................................................................................................... 92

55.7 Local Government Authority .............................................................................................................. 92

55.8 Police Stations ........................................................................................................................................ 92

55.9 Regional Office of the Department of Indigenous Affairs...................................................................... 92

55.10 Who will be consulted? ................................................................................................................................ 92

Conclusion .................................................................................................................................................................. 93

Appendices ................................................................................................................................................................. 94

This page was intentionally left blank

1

Introduction 11 Forty-five Pty Ltd (the applicant) are seeking approval from the Director of Liquor Licensing for the conditional grant of a Nightclub licence at 853 Hay St, Perth. The Director of 11 Forty-five Pty Ltd initially began the process of this application under Corona Del Mar Holdings Pty Ltd, but on advice, has registered a company separately for the operation of the nightclub and any future share holdings. This is why some documents created early in the development of this application process and Public Interest Assessment contain documents with this company name. Conditions of the grant as proposed by the applicant include the ability to complete the Nightclub in two stages. In stage one, the ground floor of the venue will be completed, allowing the venue to trade as a Nightclub. Stage two will commence within 12 months of opening and will involve the development of the first floor. 853 Hay St has been vacant for approximately five years and the introduction of a club such as Eleven Forty-five will be pivotal in changing the view of visitors and locals alike that Perth is dull and has no nightlife. Heavily tech focused, it will provide state of the art facilities and technology that will make the clubbing experience in the venue easy and enjoyable. Designed for those with more sophisticated tastes, this will be unlike any other nightclub throughout Western Australia, will cater to those who desire enjoyment, excitement and entertainment over excessive drinking, the venue will be designed to wow. Likely to have the highest building standards of any other existing Nightclub in Perth, the applicant is looking to introduce services that are not available in Perth, including a separately serviced VIP area, featured lighting and furniture to ensure that all patrons can enjoy an international nightclub experience. Technology and examples are contained within this document and the attached appendices submitted as part of this application. As stated above, the applicant is seeking a conditional grant of the licence, where the operations of the Nightclub can commence once the fit out and compliance works are completed on the ground floor.

Stage 1 The first stage will involve a full renovation of the ground floor and the opening of a fully functional Nightclub. The development will include the addition of: • Installation of a grease trap and other services not currently available in the building. • Ablution services, including those for mobility impaired patrons. • A fully functioning kitchen, available for use within the venue. • Safety requirements including fire and smoke detection, proper exit creation and

remedial works. • Replacement of air-conditioning, plant, and electrical services. • Construction of a raised VIP area, a DJ booth and bar area, big enough to service its

patrons.

2

• Construction of the front entrance, to create a noise vacuum between the front door and the internal entry of the club, so to minimise impact on amenity.

• Installation of a lift that connects the ground floor to the raised VIP area and the first-floor facilities, enabling disability access and future access to the first floor.

• Installation of sound attenuation to mitigate the impact on building and surrounding businesses.

• Installation of all sound and lighting It is envisaged that upon completion of stage work can commence on stage two.

Stage 2 The second stage of the premise’s development will include the construction of the rooftop bar area, which includes removing and extending the first-floor enclosed area. The roof is constructed with cement and lends itself perfectly to a rooftop bar. The applicant acknowledges that having a rooftop bar in an inner suburban location is likely to cause disturbance and this is addressed in the information specifically related to the management of this section of the development in from Section 45 onwards below. Consideration is currently being given to a glass house to enclose the rooftop section, that allows for airflow and sunlight, but blocks noise causing detriment to the surrounding area. It is proposed that stage two construction be commenced within twelve months of trading of the ground floor section of the club. First floor construction will include: • Redevelopment of existing ablution facilities on the level. • Removal of the wall to open the roof space. • Installation of services required to provide amenity to the area, including electricity

and plumbing. • Installation of compliant safety exits, railings, and structures.

Hours of Trade Nightclub hours of trade as permitted under section 42 of the Liquor Control Act 1988 are as follows: A nightclub licence is subject to the condition that liquor may only be sold ancillary to continuous live entertainment provided by one or more artists in person performing there, or by way of recorded music presented by a DJ.

3

1 The applicant intends to submit an Extension Trading Permit (ETP) to make full use of the rooftop bar and all requirements for this ETP are outline in the attached Appendix 16 – Public Interest Assessment – Extended Trading Hours Permit. As a result, the applicant has for the sake of the application maintained the provided nightclub trading hours above.

1 https://www.dlgsc.wa.gov.au/racing-gaming-and-liquor/liquor/liquor-licensing/license-types-and-trading-hours#nightclub

4

1. Stage 1

Legislative Provisions The Liquor Control Act 19882 (‘the Act’), outlines the requirements for approval and authorisation of licenses and licensees on approval by the Director of Liquor Licensing. It outlines the regulation of the sale, supply and consumption of liquor in Western Australia. Section 42. of the Liquor Control Act 1988 defines the following: 42. Nightclub licence, effect and conditions of

(1) Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises, for consumption on the licensed premises only, ancillary to continuous entertainment provided live by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the licensee to do so.

(2) For the purpose of determining whether or not entertainment is continuous, no account shall

be taken of reasonable intervals between acts, or between the performances of artists, so long as substantial compliance with the requirement for continuity is observed.

(3) Every nightclub licence is subject to the condition that liquor shall not be permitted to be

consumed on the licensed premises except at a time when live entertainment is being provided there and liquor may be lawfully sold under the licence unless an extended trading permit applies.

43. Nightclub licence, pre-requisites for grant of An applicant for the grant of a nightclub licence must satisfy the licensing authority that the premises in respect of which the licence is sought —

(a) are so constructed as to enable entertainment of a kind referred to in section 42 to be provided there; and

(b) are suitable, having regard to any condition imposed as to the nature or extent of the entertainment required to be provided.

2. Section 5 The primary objectives of the Act are defined in section 5(1) to: Regulate the sale, supply, and consumption of liquor;

2.1 The applicant will:

• ensure that all staff are aware of and regularly update their harm minimisation policy attached in Appendix 01, House Management – Code of Conduct – Harm Minimisation Policy.

• ensure adherence to the Responsible service of alcohol in the sale and supply of alcohol to all patrons, and that all staff hold valid certificates and are fully trained on employment and that the training is reviewed and redelivered as required on a regular basis.

• Maintain a strict RSA register, including holding copies of all Managers and service staff RSA’s on the premises per the DLGSC, Liquor Licensing divisions requirements under the Liquor Control Act 1988.

2 https://www.dlgsc.wa.gov.au/docs/default-source/racing-gaming-and-liquor/liquor/liquor-control-act-1988-a-

guide-for-local-government.pdf?sfvrsn=beeea648_1

5

• Ensure all managers hold a Manage Licensed Premises certificate/ card and that these are also recorded with their RSA in the same register mentioned above.

• Patrons will be required to register into the premises, including ID checks and scanning through an approved and appropriate system such as Scantek/ PatronID or GreenID that also provides adequate privacy protections of patrons.

• Ensure physical security is employed to monitor the entry of patrons, while ID is presented, and scanning is undertaken and to monitor behaviour of patrons and maintain their safety.

• Ensure digital security is installed throughout the internal and exterior of the building to ensure safety of all patrons and the premises, to prevent harm or damage.

• Put in sufficient measures and signage to warn of potential dangers, including trip hazards, effects of light pulsating on some patrons.

• Provide water freely to all patrons through service periods. • Provide training for staff on the reasonable steps to take to provide responsible

service of alcohol within the venue, including for those that may be refused service and how to deal with difficult customers.

2.2 Minimise harm, or ill-health caused to people, or any group of people due to the

use of liquor; The Applicant has experience in the responsible service of alcohol and is fully aware of the impact and potential harm caused by alcohol, particularly when combined with recreational drugs and the behavioural patterns of people who are under the influence of one or both substances.

• The applicant in line with the venue code of conduct (Attached Appendix 01, House management – Code of Conduct – Harm Minimisation Policy) will not permit unruly and antisocial behaviour and this will be outlined to all patrons on entry, by signage placed at the entrance.

• All staff will be advised and trained sufficiently in the appropriate measures in dealing with people who attend the premises that are potentially already heavily intoxicated or under the influence, particularly those causing disruption and displaying threatening behaviour to other customers and staff.

• Food will be provided and be available to all patrons during service. • Water will be available at all times to all customers and be provided to customers

who appear intoxicated beyond reasonable levels. • Low alcohol and non-alcoholic drinks will also be available and provided to

patrons, including the new 0% ranges that are beginning to penetrate the market currently.

• Security will patrol the exterior and interior of the premises, ensuring that there is no antisocial behaviour taking place at any time in or around the premises and will be instructed to eject those people or take appropriate action as required, such as calling police where people in the vicinity pose a direct or imminent danger to the guards, premises, or patrons.

• Maintain close contact and relations with local police and emergency services. • The applicant will have no issues in closing early, should any issue escalate with

unruly or disruptive behaviour and ensure safety of all patrons at all times. • Taxi or rideshare call services for patrons, particularly individuals who require it

and take measures (e.g. call police or rangers) to minimise disruption where unruly patrons or the public congregate in the area.

6

• At least one person on any shift, including security guards will be trained in First aid.

• The upper-level roof top bar will likely close no later than 12pm in an open-air format, reducing capacity on the venue and ability to manage crowds.

• It is a consideration that, if construction methods are changed, the rooftop section is enclosed and acoustic report can provide reasonable sound mitigation treatments, the rooftop may trade with nightclub hours, only if this can be satisfied.

• The applicant will ensure staff are aware of such initiatives as the ‘Ask for Angela’ 3campaigns, allowing for action to be taken quickly with patrons who feel unsafe and removing them from any potentially harmful situation.

2.3 Cater for the requirements of consumers for liquor and related services, with

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

• The development will cater for those patrons who do not visit or are unlikely to visit Northbridge due to the reputation and safety concerns they may hold.

• Will cater specifically, but not exclusively to older patrons. • Will provide amenities to tourists within the City of Perth, including those in the 8

surrounding hotels. • The fit out and décor will attract a range of more sophisticated tastes, and internal

controls, including entry fees will control the demographics of people who will likely want to attend the venue.

• Promote tourism in the Central City – West precinct of the CBD and increase potential live acts travelling to and within Western Australia and Australia.

• Work in collaboration with surrounding venues and other event organisers to promote the area for live events suited to the venue.

The secondary objectives of the Act are defined in section 5(2), which are to: 2.4 Facilitate the use and development of licensed facilities, including their use and

development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; • The building has been vacant for nearly five years and as a result has encouraged

homeless and vagrants to frequent the building frontage. • The development will complement the current premises of His Majesties theatre,

providing close proximity, collaboration of events with the two venues and increase the area’s activity after 6pm weekdays and on weekends.

• The approval will likely provide greater benefit to retail and hospitality venues for the provision of full meals and to hotels for overnight staycations in the city.

• The approval will encourage the ability to host several artists, and allow for the use of other local businesses, such as hotels, restaurants and other services and retail facilities in the area.

• The venue will offer a space for the culturally and linguistically diverse communities who currently call Perth home, with interest already being sought for venue use by South African, Zimbabwean, Nigerian, Sri-Lankan, Filipino, Ghanaian, Kenyan artists and performer or entertainment groups. Whilst not excluding traditional music genres and artists, the venue will provide preference to culturally and linguistically diverse groups in support of their music, traditions, and culture.

3 https://westernindependent.com.au/2018/03/22/how-do-you-ask-for-help-quietly/

7

• Unlike a lot of existing venues, due to the building and change of use requirements, Eleven forty-five will be one of the safest buildings in Perth, and will include appropriate access for those people with physical impairments that prohibit them from visiting venues currently in Perth. (Including but not limited to, fire safety installations, smoke cut off detection systems, compliant exit doors, panic exit devices, compliant stairs)

• In line with the Department of Local Government, Sport and Cultural Industries (DLGSC) Strategic directions document 2020-20234, the applicant believes that the approval of this licence will satisfy the following objectives: - To promote the participation and achievement in sport, recreation, culture and

arts. - To support and grow the cultural industries. - To promote and enhance the benefits of cultural diversity and social inclusion. - To ensure liquor gambling activities are conducted in the public interest. - Sector sustainability, capacity building and excellence, support CaLD

communities to deliver events. 2.5 Provide adequate controls over, and over the persons directly or indirectly

involved in, the sale, disposal and consumption of liquor; • The applicant fully supports the Departments Strategic Direction 2, particularly in

the implementation and management of a trial of a banned drinkers register/ takeaway alcohol management system and would regularly access the portal for recently banned drinkers to premises in Western Australia.

• The venue will seek patrons to provide approved identification and be verified prior to entering the venue and will employ systems such as Patronscan/ Scantek or GreenID, ensuring strict privacy controls are in place to protect customers personal privacy as outlined by the Office of the Australian Information Commissioner.

• Any system acquired for the purpose of confirming a patron identity and ability to enter the venue will have to meet Australian privacy guidelines5.

2.6 Provide a flexible system, with as little formality or technicality as practicable for

the administration of this Act.

• A Nightclub licence is currently the only licence that allows for the proposed manner of trade, with the flexibility of allowing food for patrons and accessing the opening times to allow trade until 5 am.

• The approval of this licence will allow for the realisation of the objectives of the Act and the wider strategic directions of the DLGSC.

4 https://www.dlgsc.wa.gov.au/department/publications/publication/strategic-directions-2020-2023 5 https://www.oaic.gov.au/privacy/guidance-and-advice/id-scanners/

8

3. Addressing the objectives 3.1 Eleven Forty-five is designed to include a kitchen, with the sole purpose of redefining

Nightclubs, particularly for the older demographic. 3.2 People who drink, also like to eat, however, most nightclubs do not have food

available, most nightclubs require patrons to leave the venue to find food and this is usually at the end of the evening after drinking all night and having an early dinner. While the applicant does not propose sit down meals, the applicant will have a provision of tapas style foods, snacks, fresh, and easy food for patrons to enjoy while inhouse.

3.2 This will be our key point of difference and will be strongly promoted for all patrons

especially in the VIP area. This will aid in regulating the consumption of alcohol by patrons, allowing people to pace themselves and staff encouraging the purchase of food with the sale of alcohol.

3.3 In addition to the regulation of the consumption and sale of alcohol, food reduces the

likelihood of ill-health and harm. It is well known that the consumption of food while drinking reduces the feeling or level of intoxication, which will reduce the potential for any public disturbances caused by excessive drinking and high levels of intoxication found in most nightclubs.

3.4 The applicant believes that the venue will cater for a wider range of consumers than

most clubs currently do. The provision of food being a big selling point for people who like to go out, adequate seating will be provided, particularly in the VIP area, providing a safe environment for people who enjoy going out, but dislike the crowded dance floors.

3.5 Our state-of-the-art technology both downstairs in the main club area and on the first

level, will be a tourist attraction and the applicant strongly believe that for Perth the venue will become the most Instagrammed venue for the first three months of its operation. This will draw more people to areas of Perth rarely explored by tourists and visitors to Perth, increasing foot traffic and retail spend within the area. It will be beneficial to any businesses trading in the late afternoon through to evening.

3.6 Secondary objectives are addressed through the provision of facilities to allow live

musicians into the venue to perform. While the venue will be open for hosting any upcoming local artists and musicians, consideration will also be given for Interstate and International artists and will be focused predominantly on ethnic artists, providing a platform for them to have their traditional and modern music displayed. There is currently no formal venue where this can be done, with international well-known artists being limited to local sporting clubs and halls.

3.7 Adequate controls on the sale, disposal and consumption of liquor will be outlined fully

in the attached Appendix 01, House Management – Code of Conduct – Harm Minimisation Policy

4. Local Packaged Liquor Requirements Section 36B The applicant does not propose to sell packaged liquor from the premises.

9

Section 38(2) – Public Interest

5. Why is the grant of a licence in the public interest and how will it

benefit the community? 5.1 The venue will provide passive surveillance in the area, including to people returning

to the number of hotels on Hay Street. 5.2 Currently activity significantly slows and ceases after office hours, leaving the streets

visibly quiet and void of activity. 5.3 Passive surveillance is provided by increased activity in the area, reducing antisocial

behaviour in the area. This is done through additional lighting and security camera’s being added to the premises, which are currently not in place.

5.4 In addition, passive surveillance is provided through the venue being open at a time

significantly different to the predominant trading retailers in the vicinity. 5.5 In addition, the venue will provide an alternative option for visitors to the City of Perth

for a nightclub venue, without the need to visit Northbridge, long seen as a violent and undesirable entertainment area.

5.6 The venue will provide more options for the Culturally and linguistically diverse

community represented by over 130 different cultural groups currently calling Western Australia home, removing a monopolised entertainment market and providing a space for emerging artists, both live performances and DJ’s.

5.7 The granting of the licence will allow for the creation of a unique venue outside

Northbridge and the Special Entertainment Precinct. 5.8 The venue will draw people into the CBD area. Hay Street in comparison to daytime

trading, is quiet with significantly less foot traffic and lighting after 6pm. 5.9 While the space will not limit the age of people who attend the space, marketing will be

aimed at the older club goers over 25 years old or people who avoid Northbridge due to the anti-social nature of the people who visit the area, most who aren’t club goers but leave visitors frightened and unwelcome.

10

Section 38(4) Section 38(4) of the Act provides that the matters the licensing authority may have regard to in determining whether the granting of an application is in the public interest include -

a. the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; and

b. whether the amenity, quiet or good order of the locality in which the licensed premises, or proposed licensed premises are, or are to be, situated might in some way be lessened; and

c. whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and

d. any effect the granting of the application might have in relation to tourism, or community or cultural matters; and

e. any other prescribed matter. (Please note there are no prescribed requirements at this time)6

6. Supporting evidence The applicant reached out to a number of potential clients and suppliers seeking support, including business owners and artists. Due to corporate rules on support letters, some were not able to provide support letters. Please see Appendix 11 -13 and 20-23 for support letters.

7. Locality

7.1 853 Hay Street located between Cloisters Square and His Majesty’s Theatre precinct,

in a predominantly commercial precinct. It is located west of the CBD, however the City of Perth is made up of Perth, West Perth, East Perth, Northbridge, Claisebrook, Nedlands and Crawley, however it is envisaged that the reach of the club will be much wider for Perth local residents.

6 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy

11

7.2 The area is dotted with a variety of retail, office and hospitality venues targeted at

people working in the city rather than living there. It creates an ideal location for a nightclub, reducing the impact of noise and inconvenience to potential residents.

7.3 While noting the presence of residential units at the rear of 826, 836 and 838-842 Hay

Street, leading off King Street onto Munster Lane, the distance of the venue is such that access to these residences is limited. Residential premises are also noted in the NV Apartments at 374/396 Murray Street.

7.4 The location of several hotels within the area (500m radius), including the Adnate

Perth, Parmelia Hilton, Inter-Continental Hotel and Holiday Inn Perth City Centre, just to name a few creates a perfect opportunity for an entertainment venue closer to hotels, without the need to make your way to Northbridge, while being far enough away not to cause disturbance.

7.5 The City of Perth City Planning Scheme no.2, Precincts no.1-8 City Centre, statement

of intent: “The city centre will continue to develop as the focus of business, administration, commerce, retail, tourist, civic, cultural and entertainment activities for the State. As the focal point for the capital of Western Australia the city centre should be interesting, enjoyable and an easily accessible place so that people will be attracted to it for its services and facilities, work, investment, and leisure opportunities. Eight city centre precincts will form the centre point for the promotion of Perth as the capital city and an international destination for commerce and tourism. Through their principal functions each precinct will contribute to the growth, development and enhancement of the city, and the character, environmental elements and built form of each precinct will be acknowledged and protected. A mixture of uses which provide a wide range of services and facilities, recreational activities and residential and visitor accommodation, attractive to a wide cross-section of the community, and fundamental to the development of an active and vital centre, will be encouraged. Development in each of the precincts will also need to take into consideration the importance of retaining the identity of each precinct by fostering compatible uses in terms of activity, scale and intensity of development. Consolidation of central business activity, retail, social and cultural functions and residential and visitor accommodation, fostering a better integration of these activities, will be pursued in the city centre. This higher intensity of development should contrast with supporting.”

8. Venue 8.1 The building was last used as a bank and has a unique feature of a bank vault.

Constructed of cement wall panelling and roofing, this creates the perfect venue for a nightclub with sound attenuation built into the aesthetics, reduces the need for additional significant attenuation, however, it is recognised that some attenuation is required for the front and upper levels of the building. This detail is contained in the specific stages outlined in the Introduction.

8.2 Being largely made of cement, a percentage of the sound attenuation has been taken

care of, however, the applicant is aware, particularly for the rooftop section of the building, that this will need extra consideration and will be addressed in Part Two of this PIA.

12

8.3 Sound will likely be installed by 3 Monkey’s audios visual, who have already provided

direction on placement of speakers and the requirements for sound within the venue. 8.4 The Little Fit-Out Company will provide the fit out of the premises for the installation of

the kitchen, grease trap, ablution facilities, bar and DJ area as well as the raised VIP section.

8.5 A full acoustic assessment will be undertaken once the approval for use has been

granted and need to comply with the National Building Code and the Environmental protection (Noise) Regulations 1997 managed by City of Perth and be in-line with the proposed noise level changes for the Special Entertainment Precinct amendments currently being recommended and considered by the City of Perth, Department of Planning, Lands and Heritage and the WA Planning Commission, details can be found later in this document from Section 43.25 onwards (pg 73).

8.6 In additional consideration will be given to an airlock entry, in setting the entry to

reduce street noise during operation and when patrons are entering and exiting the building.

8.7 The venue will include a fully fitted and functional kitchen for the purpose of providing

food to patrons during the evening and early morning and for any functions held in the venue. This will give Eleven Forty-five the opportunity to provide patrons with food and the applicant believes that this will be a first for a nightclub in Perth.

8.8 Toilets will be available in the main bar area, with the provision of accessible toilets for

wheelchair access on the main floor. 8.9 The VIP section and main floor will include a bar for the provision of drinks and a water

station will be located next to these facilities for patrons to self-serve water. Water will be provided and refreshed in the VIP section.

8.10 Unlike most other venues in Perth, where different rooms have their own dance floors,

Eleven Forty-five will have two dancefloors within the same lower-level space. A dancefloor will be centrally located on the main floor and an additional dancefloor will be in the VIP section. Allowing for the full VIP experience to be realised, including enjoying dancing without needing to join the remainder of the crowd.

8.11 Under the National Construction Code published and managed by the Australian

Building Codes Board defines building requirements for the construction, design, plumbing and drainage systems for buildings and their required use.

8.12 The building will be rated at a 9B or Assembly building rating and planning has

allowed for the 2019 Building code requirements and specifications as defined in the Volume 1, Building Code of Australia 2019, Amendment 1, which is due to be introduced in Western Australia by May 2021. This will likely make Eleven Forty-five the safest nightclub in Perth, as all other clubs have been in the same venues for up to and over 20 years and even the last application approved for The Sewing Room in 2016, was done so in a heritage listed building meaning compliance to current standards are minimal.

13

8.13 The code includes coverage for fire safety by way of sprinkler or Smoke exhaust systems, ramps, exists, extinguishers and warning systems and includes requirements for exits, including regress and push door handles.

8.14 A nightclub is rated as an ‘Assembly building’ as defined in the National Construction

Code. 8.15 Assembly building 7means a building where people may assemble for—

1. civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or

2. educational purposes in a school, early childhood centre, preschool, or the like; or

3. entertainment, recreational or sporting purposes including— 1. a discotheque, nightclub or a bar area of a hotel or motel providing live

entertainment or containing a dance floor; or 2. a cinema; or 3. a sports stadium, sporting or other club; or

4. transit purposes including a bus station, railway station, airport or ferry terminal. 8.16 Please see the plans submitted to the City of Perth for the Change of Use

application, including the ground floor and first floor design. Appendix 02 – 853 Hay Street – Floor Plan (Little Fit-out Company)

Manner of trade Description of the proposed business, manner of proposed trade and targeted client base. 9. What facilities and services will be provided by the proposed premises? 9.1 Eleven forty-five’s facilities will include leading technology LED walls, hosting a range

of projections that can be easily themed and changed. Accessing the walls for the length of the building, provides a wall of endless visual possibilities. Technology such as this has not been used in Australia and will be an Australian first, allowing minimal lights to reflect of mirror domes lining the roof, creating an optical illusion of floor to ceiling lighting displays.

9.2 There will be ample seating provided for up to 100 people in the venue on the ground floor, while maximising the location of the dancefloor in the centre of the venue.

9.3 The addition of a kitchen at the rear of the premises provides an additional unique feature of being able to provide customers with a range of finger foods and tapas style offerings. Please see Appendix 03 – Sample – Tapas menu 11-45, for the sample food menu.

9.4 The VIP section will be raised giving prominence to guests. Bookings will be available for those who wish to use the section for special events or simply to enjoy the visual status symbolisation. The VIP section will include a fully serviced bar, meaning that once in VIP, there is no need to leave.

7 https://ncc.abcb.gov.au/ncc-online/NCC/2019/NCC-2019-Volume-One/Schedule-3-Definitions/Schedule-3-

Definitions/Definitions?inlineLink=ID64132e38-cb81-4f02-b725-8dba3267aaf1 https://ncc.abcb.gov.au/ncc-online/NCC/2019/NCC-2019-Volume-One/ https://www.commerce.wa.gov.au/building-and-energy/national-construction-code

14

9.5 A lift will provide access to the first floor and half level between the ground floor and

the raised VIP section. 9.6 Bottle service

Bottle service will be provided predominantly to people booked into the VIP section. Service of bottles will include a jug of a mixing soft drink or various soft drinks. Bottle service will be limited by the following conditions:

• Max quantity of alcohol sold is in a 750ml bottle. • No less than two people per bottle of wine • No less than seven people and mixers for bottles of spirits. • No more than one bottle per seven people to be purchased at one time.

The applicant proposes controlled buys of bottle service, where a patron can purchase a bottle, but leave the bottle behind the bar to limit access and consumption and will be served responsibly upon request.

10. What is the proposed manner of trade? 10.1 Purpose

The proposed manner of trade for the premises is for a nightclub. The venue will in addition to a traditional nightclub be used as a venue for live music performances for up and coming and known artists from Western Australia and interstate or international. This is described in depth in Section 12 below.

10.2 Provision of food Provision of food has been catered for in the plans, with a dedicated kitchen, suitable for providing a range of cooked items, including snacks and meals, if chosen, to allow for clients to eat while they enjoy a night out and promote responsible drinking. The applicant will strongly promote this, and staff will be sufficiently trained to offer snacks to clients during their stay in the club.

10.3 Entry to the venue Eleven Forty-five proposes to allow pre-ordering of tickets by verified members. Members will be asked to register their details and will be provided with access via the website to book a set number of tickets for entry into the club, except for ticketed special events, i.e., visiting artists. Verification will initially be done online, but confirmation will require the registered member to present in person prior to entry the first time to confirm their details. Online access will provide options for patrons to ensure entry and avoid potential long lines out the front of the venue. This differentiates the venue from Nightclubs located in Northbridge which can significantly disturb surrounding businesses and the public within the area. People will not be prevented from lining up; however, pre-booked tickets will ensure entry and allow management of patrons on any given trading night. The VIP section will be limited to 70 people at any one time, and will be required to be pre-booked, prior to any given trading night. The VIP section will again be registered to members, who will be verified.

15

Lock out of new patrons or returning patrons is proposed to be at 3:30am. Anyone leaving is no longer allowed to return and new patrons will not be able to enter after that time.

10.4 ID checking and Scanning of patrons ID checking and scanning of patrons will occur on entry and will use systems such as Patronscan/ Scantek/ GreenID, which are currently being assessed for usability and appropriateness.

10.5 In addition, privacy of patrons is of highest concern and any product selected must satisfy privacy and technical concerns. It must have hosted databases and servers in Australia and meet the Office of the Information Commissioner’s privacy guidelines prior to purchase and implementation in the venue.

10.6 Event bookings Eleven Forty-five will offer venue bookings for the purpose of live music artists or private functions as deemed appropriate by the Director and proposed crowd identified in attending the event. Bookings will likely be refused for large groups of under 25’s due to the increased risk of pre-drinking, unruly behaviour and disturbance to the area.

10.7 Responsible service of alcohol Responsible service of alcohol within the club will be managed through sufficient and frequent training provided to staff who are employed. Staff will be required to have previous experience and hold an appropriate RSA certificate or Managed premises certificate as outlined in Appendix 01, House Management – Code of Conduct – Harm Minimisation Policy. Training will be provided internally to the specifics of dealing with intoxicated patrons, patrons who cause affray, become antisocial and how to engage correctly with Security to assist in any instances where required. With correct training and monitoring of staff, the applicant is confident that these measures will not be required. The importance of refresher courses is noted to keep staff training up-to-date. Shots of spirits without mixers will unlikely be served after 3 am.

16

8

10.8 Nightclubs in COVID-19 restrictions Within Western Australia COVID-19 social distancing measures are still in place and while the application deals with capacity, it will be reduced to account for the restrictions currently in place. Sanitisation will be provided throughout the building, including entry, outside toilets and at the bar areas. Signage will remind guests that distancing is required, and entry scanning will provide tracking of all patrons. Cleaning will be done at the cessation of trade and staff will be required to collect empty and unattended glasses or open drinks. Staff will be armed with sanitiser spray and cleaning clothes and all glasses will be hot cleaned in commercial grade dishwashers and dried prior to reuse.

10.9 Eleven Forty-five after COVID-19 restrictions Post easing of COVID-19 social distancing restrictions, the venue will trade where possible at full capacity, however, will maintain sanitisation and cleaning in the venue before during and after trade.

10.10 Morning trade Because of the location and the lack of early morning/ late night food venues (i.e. kebab shops), the applicant will trial the provision of snack foods takeaway for patrons including coffee on exit, which can be ordered from the bar prior to leaving.

8 https://www.nhmrc.gov.au/health-advice/alcohol#download

17

If this proves successful, then it will be integrated into the business model long term. 10.11 Juveniles and entry to the venue Juveniles will be permitted into the premises, under the following conditions:

• When the juvenile is accompanied by a responsible parent or guardian prior to 9pm.

• When a juvenile is employed within the venue for the provision of training or employed by a contractor to undertake specific repairs or work as part of their employment under Section 120(1)(f) of The Act.

• Is the child of a member of staff and are accompanied by the staff member outside of normal operating hours and that staff member is not currently working (Section 120(1)(b) of The Act).

• The juvenile is undertaking training either as a work-based placement for the purpose of studies (Section 121(5)(c) and 121(11) of The Act)

Time restrictions for juveniles:

• Juveniles will only be permitted in the premises when accompanied by a parent or guardian and prior to 9pm.

At no point will alcohol be served to juveniles and any parent or guardian seen purchasing and supplying alcohol to a juvenile will be asked to leave the premises and be banned from the premises.

10.12 Security

Security will be employed during all operational hours and will include at least one on each level of the venue when both areas are functionally operational. The venue will employ the recommended number of guards for anticipated capacity crowds, two guards for the first 100 patrons and one guard for every 100 thereafter. At a minimum, based on the DLGSC recommended conditions when fully operational with an approved capacity of 800, there will be nine guards patrolling the premises. It is likely for events and weekend trade, that the venue will employ additional guards.

11. Section 42 of the Act Entertainment and live music performances The Liquor Licence Act 1988 Section 42 (1) states: Subject to this Act the licensee of a nightclub licence is, during permitted hours, authorised to sell liquor on the licensed premises only, ancillary to continuous entertainment provided by one or more artists present in person performing there or by way of recorded music presented personally by a person employed or engaged by the licensee to do so. Definition CaLD – Culturally and Linguistically Diverse.

11.1 Eleven Forty-five is seeking to provide the business with the options to diversify music and entertainment offerings within the City of Perth and wider Perth region.

18

11.2 In the current environment, Eleven Forty-five are seeking to invite local musicians and performers to the venue, particularly those artists from CaLD communities, who may otherwise not have venues to perform.

11.3 Several African artists who are known throughout their communities and through the

wider population are likely to head East in pursual of venues to perform at and larger capacity crowd venues, there is currently nothing catering for these types of artists in Perth.

11.4 Aboriginal performers who are not mainstream do not have venues that would promote

them for their talent, instead like the CaLD groups are limited to performing at festivals, awards and often small venues.

11.5 For other CaLD groups, with Sri Lankans and Filipino groups having a number of great

live performers living in Perth, who are restricted mostly to community halls to host events. This venue will be suitable for these native language performances that celebrate the culture of the group presenting the event.

12. Music in Western Australia 12.1 Western Australia has always been the home of talented Sandgropers, born or raised.

However more and more, migrants who now call Western Australia home are likely to be just as influential and expectantly so, with a melting pot of cultures, music influences, it is hardly surprising that WA’s talent of first and second generation musicians are now rising faster than ever.

12.2 The applicant wants to make Eleven Forty-five the home of minority talent, with big

voices and big dreams, the venue will be used to highlight and discover some of this State’s raw talent and force it to mainstream.

12.3 Organisations such as WAM are important drivers to Western Australian music,

however, the applicant wants this opportunity to build these artists within their own communities, drive a wider audience and promote them wider than a once-a-year festival.

12.4 Pile Rats in 20209, discuss emerging rappers from Perth, who are putting WA on the

Hip-Hop map. In the artists mentioned in the article such as Arno Faraji, a Zimbabwean born rapper from Shenton College won Triple J’s Unearthed in 2017 and while at the time Arno was too young to perform at a nightclub, he now performs regularly at Bar1 in Hillary’s.

12.5 The diversity and talent field are vast:

• Cozzy Kozile Dube is a Zimbabwean artist who traded football boots for the microphone and has already released two albums, with his afro-jazz style and is strong advocator of promoting culture positively through music.

• Mucha Lauti is a Zimbabwean is a jazz singer who performs in her traditional language has been a feature at the Annual Jambo Festival at Stirling Gardens.

• Adrian Dzvuke another Zimbabwean born R&B artist, who plays at Mojos’ and the 2021 winner of the WAM Best Hip-Hop act

9 http://pilerats.com/music/rap/perth-rap-arno-hyclass-tsoko/

19

• X4nder is another young up and coming Perth artist, is of Burmese heritage and is still on the rise, he has been writing since he was 15.

• Artist Hyclass is a female MC, winning WAM best Hip-Hop Act 2018, with appearances at several festivals.

• MALi J0$E according to Triple J unearthed states that 2021 promises to be the year the new king takes his crown, the up-and-coming artist from Fremantle is the hottest thing in Hip-Hop at the moment and performs at Freo social.

• T$oko hailing from Zimbabwe has been in the Perth Hip-Hop scene for a few short years and is still growing as an artist.

• Sachiv is a Kenyan rapper, isn’t new to the Industry but is building his name and working on his own projects.

• BBanner is a Zambian born Afro/ RnB artist who has been performing and recording for a number of years but has more recently made his name known.

• Jaycee is Perth born young man with Jamacian roots, currently building his reputation fast through TikTok and is known for his versatile sound and fusion of hip-hop, RnB, trap and incorporating elements of funk, soul and Latino.

12.6 CaLD artists are often pushed to outer suburbs and smaller venues with maximum

capacities of 150/ 300 people. 12.7 Perth born and raised IZZAR, Lil Mase, Yazza, Razzy Mak and Flewnt are testament

to their lives growing up as young Indigenous men and work to inspire other young men and bring awareness to cultural issues, mental health issues within their community.

12.8 Strong Indigenous performer MissGenius is rising fast in the First Nations Hip-Hop

scene who is the 2020 winner of the WAM Best Indigenous Act. 12.9 There are many more of these types of artists from strong First Nations performers

from all around our great state to children of migrants or migrants themselves who use music to tell their story and share their culture. The applicant being a migrant with an Aboriginal wife, wants to allow these artists to make the most of their talent bring it to the mainstream, giving them the same opportunities and not having to limit their performances to smaller venues on the outskirts of Perth.

12.10 WA has borne many internationally known acts, such as Jebadiah, Tame Impala, John

Butler, Birds of Tokyo, Eskimo Joe, Troye Sivan just to name a small few, who like all of the above would have found it hard to start and find a name in the industry, the only real difference, is English was their first language.

12.11 The applicant believes the playing field is getting better and the rise of the digital age

is providing better access to all up and coming artists, but the industry, still compartmentalises these artists.

13. DJ’s 13.1 In addition to live music performances, the ability to rotate DJ’s throughout any given

night, week, or month, will provide for a variety of DJ’s to showcase their talents and boost their profiles. Current venues often have set DJ’s for styles of music, and Eleven Forty-five proposes to rotate these to maximise the variety of tastes and avoid the same song playlist that can occur with regular DJ’s.

20

13.2 The intention is to have a rotation of local DJ’s available which provides a variety of music mixing styles, while remaining true to the dominating genre of Afrobeat’s, Hip-Hop and Trap music.

13.3 Themed nights will be features rather than regular events, with special DJ’s called in

for drum and base or house music as required. 13.4 Along with the growing number of DJ’s currently in and emerging from Perth, the

applicant believes that the venues goal is to firstly provide specific genre of music regularly rather than on an ad-hoc basis as most venues currently do and bring some of these talented performers to the City of Perth to give them a broader targeted platform to present their music.

13.5 There are a number of ethnically diverse DJ’s in Perth, including Sri Lanka, South Africa, Zimbabwe, Zambia, Tanzanian including Dj Blaqknight, Nvsty Tank, Naphty, Rony Ronald, Sara T, Prihanna, just to name a few all who specialise in afrobeat’s, fusion and hip-hop and RnB.

14. International artists 14.1 When the borders are open, it is likely with Australia, particularly in Western Australia,

the international performer-based concerts are likely to recommence sooner rather than later.

14.2 To date, most international performers who may not be mainstream and well known on

radio, but who have significant fan bases are limited to venues that will take them, such as The Rosemount. While Eleven Forty-Five’s capacity is smaller, the intention is to host live international artists, who predominantly who perform Afrobeat’s, hip-hop genre of music.

14.3 Prior to COVID-19 the applicant had been in various discussions with artists such as

Davido and Burna Boy to perform in Perth and around Australia and while these artists would require a much larger venue due to their overwhelming popularity, the venue would be intended to be used for a VIP show and afterparty, hosting local and traveling artists who are support acts and DJ’s once the show had finished.

• Burna Boy is a Nigerian singer, who in 2019 won the BET awards Best International

Act and the 62nd and 63rd Grammy Awards Best World Music Album and has featured on singles with artists such as Justin Bieber, Sia and Sam Smith.

• Davido in 2019 performed at a concert at London’s O2 Arena, capacity 20,000, only one of two Nigerian performers to do so. Davido has performed with Snoop Dogg and Chris Brown who also featured on his song Blow My Mind.

15. Music Genre’s 15.1 Predominantly, the applicant is seeking to provide Afrobeat’s music and fusion music

that is fast emerging with western Hip-Hop, RnB and Trap, as the African beats inspire the genres to change and satisfy clubgoers appetite for beats to move to.

15.2 While Afrobeat’s feature in some clubs, some of the time, this will be the predominant

feature of Eleven Forty-fives music offering.

21

15.3 Traditionally Afrobeat’s were little known in Western Society, but the popular rise of P-Square in the late 2000’s, and collaborations with mainstream American rappers and Hip-Hop artists such as Chris Brown has thrown Afrobeat’s more into the mainstream arena and is recognised by more western clubs, radio stations and in turn are hosting more concerts.

16. The rooftop 16.1 The rooftop in contrast lends itself to traditional sounds and softer instrumental music,

allowing the chill vibe of the space. Also allowing for consideration of the neighbouring properties and residences in the surrounding vicinity.

16.2 In the same plan as the main ground floor space, the rooftop, lends itself to soloists,

and traditional language artists, live acoustic performances of various African traditional music and CaLD group vocalists.

17. Streaming 17.1 It is likely that music being played on either the ground floor or roof top can be

streamed to the other area of the venue, however the two spaces are designed to operate independently of each other and may not operate at the same time as the other due to the nature of the spaces.

17.2 In instances where streaming is enabled, it will mean that the music being played live

will be played into the other space allowing patrons to enjoy the space and music, without needing to be on the same floor.

18. What is the target client base? The client base that will be targeted for this venue will be directly marketed at people who: • live in the City of Perth. • visit the City of Perth for, either for recreation or work. • are 25 and over. • are professionals.

Target market 18.1 The applicant recognises and understands based on experience and research that

younger patrons participate in risky alcohol consumption, including mixing with recreational and prescription drugs.

18.2 It is noted that most clubs cater for the younger demographics, with little to no dress

standards. This in turn is demonstrated by the genre of music played within the venues and the types of drinks consumed.

18.3 The target market of this venue will strongly be focused on an older demographic, 25

and above, recognising that people in those age demographics enjoy the club experience, but not the genre of music played and the other clientele who attend.

18.4 In addition, it is noted that this demographic place more emphasis on comfort and style

than drinking, meaning the provision of seating will lend itself well to enjoying the atmosphere.

Please see Appendix 24 – sample dress code sign.

22

19. Survey 19.1 The applicant created a survey, and which was provided to an existing venue to

promote. The responses cemented the requirement for the type of venue and target group the applicant is aiming to service.

19.2 There was little to no promotion of this survey and responses were born organically from the venue’s current patrons and through sharing via Facebook only.

19.3 The beginning of the survey provided a brief overview of the concept and licence type

proposed for the venue, the venue location and proposed manner of trade.

19.4 Survey Results 1. More than half of the responses were female (54%), with more than 90% of respondents

being aged between 25-54 years of age.

2. When asked where respondents lived, more than 60% lived 2-20kms from Perth.

3. How often do you frequent late night event or entertainment venues?

4. In response to the question ‘Would you or do you currently visit a nightclub in the

City of Perth CBD Precinct? (excluding Northbridge), 70% said Yes. 4a. For those that answered No, the applicant sought to find more information as to why this

was the case. Responses varied and included: • There aren’t any that I know of in the CBD that are suitable for my age group. • No decent music • Too many young people/ immature people. • No parking • One respondent commented ‘I have not felt safe in Northbridge after 4pm since the

early 90’s. Wont venture in unless in a group and not after 4. 4b. For those applicants who answered Yes, the applicant then asked what Clubs they

visited. With most respondents missing the Excluding Northbridge component of the question, the following clubs were listed:

Club name % Club name %

Connections 7% Air 1%

23

Library 10% Butterfly 73 1% Villa 13% Giesha 1% My Place Bar 23% Magnet house 7% The Court 5% Voodoo lounge 1% Metro’s Freo 1% Penthouse 1% Metro’s (Perth) 7% Goody Two’s 1% Lucy’s Love shack 1% The Sewing room 1%

NOTE: The applicant notes an anomaly with the results including My Place Bar, whose Facebook page was used to host the survey due to the nature of the clientele with the owner’s permission. It is also the only African focused bar in the CBD precinct. 5. The applicant then sought to find out what people look for most in a late-night

entertainment venue, respondents were provided with 12 options, with a maximum of five to select, with other provided as an option to add their own comments. • Good music/ quality sound was the number one requirement with 94% • A good DJ rated second with 76% • Safety as third with 60% • Cleanliness as fourth with 56% • Other options included décor/ furniture, seating options, VIP Section and good

lighting, which rated 40% and above in importance. 6. Survey participants were then asked whether they would visit a venue that showcased

emerging and known local, interstate and international artists, 90% of those who responded said Yes.

7. When further seeking who they would be interested in seeing, predominantly

international artists featured.

Music genre % Artist name % Afrobeats 16% Burna Boy 4% RnB 18% Davido 4% Hip-Hop 12% Martin Garrix 1% Reggae 1% Dj John Digweed

(British DJ) 1%

Soul 1% WizKid (Nigerian singer)

1%

Funk 1% Mafikizolo (South African duo)

1%

Rap 1% DJ Sasha (Welsh DJ)

1%

Comedy 8% Jay Prayzah (Zimbabwean singer)

1%

Pop 1% Diamond Platnumz (Tanzanian singer)

1%

Electronica 1% Harmonize (Tanzanian singer)

1%

Rock 1% Fireboy DML (Nigerian singer)

1%

24

Diverse (e.g. mixes) 8% Yemi Alade (Female Nigerian singer)

1%

JM Jarre (French DJ)

1%

Tiesto (Dutch Dj) 1%

8. When asked if participants preferred DJ’s or live music, 74% of the respondents said that they preferred DJ’s.

9. When asked what music they preferred when attending a nightclub, overwhelmingly, 66%

said Afrobeats, 58% said RnB/ Hip Hop. Participants could select up to 4 responses. • Current hits and house music both rated at 40%

10. Respondents were asked they would purchase food from a club, 76% of respondents

answered Yes. 10a. When asked what type of food they would like to eat, participants were provided with a

free text field to provide their answers.

Food % Chips 25% Finger food 21% Chicken Wings/ Fried Chicken 18% Ugali 1% Healthy food 7% Spring rolls 4% Wedges 4% Prawns 4% Tapas 4% Pizza 4% Oysters 1% Small sausages 1% Coffee 1% Steak 1% Meat platters 1% African food 1% Light snacks 1% Beef Sliders 1%

11. 90% of respondents said Yes to attending a roof top bar after work.

12. 74% of respondents said yes to their willingness to pre-purchase entry to the club,

securing them entry.

13. When asked for any additional comments about the concept, these are some of the responses provided: • I think a nightclub on Hay Street will not only attract locals to explore Perth city more

but its also a wonderful way of bringing the community together. • It would be a great addition to the community, especially for people like myself who

don’t like to visit Northbridge.

25

• We need a club that caters for over 25’s. I would support this club. • I would definitely support this club, sounds amazing. • Great initiative – Id love to see it happen. • As long as it isn’t overpriced and has plenty of security.

26

20. Will the premises be distinguished by any theme or décor? Fit out 20.1 The applicant has been in negotiations with a company, who are international

nightclub designers. This has allowed the business to seek out world class nightclub themed décor with the class and style of opulence and grand statement furniture and technology. An overview of the company and the theme has further been provided in Appendix 04 – Interior – Ground Floor – Décor and Fit out.

20.2 The applicant wants to provide clients with a nightclub theme never experienced in Perth and will include LED lighting and opulent Victorian styled furniture.

20.3 It is proposed to minimise the use of carpet, and ensure flooring is long wearing,

durable and easy to maintain, while keeping with the theme of the venue and provide a safe surface, particularly in the presence of likely drink spillage.

Example: impression of proposed fit out

VIP 20.4 The nightclub will be fitted with a large capacity VIP section, that will be bookable

through the venue’s website. 20.5 The VIP section, unlike others within the City of Perth or greater metropolitan area, will

be filled with seating, a dancefloor within the section, serviced bar, and table service. 20.6 The VIP section and packages will include food in the bookings and table service for

groups of four or more for all wines, cocktails, spirits and non-alcoholic drinks. 20.7 The VIP section will be raised from the rest of the venue to provide the extra opulence

that VIP’s desire, providing a feeling of grandeur.

27

21. Section 39 Certificate (Local Government Approval) & Section 40

Certificate (Local Planning Approval)/ Development Approval 21.1 An application for Change of use under Section 40 (Certificate of Local Planning

Authority) has been submitted to the City of Perth along with plans for the building meeting requirements of the current National Construction Code, outlined in Section 8.11 onwards.

21.2 An application for a Section 39 (Certificate of Local Health Authority) has been

submitted conditional to the Section 40 certificate being issued, based on the plans as they have been submitted and will be granted for on completion and inspection of the premises fit out once completed.

21.3 Please see Appendix 27-29 for Certificate of title, Copies of the application for

approval to develop and application for change of use.

22. Vicinity The City of Perth 22.1 According to their Strategic Community Plan 2019/202910, the City of Perth is a young

and constantly evolving city in comparison to other capital cities throughout the world. It is the City of Perth’s role to recognise, promote and enhance the social, environmental, economic, and cultural uniqueness of the city for both now and into the future.

22.2 They highlight the following pillars of their plan:

People: A safe, activated, and welcoming city that celebrates its diversity and sense of community, providing unique educational, cultural, sporting and lifestyle offerings, through: • Timely and contemporary community infrastructure and services. • Thriving and sustainable cultural, artistic and heritage industries, activities and

events that encourage locals and visitors to come back for more. Place: A well-planned and functional built form environment, promoting world-class architecture, appreciation of heritage, diversity of land use and sustainability, affordable and accessible integrated transport system, through: • A city that is seen by all as a great place to be. • Safe and enjoyable experiences in the public realm enabled by smart

technologies, innovative design, and quality infrastructure. Prosperity: A city with a diverse and resilient economy capitalising upon its unique competitive advantages and creative reputation, attracting sustainable investment in education, tourism, entertainment, commerce and technology and trade, through: • A sustained increase in leisure and business tourism visitation.

22.3 The City of Perth snapshot from 201611, shows that the City of Perth had 24,000

residents, 230,000 visitors and receives 2.4 million visitors a year. 22.4 The highest density of residents live in the East end of Perth, around Adelaide Tce,

with less than 33 people per hectare living in the area of Hay street (Central Perth (West) district), according to Idcommunity12 analysis of the 2016 Census data.

10 https://www.perth.wa.gov.au/council/vision-and-strategy 11 https://www.perth.wa.gov.au/en/future-perth/community-snapshot 12 https://atlas.id.com.au/perth

28

22.5 According to the same data, there are 119 people in the same area that Identify being

from Aboriginal and Torres Strait Islander heritage13. 22.6 In 201914, the wider area of Central Perth (West) is believed to house approximately

3,500 residents, these are likely in the apartments located along and around the far west end of Hay street and Murray streets past Milligan street and likely that this will have increased with the recent addition to Murray street of the NV Apartments, the Towers at Elizabeth Quay.

22.7 It is believed that the forecasted population growth by 2021 would be approximately

32,000 people. 22.8 According to the 2019 ABS data there were approximately 12,500 businesses in

Perth, and the impact of COVID-19 is likely to be documented in coming months. 22.9 The Australian Bureau of Statistics, 2016 Census15 results show approximately 22,000

residents, with a median age of 32 years of age.

22.10 The tables below indicate the Socio-economic disadvantage of the Perth area,

showing that the rate is low when compared to other Local Government Authorities (LGA)

13 https://atlas.id.com.au/perth/maps/aboriginal-torres-strait-islander 14 https://profile.id.com.au/perth/about?WebID=110 15 https://quickstats.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/LGA57080?opendocument

29

30

22.11 In the immediate vicinity, there are approximately 377 residents according to the 2016 census, with a Social disadvantage index of 1016.

22.12 At the 2016 census there were 18016 people aged between 25-34 years of age. 22.13 At the 2016 census there were 7217 people aged 35-49 years of age. 22.14 At the 2016 census 22% 18were couples without children. 22.15 At the 2016 census 24.6% 19were lone persons.

16 https://atlas.id.com.au/perth/maps/aged-25-to-34-years 17 https://atlas.id.com.au/perth/maps/aged-35-to-49-years 18 https://atlas.id.com.au/perth/maps/couple-families-without-children 19 https://atlas.id.com.au/perth/maps/lone-person-households

31

20

20 https://atlas.id.com.au/perth/maps/socio-economic-disadvantage

32

23. Other venues

23.1 While it is acknowledged that there are a number of nightclubs in Perth, most are housed in older buildings, some heritage

listed, meaning that the safety of these venues are not always up to current NCC standards.

23.2 Attached below is a number of clubs within the Perth, Northbridge and Leederville areas and Crown Casino. Where available,

information has been provided on their opening times, the genre of music played, whether they provide live music, VIP sections

and capacities.

23.3 Appendix 06 – Licensed premises list, deals specifically with licensed venues in a 500m radius, which shed light on Nightclub venues within the immediate vicinity. In the appendix it is noted the types of licensed used by venues, in which several venues, proport to be clubs or have club facilities within the venue, but are using Tavern or similar licenses, trading only until 2am under Extended Trading Permits (ETP).

Club Address Distance

from 853 (walking)

Capacity Music Drink offerings

Food VIP Live Music

Opening times

Amplifer/ Capitol Nightclub, (Nightclub licence) Includes: - Magnet House - The Edison

Late night bar

319 Murray Street, Perth 393 Murray Street, Perth 385 Murray Street, Perth

210m 500/900 Unknown Unknown

Rock, Heavy Metal Drum & Base, Trance RnB, Hip Hop

Unknown Cocktails, spirits, wine, beer Cocktails, beer, wine

No No Yes

Table bookings Yes, limited to 100 with annual fee. Yes

Yes Yes Yes

Fri – 8pm-4am Sat 8pm – 5am Wed, 9pm to late, Fri & Sat, 8pm-5am Fri, 7pm-4am Sat, 8pm-4am

The Sewing Room (Nightclub licence)

317 Murray Street, Perth

270m 320 Rock, Jazz, Various

Beer, spirits No Unknown Unknown Thu-Sat, 8pm-5am

Aberdeen Hotel (Tavern Licence)

84 Aberdeen St, Northbridge

1.1KM Various Various Yes Functions bookings

No Thurs-Sat, 4pm-2am, Sun, 4pm - midnight

Alabama Song (Tavern licence)

232 William Street, Northbridge

950m Unknown Unknown Beer, whiskey/

Yes No Yes Wed-Sat, 6pm-2am, Sun, 8pm-2am

33

bourbons, cocktails

Air Nightclub (Nightclub licence) Include: Mint Nightclub

139 James Street, Northbridge

700m Unknown Various Bottle service

No Yes, max 12 people

Yes Fri-Sat, 9pm-5am

Badlands Bar (XSF-Special Facility licence)

1/3 Aberdeen Street, Perth

1.8km 1,000 Various Beer, cocktails, Spirits

No, invited food trucks for events

Functions bookings

Yes Fri-Sat, 6pm-2am

Barbes (Nightclub licence)

237 Hay Street, Perth

1.8Km Unknown Various Unknown No No Yes Wed-Sun,6pm-5am

Blue to the Bone (Nightclub licence) Closed Includes: Voodoo Lounge, The

174 James Street, Northbridge

850m Unknown Rock, Metal, Alternative

Nil Spirits, beer

Nil Yes

Nil Yes

Yes Wed & Thu, 8:30pm-3:30am, Fri & Sat, 8:30pm-5am

Butterfly 73 (Tavern licence)

73 Francis Street, Northbridge

950m Unknown Various Cocktails, Bottle service

Yes Yes No Thu-Sat, 6:30pm-2am

Coconut Grove (Tavern Licence)

161 James Street, Northbridge

800m 650 Various Beer, wines Yes Bookings Yes Fri & Sat, 7pm – late

Aberdeen Hotel - Club Humble (Aberdeen Hotel)

90 Aberdeen Street, Perth

1.1km Unknown Various Cocktails, spirits, beers

Yes Guest list and booths

Yes Sat, 8pm-2am

Connections Nightclub (Nightclub licence)

81 James Street, Northbridge

900m 300 Various Unknown No Bookings available

Yes Wed, 8pm-4am, Thu, 8pm-3am, Fri & Sat, 8pm – 5am

Court, The (Tavern Licence)

50 Beaufort Street, Perth

1.2km 865 Various Beer, Wine, Spirits

Yes Bookings available

Yes Wed, 12-12, Thu 12-10pm, Fri & Sat, 12pm – 2am, Sun, 12 -10pm

34

Ellington Jazz Club, The (Nightclub licence)

191-193 Beaufort Street, Perth

1.6km Unknown Upstairs bar, 110

Jazz, Blues, Soul,

Cocktails Yes Bookings available

Yes Mon-Wed, 6:30-10pm, Thu, 6:30-11pm Fri-Sat, 6:30pm-1:30am Sun, 5:30-9pm

Eve Nightclub Crown Casino, Great Eastern Highway

5km Unknown Unknown Unknown No Bookings only

Yes Fri & Sat, 9pm -4am

Giesha Bar (Nightclub licence)

135a James Street, Northbridge

800m Unknown Various Cocktails, shots, beers

No Bookings before 11 for 30 or more.

Yes Fri, 11pm-5am Sat, 10pm-5am

Hip-E Club (Nightclub licence) Includes: Manor, The

663 Newcastle Street, Leederville

2.8km Unknown

Various Unknown No Yes No Tue, 9pm-5am, Fri, 10pm-5am, Sat, 9pm-5am Unknown

Jack Rabbit Slims (Nightclub licence)

133 Aberdeen Street, Perth

1.1km 400 Various Unknown No No Yes Fri, 10pm-5am, Sat, 8pm – 5am

Kings & Angels (Nightclub licence)

331 Charles Street, North Perth

3.3km Unknown Unknown Unknown Unknown Unknown Unknown Thu, 8pm-3am Fri-Sat, 8pm-5am

Library Nightclub (Nightclub licence)

69 Lake Street, Northbridge

950m Unknown RnB, Hip Hop, Afro-beats, Dancehall

Unknown No No Yes Thu, 11pm-5am, Fri & Sat, 9pm-5am

Lucy’s Love Shack (Nightclub licence)

104 Murray Street, Perth

900m 400 Rock, Heavy metal

Unknown Yes Yes Yes Fri-Sat, 8pm-5am

Metro City Club (Nightclub licence)

146 Roe Street, Northbridge

900m 2000+ Various Unknown No Booking for events

Yes By event booking only

Mint Nightclub Cnr Lake & James Street, Northbridge

700m Unknown Pop, 80’s-00’s

Unknown No No No Fri, 11pm-3am, Sat, 8:45-5am

Mustang Bar 46 Lake Street 800m 150 Various Beer, Spirits Yes Bookings for events

Yes Tue, 3pm-12am, Wed & Thurs,

35

(XSF- Special facility licence)

3pm-1am, Fri, 11:30am-3am, Sat, 3pm-3am

Nevermind Smallclub (Tavern Licence)

110 Aberdeen Street,

1km Unknown Unknown Cocktails, beers, wines

No No No Fri, 9pm-2am, Sat, 8pm- 2am Sun, 4pm-2am

Niche Bar (Special Facility)

663 Newcastle Street, Leederville

2.8km 360 Various Beer, Cocktails, wines

Yes Bookings until 10pm

No Mon-Thu, 10am-2am, Fri & Sat, 10am-3am, Sun, 10am-12am

Old Values Subiaco (Nightclub licence)

83 Rokeby Road, Subiaco

3km 200 RnB Beer, Cocktails, Spirits

Yes Yes No Fri-Sat, 6pm-3am

Paramount Nightclub (Nightclub licence)

163 James Street, Northbridge

800m 900 Various Unknown No Unknown Unknown Fri, 10pm-5am

Penthouse Club, The (Nightclub licence)

230 William Street, Northbridge

950m Unknown Unknown Unknown No Yes Unknown Tue-Thu, 9pm-late, Fri & Sat, 9pm-5am, Sun, 8pm-2am

Rapture Nightclub (Nightclub licence)

78 James Street, Northbridge

900m Unknown Unknown Unknown No Unknown Unknown Fri & Sat, 9pm-4am

Rechabite, The (Tavern restricted licence)

224 William Street, Northbridge

950m Unknown Various Unknown Yes Unknown Yes Wed-Sun 12noon – late

Republic, The (Nightclub licence)

66 Lake Street, Northbridge

900m Unknown RnB, Hip Hop, Afro beats, Dancehall

Unknown No No No Fri & Sat,11:30pm-5am

Club Villa (Nightclub licence)

187 Stirling Street, Perth

1.8km 700 Various Unknown No Yes Yes Thu-Sat, 8pm-5am

36

24. How Eleven Forty-five will compare 24.1 The identified night club and other licenced premises list above, show that there

are several facilities that claim to be nightclub like, however, very few hold Nightclub licenses.

24.2 While the offering below offers a variety of music and live performance mixes,

very few provide food under their current licence and may or may not target specific demographics. Either way, the venues have remained largely the same for (excluding The Sewing Room) for over 20 years, despite minor name changes in some instances and the occasional facelift.

24.3 The applicant while focusing below on specifically only nightclub licensed

venues, has sought to include a comparison with Butterfly 73 as its likely closest competitor for market share.

24.4 Overall, each club that exists in Perth has its own similarities to our proposed

venue, none the applicant believes combine the modern nightclub in the way the applicant intends on showcasing nightclub life as it should be. Certainly, the separation of the VIP area from the main floor will set us apart and the LED displays will be above what currently exists in Perth.

The applicant believes the following:

• Magnet house is our closest competitor for LED lighting. • Butterfly 73 is our closest competitor for service of quality drinks, music

genre played at the venue. • Villa compares for the rang of music they provide in hosting a number of

events with similar genre’s of music the applicant is proposing. 24.5 Amplifier / Capitol

Amplifier / Capitol nightclub has been a strong hold in Perth Hosting bowling and now trades as Magnet House, with a newly refurbished venue with a reported 2 million fit out, the LED moving light display at Magnet House is definitely something to witness.

The venue has a focus on variety, including the Edison late night bar. Compared to 11:45 Fit-out - Magnet House will the closest comparison to the Eleven Forty-five fit-out, however, the applicant believe still caters for the average club punter, without specific targeted audiences. The venue has been around for approximately 50 years. Little is known about the Magnet house VIP offerings and cannot at this stage be compared.

Location – Magnet house is one of the closest nightclubs in the area. Events – likely to be the closest nightclub that hosts events, however unlikely that there will be competition of genres. The venue attracts more dressy standards, with casual to smart casual the norm.

Capacity – Likely to be our closest competitor in overall capacity. Overall – The applicant looks forward to joining Magnet house for the hi-tech focus, however, do not believe that the focus of potential patrons will be the same.

37

24.6 The Sewing Room Built down Wolf lane, the premises were built in 1910 and was a sewing room for Perth’s leading fashion houses. The Sewing Room is the last known approved nightclub since 2016. The venue promotes predominantly live music. Compared to 11:45 Fit-out – The Sewing Room, is a basement venue and is appropriately themed as such, with black painted walls, heavy wood and industrial finishing’s and will be in stark contrast to the proposed fit-out of 11:45 Location – Located in Wolfe Lane, along with Magnet House, is the closest nightclub to our proposed venue. Events – The venue appears to focus on a variety of music, including live music, but focus on chart topping pop and rock music with a younger crowd focus based on their social media profile. Dress standards at the sewing room appear to fit the crowd it caters for, with casual street attire acceptable. Capacity – the applicant is unable to determine the capacity of the venue. Overall – the two offerings could not be further apart in likely target audience, genre of music and theme.

24.7 Air Nightclub

With their airplane lounge sheik styling, the Air Nightclub venue has been around for a long time, Including in the license what the applicant believes is the current Mint Nightclub, the Mint self-proclaims to be Perth’s original & best retro themed nightclub. They enforce strict dress standards and require neat dressing. Compared to 11:45 Fit-out – Air Nightclub holds its own in LED lighting, reflecting the airplane lounge sheik look and feel, with high ceilings, however, lacks the effect of the LED lighting beyond its intended theme. The inclusion of their VIP booths provides options for club goers; however, these are still located on the main floor and not separate to the rest of the patrons. Location – Located in Northbridge Events – Predominantly focused on the true nightclub venue, performing artists are not a feature of Air Nightclub. The venue focuses on a younger demographic with casual to smart casual being the standard dress code. Interestingly the Mint Nightclub appears to cater for the older crowd, focusing on the 90’s and 00’s genre of music. Capacity – Little is published about Air Nightclubs capacity and it cannot be compared at this stage. Overall – It is unlikely that the two venues would be spoken about in the same sentence, with different themes, target markets and offerings overall, there is little to compare the venues.

24.8 Blue to the Bone / Rocket Room

Venue has been permanently closed; however, the licence is still current. Once touted as Perth’s only dedicated Rock/ Metal and Alternative bar. Instead appears to be using the licence at the same registered address for The Voodoo Lounge a Cabaret Lounge and Strip Club.

38

Compared to 11:45 Fit-out – The fit out resembles a cabaret lounge, with neon lights and a stage and dark wallpaper surrounding the venue. Location – The Voodoo Lounge is located in Northbridge. Events – touted as Perth’s Premier club and Cabaret Lounge, the clientele focuses on the ladies hosting and providing entertainment for the patrons. Capacity – Little is known about the capacity of the venue. Overall – There isn’t a lot to compare with the two venues.

24.9 Butterfly 73

While not holding a nightclub license, Butterfly 73 functions though it is a nightclub, hence this is partially its inclusion for comparison. Butterfly 73 have different rooms, with VIP areas, including bottle service. Compared to 11:45 Fit-out – Butterfly 73’s décor is heavily tiled and brickwork with the use of metallic railings and screens to separate areas and furniture provided, dotted with butterfly motifs. Sparingly use of neon lights are used throughout the venue to highlight areas. Location – Butterfly 73 is located in Northbridge. Events – Butterfly 73 don’t appear to have a specific target market with various age groups attending the venue, with multiple offerings in venue spaces, drink offerings and music, this makes it an ideal melting spot for variety. Butterfly 73 also maintain a stricter dress code, compared to most other clubs. Capacity – The overall capacity of Butterfly 73 is a little under our capacity across the two levels. Overall – Our closet comparison to the target market of patrons, dress code, capacity and service offerings, however fit-out and the target market are slightly under our threshold.

24.10 Connections

By far the oldest club in Perth, established in 1975, targeted but not exclusive to LGBQTI+ demographics. The focus for Connections is Drum and Base, house music, with live drag performances and focusing on events.

Compared to 11:45 Fit-out – With various spaces, promoting their own theme’s LED lighting and natural brick and woodwork features in Connections. Location – Connections is located in Northbridge. Events – Connections hosts several drag shows, live performances and events focusing on the LGBQTI+ community. Capacity – The capacity of Connections is small on the scale of nightclubs. Overall – With a different target market and niche space being filled, different offerings and overall look and feel, the two venues have little to compare.

24.11 Eve (Crown Casino)

Eve was hailed as the best nightclub in Perth, hosting many music concert afterparties and was notable in the RnB, Hip Hop sounds of the early 2000’s. However, these days appears to be used solely for small concerts, after parties

39

and private bookings. It does not rate a mention on the Crown Casino website unless looking at specific events. Compared to 11:45 Fit-out – With no current photos or information available, little is known about the current fit out of the Eve nightclub. Location – Located inside the Crown Casino complex in Burswood. Events – Appears to be a rented space just for events and not a nightclub as it once was and is currently being used for Live sessions events. Capacity – Unknown. Overall – Sadly, there is little competition with a venue that focuses on events.

24.12 Geisha Bar

Claiming to be the most decadent nightclub, is a small intimate club. Compared to 11:45 Fit-out – Japanese inspired modern décor, with some VIP space and booths available. Chairs and tables are lacking with wooden and carpeted flooring and wallpaper lines the walls providing the decadent look. Location – Located in Northbridge. Events – Geisha does not focus on events but does have themed nights. Capacity – Little is published about Geisha’s capacity, although it does market itself as a small intimate club. Overall – Geisha does not have the capacity or service provision that provides sufficient competition for the Applicants proposed venue.

24.13 Hip-E Club

The Hip-E Club is the longest running club that has maintained its venue and name in the Perth Nightclub scene, established in 1988 and it’s decked out in a 70’s theme with neon murals, and colour explosions. The licence includes The Manor which has utilised the underground part of the venue and has more glamour vintage styled décor, and Hip-Hop music. Compared to 11:45 Fit-out – With neon lined walls, the Hip-E club boasts tables and seating for guests. Using wood, exposed brick and metal features, the walls behind the neon are black. An outdoor seated area is provided. In contrast The Manor is decorated with vintage wallpaper and woodgrain, styled with a classy 70’s theme. Location – The Hip-E club is located off Newcastle street in Leederville. Events – The Hip-E club and The Manor both focus on predominantly DJ performed music and little to no live events. Capacity – Little is known about either venue’s capacity. Overall – There is little to compare music and venue wise with these offerings, while fitting their own niche do not provide the same manor of trade being proposed by the applicant.

40

24.14 Jack Rabbit Slims Formerly known as Black Bettys’, is now run by the Boomtick group who are responsible for Lucy’s Love Shack in Perth. Established in 2015, is still a live music venue and is geared and targeted towards live performances with a variety of music on offer. Compared to 11:45 Fit-out – with various spaces, the venue provides booths and bench seats for those looking to indulge in a serve of fries, with black painted walls lined with decals that glow and the odd splash of colour included. The VIP upstairs resembles a back yard lounge area. Location – Jack Rabbit Slims is located on the corner of Aberdeen and Parker Streets in Northbridge. Events – Events appear predominantly covers or original artists, rock and DJ performances with special events held. Capacity – 400+ Overall – Jack Rabbit Slims provide a fries menu with an eclectic look and field, the target audience vastly different to those targeted by the applicant.

24.15 Kings & Angels

Previously known as the Dolls House on Charles Street, North Perth, still maintains the gentleman strip club and adult entertainment club experience.

Compared to 11:45 Fit-out – Little is known about the fit out of the venue. Location – Kings and Angels is located along Charles Street in North Perth Events – Little is known about the events at the venue. Capacity – Little is known about the capacity of the venue. Overall – There is no comparison to the venues, services, or offerings.

24.16 Library Club

The Library focuses mostly on Afrobeat and Hip Hop, while music delivery this is probably the only comparison to make between the venues and is used by groups who rent the use of the space for themed events. Compared to 11:45 Fit-out – with exposed brick, wood panelling resembling bookshelves and framing surrounding the venue with a Victorian leather tufted panels and chesterfield lounges scattered with gothic style furniture. The central bar distinguishes the venue and provides access for the dancefloor, while leaving the VIP section hidden to one side. The Library nightclub is distinguished over 3 levels. Location – Located on Lake Street in Northbridge. Events – The Library nightclub predominantly hosts guest DJ’s and the occasional local artists. Capacity – Little is published about the capacity of the Library nightclub. Overall – Overall, while events are held for Afrobeat’s and hip-hop once a week, it is not a fixed ongoing event, the venue lacks the sophistication the applicant is looking to bring to Perth.

41

24.17 Lucy’s Love Shack Managed by the Boomtick group, who also run Jack Rabbit Slims in Northbridge and previous owners of Club Villa, the Ambar is known for its Best nightclub – Perth Dance music awards for consecutive years, the Ambar was established in 2001.

Lucy’s Love Shack as it is known now, was opened in 2018 and is themed for the rock era from the 70’s through to the 90’s and with pizza until just before closing and provides booths and pool tables. Compared to 11:45 Fit-out – the walls are lined with old concert posters, rock stickers, graffiti, and news articles. Located downstairs in their Murray street venue, with booths available for a quiet drink and something to eat. A second bar provides ample seating and is more reminiscent of a restaurant than nightclub. Location – Lucy’s Love Shack is located on Murray Street, East of the Perth CBD. Events – Lucy’s promote local rock/ metal artists and has the occasional DJ. Live performances are their thing and they do it best. Capacity – Little is known about the capacity of Lucy’s Love Shack. Overall – While the genre of music is worlds apart, not much can compare to Lucy’s live music events, however, comparison wise the two venues and the themes are worlds apart.

24.18 Metro City Club

Metro City was the first modern club of its kind opened in 1996 with 3 levels and separate entertainment areas and has been a big capacity venue used for concerts and other live events. Is now largely an event space, for booked events and not the nightclub from its former glory days. Compared to 11:45 Fit-out – Metro City has a number of booths on the outer edges of the venue, as well as a number of bars located in strategic locations, with a number of floors and VIP areas, predominantly the fit out is dark. Location – Metro City is located on Roe Street in Northbridge. Events – Metro City is predominantly used for events only, from concerts, boxing and music events. Capacity – 2000 Overall – Metro City is the biggest of all clubs in Perth, however, the move to a predominantly events only space, leaves little to compare.

24.19 Old Values (Subiaco)

Previously known as Club Kahuna and Red Sea, while the name might be new, the venue has been around for several years. The fit out has been updated and so has the offerings and target audience.

Compared to 11:45 Fit-out – with a cross over theme using the industrial Victorian combination décor, they have reused and upcycled fittings, furniture and made the venue a truly unique space. Location – Old Values is located on Rokeby Road Subiaco.

42

Events – Focusing mainly on DJ music, the venue doesn’t host music events. Capacity – Little is known about the capacity of the venue. Overall – Aside from offering more substantial food than most venues and likely aligned with the applicant’s desired offerings, little else is comparable with the two venues.

24.20 Paramount Nightclub

Paramount nightclub has been around for several years and currently still target a younger demographic. Compared to 11:45 Fit-out – with a carpet lined bar, colourful large images lining the wall and lamp lights adorning the roof, and walls that are unusually for a nightclub painted in various shades of brown and blue. Location – Located at the west end of James Street in Northbridge. Events – Paramount is predominantly a DJ based music venue. Capacity – 900 Overall – There is little to compare between the two venues.

24.21 Rapture Nightclub Previously known as DV8, the venue was closed for a number of years before reopening as Rapture in 2018.

Compared to 11:45 Fit-out – With a lowered dancefloor, revellers can view the dancefloor from a raised surrounding platform. Wooden benches and lounges are dotted around the exterior of the venue along with a number of pool tables. Location – Rapture nightclub is located on James Street, Northbridge. Events – It does not appear that Rapture host events and is a Nightclub in a traditional sense. Capacity – No information is available as to the capacity of the space. Overall – attracting a younger crowd with advertised cheap drinks, the two venues do not compare.

24.22 The Republic

Touted as Perth’s premier RnB club, appears to be now run by Collar and Cuffs, promoting male strippers. There is not a lot more known about this venue. Compared to 11:45 Fit-out – No information can be found about the fit out of The Republic Club. Location – The Republic nightclub is located north on Lake Street, Northbridge. Events – No information can be found about current or recent events at the venue. Capacity – No information is available on capacity of the venue. Overall – Little to no information is available on the venue and its current use.

24.23 Club Villa

Villa promotes itself as catering for the touring DJ and exclusive events. Club Villa as a venue is used for a number of African based celebratory events, predominantly ticketed.

43

Compared to 11:45 Fit-out – with private VIP sections and booths available, predominantly the furniture and fit out at Club Villa is dark, with a raised second storey area around the main dancefloor and DJ stage. Location – Located along Stirling Street, Perth towards Highgate. Events – Villa promote a number of live events, and host various artists. Capacity – 900 Overall – While Villa has the capacity and is designed for large scale music events, it does not have a particular focus and as a result is little to compare with the proposed venue.

44

25. Harm of ill Health - Section 38(4)(a)

List any ‘at risk’ groups or sub-communities within the locality, travelling

through the locality or resorting to the locality? 25.1 Any person or group is at risk within the locality; however, these risks are reduced

by the strategies to be implemented by the applicant for the venue, including security, both physical and digital coverage monitoring.

25.2 At risk groups include but are not limited to21:

Migrants, this can be due for several reasons, as misunderstandings, cultural norms of staring, where not acceptable to other cultures. Can include the lack of English and ability to communicate effectively. Women, particularly those who travel alone through the city at any time, but especially at night-time are at risk of violence. Aboriginal and Torres Strait Islander Peoples, at the 2016 census, there were 8 people who identified Aboriginal and Torres Strait Islander peoples within the immediate vicinity. • The City of Perth at the last census recorded 120 ATSI people within the city. • It is noted however that ATSI people are likely to frequent the area for work,

study, and other recreational activities. However, this does not indicate their vulnerability.

• Of those who identified as being from Aboriginal heritage in the 2016 census, they make up less than 1% of the City of Perth population.

Tourists, like migrants can be at further risk due to lack of communication and English, but also increases for this group due to lack of familiarity of the area and surrounds, meaning increased risk of getting lost. This group are less likely to understand the effects and use of alcohol and other substances within Australia and may not perceive risk the same as Australians who are familiar with these effects. Homeless are at risk for several reasons but are at increased risk at night due to those under the influence looking to cause trouble and use homeless people to take their aggression out on. In addition, homeless people use alternative substances to alcohol to achieve the same level of intoxication and can be affected by other mental, health and physical issues. Young people, the applicant has identified young people as those under the age of 18 years.

• At the 2016 census there were 13 young people between the ages of 12-17, 0 between the ages of 5-11 years and 9 aged 4 and under within the vicinity.

• This will obviously have changed with those people moving through the age brackets over the last four and a half years.

• Young people are likely to travel through the vicinity for a number of reasons, including travelling to and from education facilities, work or recreational activities.

21 https://atlas.id.com.au/perth

45

• It is less likely that during core business hours that young people will be in the vicinity, however, it is likely that young people will visit hospitality venues and other venues such as His Majesty’s theatre during this time.

25.3 Other people likely to travel through the locality given the demographics are office

workers, particularly those leaving or attending work later in the evening. 25.4 The area has a high saturation of hotels, 8 are located within a 500m radius of the

venue, this potentially places increased risk to guests staying in those hotels who may transit through the area; however, a number of other late-night venues are present in the area and are located closer to these venues. As a result, the applicant does not believe that the addition of this venue for the purpose of a Nightclub will significantly increase the risk to these people transiting through the vicinity.

25.5 Activating the space at night may reduce the likely harm to any of the ‘at risk’ groups through passive surveillance, activation and lighting discussed in Section 5 (pg 9) above.

26. What are the social health indicators for the locality? 26.1 City of Perth snapshot from 201622, states that the city receives 2.4 million visitors

a year and is currently home to 24,000 residents. 26.2 Western Australia on 30 June 2020, had a population of 2.6 million with just over 2

million of these residing in the greater Perth area (Two rocks to Mandurah, Chidlow in the east) and has seen this grow predominantly due to overseas migration and natural increase. Western Australia had 32,000 births in June 2020, 26,000 international arrivals and 29,000 interstate arrivals. Note that these figures are impacted by COVID-19.

26.3 Western Australia23 has the highest proportion of overseas born residents at 35%,

4% higher than Victoria. Majority of those come from England and New Zealand. Western Australia has the second highest migrant intake of 2019, approximately half of Queensland’s intake of 32,000. Perth24 was recorded as having approximately 13,000 overseas migrants call it home.

26.4 ABS also places the Greater Perth area’s median age at 36.7 years. 26.5 Approximately 42,000 people in the area identified as Aboriginal or Torres Strait

Islander descent. 26.6 13% of Aboriginal and Torres Strait Islanders identified that they drank at levels

that exceeded the lifetime alcohol risk levels, which increases that instances of impacts to health and other socio-economic factors.

26.7 Accommodation and food services are the 7th highest employer of Western

Australians with 6.5% of the population employed in this industry.

22 https://www.perth.wa.gov.au/en/future-perth/community-snapshot 23 https://www.abs.gov.au/statistics/people/population/national-state-and-territory-population/jun-2020 24 https://www.abs.gov.au/statistics/people/population/migration-australia/2018-19

46

26.8 To December 202025, international visitors to Western Australia were still high, although significantly decreased from 2019, likely due to COVID-19 and border restrictions.

26.9 Western Australia saw the arrival of approximately 9,000 immigrants, down

significantly on 201,000 in 2019. These were made up of those on family, skilled/ work, or student visas.

26.10 According to the AIHW, in 2014-15, Perth residents were on average 19% likely to

consume more than two standards drinks on any day.

26

25 https://www.abs.gov.au/statistics/industry/tourism-and-transport/overseas-travel-statistics-provisional/dec-2020 26 https://www.aihw.gov.au/reports-data/indicators/healthy-community-indicators/national/all-australia/alcohol/alcohol?tab=IND0022|Map

47

26.11 The highlights from the Alcohol, Tobacco & Other Drugs Survey in Australia (15

Dec 2020) and the National Drug Strategy Household Survey 2019 above, show relatively low percentages of risky behaviour when it comes to alcohol. In fact one in 5 people consume alcohol at a level that doesn’t put themselves in risk. 75% have consumed alcohol at levels that will not place themselves at risk of harm, 6 in 7 consumed less than 11 standard drinks, showing that the risk level and risky behaviour is far less prevalent than those who display risky behaviour while consuming alcohol.27

26.12 This is not to discredit those who participate in risky behaviour, however, most

people from this research appear to understand the overall effects on alcohol and the risks associate with over consumption.

27 https://www.aihw.gov.au/reports-data/behaviours-risk-factors/alcohol/overview

48

26.13 The above graph shows the steady decline of the consumption of beer and alcohol overall, with a leveling of consumption of spirits and slow increase of wine consumption.

49

28

28 https://www.aihw.gov.au/reports-data/behaviours-risk-factors/alcohol/data

50

26.14 Key points29 • Drinking behaviours, adults abstaining from alcohol has increased 2% in 3

years to 2019. • Men are at a higher risk of alcohol related harm than women (26% of men,

compared to 9.9% for women) • In 2019, young people aged 18-24 are the most likely to consume alcohol at

levels which exceed single occasion risk guidelines at least once a month (41%) but are less likely to drink at levels which exceed lifetime risk guidelines.

• Those whose main language at home is not English are more than 10% less likely to exceed both the lifetime and single occasion risk guidelines.

• Those in major cities are also less likely to exceed these risk guidelines. • In 2017, alcohol induced death was 5.1% per 100,000 population. • Hospitalisations from 2013-14 to 2017-18 increased by 8,000 across Australia.

26.15 In 2019, the Australian Institute of Health and Welfare surveyed Australians on

their drinking habits. The data below compares Western Australia (by age group) to the rest of Australia: • Those aged 18-24 are:

- 20% less likely than the overall Australian population to drink daily. - 27% less to drink monthly and - 16% more likely to drink weekly. The same results compared to the last survey in 2016, shows a 3.3% decrease in daily drinkers and an 11% decrease in those that drink monthly. Positively WA saw a 5.3% increase of 18–24-year old’s who never finish a drink and that is 78% above the overall Australian population.

• Those aged, 25-29 are: - 64% more likely than the rest of Australia to drink daily, however this only

makes up less than 3% of the total drinkers in this age bracket and should be seen as a positive.

- 66% of drinkers in this age bracket drink weekly or monthly, - 32% of drinkers drinking less than monthly or barely drinking at all. Compared to 2016, there has been a 10% increase in people drinking monthly in this age bracket and this is a 30% increase on the Australian population.

• Those aged 30-39 are: - 38 % more likely to drink weekly - 36% likely to drink monthly or less than monthly. Compared to the rest of Australia, Western Australians are 75% more likely to drink monthly.

• Those aged 40-49 (43%) drink weekly, compared to 33% who drink monthly or less than once a month.

26.16 In summary, Western Australians are less likely to be risky drinkers and the

statistics show that those at higher risk do not fall within our target market. The highest percentage of our target market drink predominantly weekly as a higher percentage, as an average of 37%.

26.17 19.8% 30of the WA Police budget is spent on responding to alcohol-related

incidents.

29 https://www.aihw.gov.au/reports/australias-health/alcohol-risk-and-harm 30 http://shareyourshout.com.au/198-of-the-wa-police-budget-is-spent-responding-to-alcohol-related-incidents/

51

26.18 “Examining Australia’s heaviest drinkers31” published by Michael Livingston and

Sarah Callinan, in the Australian and New Zealand Journal of Public health in April 2019, states that 10% of the heaviest drinking population consumed more than 54% of all alcohol consumed. Heavy drinkers were likely to be men who lived in regional or remote areas.

It also highlights that economic variables had no relationship with whether a respondent was in the heaviest drinking group.

Their finding goes on to say that heavier drinkers purchase cheaper alcohol than other drinkers, suggest that interventions targeting cheaper alcohol may be effective with that group.

26.19 In 2009, Coakes Consulting made a submission (Submission 4532 – WA Nightclub

Association’s “Response to WA Police Report, ‘Is your house in Order? Re-visiting Liquor Licensing Practices and the Establishment of an entertainment precinct in Northbridge’), recommended ‘Facilitate the establishment of alternative nightlife options in other precincts such as the CBD and other inner-city areas of Perth’.

Coakes consulting in response to the Police report go onto say, ‘Alcohol is likely to be related to such behaviour, but the extent to which it directly causes aggressive behaviour is unknown. The term “alcohol-related” is often used loosely to describe incidents in which the offender/victim has consumed alcohol, even when the role of alcohol in the event is unclear.

It is reasonable to assume that many of the incidents that occur on weekends involve people who come to the area for entertainment purposes, many of whom are likely to drink during the course of their night out. As such, the fact that a large proportion of incidents in Northbridge could be classified as “alcohol-related” does not necessarily mean they are caused by alcohol consumption. Instead, it should be recognised that because on weekends there are a high proportion of people in Northbridge who have consumed alcohol, it is a statistical inevitability that the majority of offenders/victims will also have consumed alcohol.

The presentation of these findings is not intended to undermine the seriousness of the problem in Northbridge or the role of alcohol in nightlife violence. Nevertheless, it is important to recognise where assumptions are being made in the Police report in relation to cause and effect.

Nightclubs, on the other hand, are primarily entertainment environments. Under the Liquor Control Act (1988), nightclubs are required by law, unlike hotels, to provide continuous entertainment to their patrons. As such, they exist to provide entertainment and any alcohol sold is ancillary to that entertainment. Most nightclubs in Northbridge have an entertainment “niche,” typically a style of music that appeals to their patrons and for which their patrons are willing to pay an entry

31 https://onlinelibrary.wiley.com/doi/full/10.1111/1753-6405.12901 (accessed 12 February 2021) 32 Submission 45, “Response to WA Police Report, ‘Is Your House in Order? Re-visiting Liquor Licensing Practises and the

Establishment of an Entertainment Precinct in Northbridge’.

https://parliament.wa.gov.au/Parliament/commit.nsf/luInquiryPublicSubmissions/51865118730870AE482578310040D1E4/$file/

Sub%2045%20WA%20Nightclubs%20Association.pdf

52

fee. In some cases, nightclubs sell presale tickets for nights in which high profile DJs from overseas are invited to play music. Door charges and presale tickets not only cover the cost of providing high quality entertainment, but also serve to generate a separate revenue stream, meaning nightclubs’ profits are not solely dependent on the sale of alcohol. Furthermore, door fees also act as a “filter” by selecting out individuals who are not willing to pay for the entertainment provided.

26.20 The original police report, prepared in early 200933, ‘Is your house in order? Re-

visiting liquor licensing practices and the establishment of an entertainment precinct in Northbridge’, discusses the demand on police and ambulance services between the hours of 11pm and 3am on weekends.

In the introduction the police report acknowledges that safe community strategies

had failed in Northbridge and premises on an individual level met the requirements for ETP applications, the applications were not considered in the broader community context.

The report quotes another published by Safer Northbridge Committee in 2006,

titled Wipe your feet we’re cleaning up Northbridge, in answer to What Northbridge needs, states ‘We are trying to bring a European ethos to the consumption of liquor when our Anglo outlook celebrates the excessive consumption of liquor as some sort of “rite of passage”. We need to learn to enjoy the consumption of alcohol as opposed to merely using it as a tool to get intoxicated. This goes to the heart of our maturity as a nation, with heaving drinking a badge of excellence that is proudly worn by men and increasingly women’.

The applicant agrees with this quote and is another reason they are keen to open

a venue for the older demographic, where the true clubbing experience is about more than being intoxicated. Clubbing is about the entire experience; alcohol should be a smaller rather than large percentage of that experience.

26.21 A Price Waterhouse Coopers health research unit report on Social determinants of

health in Australia reported that 52% of those surveyed believed that individuals are responsible for their own social determinants of health.

They go on to discuss the implications of inaction and note that a third of Australia’s disease burden is caused by factors that are preventable, such as smoking, excessive alcohol consumption and insufficient exercise.34

26.22 The Australian Bureau of Statistics based on the National Health Survey 2018 and

consumption of Alcohol by men, states they are more likely to consume alcohol than those born overseas (68% compared to 80%) and both showed the same decline in the proportion of drinkers.35

33 https://www.police.wa.gov.au/~/media/Files/Police/Publications/Is-Your-House-In-Order--April-2009.pdf?la=en 34 Bold action needed on social determinants to improve health outcomes, by Nathan Schlesinger and Sarah Phillips,

https://www.pwc.com.au/health/health-matters/social-determinants-in-health-australia.html#content-free-1-c955 35 https://www.abs.gov.au/statistics/health/health-conditions-and-risks/apparent-consumption-alcohol-australia/2017-18

53

Age group - 25-29 – Alcohol consumption in Australia

Age group - 30-39 - Alcohol consumption in Australia

54

Age group – 40-49 – Alcohol consumption in Australia

36 26.23 The Australian Institute of Health and Welfare hospital data Table 12 of report

H063237 shows that, Royal Perth hospital for 2019-20 recorded 70,000 people presenting to emergency, two thirds of these presentations were rated as resuscitation, urgent and semi-urgent, this was down on the 73,000 in the 2018-19 period.

26.24 This information does not provide detail as to the cause of the presentations.

70,000 is less than 10% of the stats total of 929,000 cases presented to emergency departments across the state.

26.25 Fiona Stanley 38 in report H0746 shows that in 2019-20 they saw 101,000 cases

present to emergency, of which 70% were classified as Resuscitation, Urgent or Semi-Urgent, making 10% of the total admissions.

26.26 These two hospitals are likely to be the two that would receive any cases of

emergency from within the CBD. 26.27 WA Police reported 205,000 offences in the 2019-20 year for the metropolitan

area. 77% of the total 265,000 for the whole of WA in the same period. 26.28 Perth reported 10,000 offences, 5% of the total metropolitan region’s offences,

with more than 30% being stealing offences, while Northbridge recorded only 3,000 offences.

36 https://www.aihw.gov.au/reports/alcohol/alcohol-tobacco-other-drugs-australia/contents/interactive-data/alcohol 37 https://www.aihw.gov.au/reports-data/myhospitals/hospital/h0632 38 https://www.aihw.gov.au/reports-data/myhospitals/hospital/h0746

55

26.29 These differences can be attributed to several factors, due to the increased number of residential and retail premises within the Perth area, compared to northbridge where over 50% of cases were a combination of stealing, fraud offences, drug offences and assaults.

26.30 The trend for Perth and Northbridge, more than halfway through the 2020-21 year,

shows a decline in offences in both areas with 1,500 cases reported in Northbridge and 4,200 in Perth.39

27. What are the proposed strategies the applicant will implement to

minimise harm or ill health? 27.1 With a kitchen to be installed, food will be readily available until close, with the

options to provide takeaway breakfast options on close. 27.2 Food will be prepared and stored appropriately as per the City of Perth Health

guidelines and the kitchen will be retro fitted for the purpose of making, storing, and selling food items for quick consumption.

27.3 This will reduce the likelihood of food poisoning or spoilt food being served to

customers. 27.4 In addition to this, low and non-alcoholic drinks and water will be provided upon

request and be strongly recommended to those patrons who staff believe may be reaching a level of intoxication.

27.5 Security will be employed to monitor the exterior and interior the premises. 27.6 Security will include CCTV cameras inside and on the exterior of the building,

which will cover all exit points, and be able to be monitored 24/7. 27.7 This allows the applicant and the venue to in the event of harm or ill-health,

provide evidence of the event from the venue. The cameras will be suitable for a club environment and be infrared enabled, with high quality megapixel rates. In addition, footage will be stored for two weeks and with play back capabilities, should the need arise.

27.8 In addition, at least one staff member on duty at all times will be fully trained and

capable in First aid, as well as all security guards having first aid certificates as part of their training.

27.9 First aid kits will be available throughout the ground floor, in the kitchen, behind

the bar and at the entry of the premises. 27.10 The venue will be fully fire and safety compliant, being designed to the National

Building Code 2019 code requirements, which will ensure appropriate fire and exhaust mitigation, and fully accessible to wheelchair and disabled patrons.

39 https://www.police.wa.gov.au/Crime/CrimeStatistics#/ https://apo.org.au/node/219036

56

27.11 In addition this will ensure full building safety for the prevention of injury due to fire or smoke. Exits will meet all relevant guidelines under the same code.

27.12 In an attempt to not have people waiting outside for entry for extended periods of

time, it is proposed that the club’s website will provide an opportunity for patrons to pre-purchase entry into the club and this will be contingent on ID verification only prior to entry, fast tracking those with tickets.

27.13 Staff will provide on request by patrons, taxi and ride share booking services. 27.14 In addition to this for organised events, the applicant proposes to pre-book maxi

taxi’s or buses to be paid for by the business for patrons to access and be driven safely to train and bus stations or hotels in the area. This will ensure patrons are not roaming the streets and are less likely to endanger themselves or others.

57

28. Impact on amenity – Section 38(4)(b)

40

500m from venue location

41

40 https://www.scribblemaps.com/create/#/lat=-31.9527605&lng=115.8538169&z=14&t=hybrid 41 https://earth.google.com/web/search/853+Hay+Street,+Perth+WA/@-31.9527624,115.85383276,20.21033824a,878.03959244d,35y,-81.94733065h,44.99998641t,0r/data=CoMBGlkSUwolMHgyYTMyYmFkNDk1MmY4NTcxOjB4OGE5ODIwOGE4NzRkYTU2ZRmta7Qc6PM_wCFqkaPvpPZcQCoYODUzIEhheSBTdHJlZXQsIFBlcnRoIFdBGAIgASImCiQJ0R28nDHzP8AR3yCX7Gb1P8AZct1drzn3XEAhWWSYrRr2XEA

58

28.1 Please see attached Appendix 07 – Surrounding businesses listing, based on location walk arounds and Google maps look-ups.

28.2 The amenity of the area is predominantly retail and corporate businesses.

Ranging from hospitality businesses, office-based businesses, clothing and other retail business. These businesses are frequented predominantly from 6 am in the morning until 6pm at night.

28.3 A small number of hospitality businesses within the area are open after 6pm until

12 and 2 am in the morning. 28.4 In addition to this, there are eight hotels in the vicinity, allowing for a number of

tourists to visit and spend time and money within the immediate vicinity and not further afield.

28.5 There are Apartments located in Durham House via Munster Lane. 28.6 There are 8 hotels within 500m of the venue.

501m – 2 kilometres City of Perth42 28.7 The City of Perth residents come from 68 different ethnic backgrounds, while

workers in the city come from 196 different ethnic backgrounds. 28.8 It is estimated that within the LGA precinct there are 300-800 people who are

homeless each night, including those in boarding houses, or couch surfing. 28.9 55% of residents are aged 20-39. 28.10 Businesses - 11% of businesses in the city of Perth are finance and insurance

based, while 12% are professional, scientific, and technical services based. 40% are mining businesses.

28.11 The broader area of Perth 501 meter to 2 kilometres from the venue, includes a

number of residences, these include high density residential towers, in East Perth, with some dotted through the CBD along Hay Street leading to East Perth. In addition, there are a number of high-density apartments to the west of Milligan Street, and further throughout West Perth.

28.12 In addition, smaller volume housing is located throughout Northbridge, including townhouses, small apartment complexes and higher density on Stirling Street.

28.13 The 501m to 2-kilometre boundary, area includes Northbridge and extends through to East and West Perth. This area is used for retail and office space through-out, with opening hours ranging from standard core business hours to extended hours, depending on the purpose of the business.

28.14 Within this zone, is included the Royal Perth Hospital and the Mount Hospital.

42 https://www.perth.wa.gov.au/future-perth/community-snapshot/people-and-culture

59

28.16 Within this boundary, there are two additional schools, both located at the East end of the city, these include Curtin University Business and Law School campus on Murray Street and Mercedes College near Victoria Square.

28.17 There are a number of denominations of churches located within this zone, predominantly located on the East or North East side of the City of Perth.

29. How will the proposed premises integrate with the amenity of the

locality (both positively and negatively)? 29.1 A report titled, “A guide to managing your night-time economy”, puts the positives

and negatives as a planning issue and puts it as simply as this: ‘The difference is not in activity, but in perception. The night is perceived as a negative space where crime and conflict are exacerbated. As a result, cities and places are planned for the daytime, but licensed and restricted at night. This creates a proactive, strategic approach to managing daytime uses (such as schools, retail parks, shopping malls, office buildings), but a reactive process for managing the night. There are few long-term strategic plans for managing and maximising the benefits of the night-time economy.43 The perception of these economies is also different: daytime is for work and night-time is for fun. However, in order for the fun to exist, people have to work — in the creative and cultural sector, health and social care, transport and logistics, and so on.

29.2 The venue itself will not be the only nightclub in the immediate vicinity, there are

two other venues with Nightclub licenses, Magnet House and The Sewing Room that have Nightclub licenses. In addition, there are a number of other late-night venues with various licenses as shown in Appendix 06 - Licensed premises list, that trade within the area.

29.3 The venue while not limiting the target audience, will provide regular entertainment

through DJ and Live performances targeted at Afrobeat’s and culturally diverse groups, including language performances (other than English), celebrating the cultural groups that call Perth home.

Negatively 29.2 Noise management – While the nature of a nightclub and the licensing

requirements is to provide live music, it will be imperative for the applicant to ensure that noise control outside the venue including the vibrations of base are where possible reduced to lessen the impact to the surrounding amenities, including residences.

29.3 Street noise – As a by-product of people trying to enter or leave the premises, it is likely that people who are already drunk or under the influence in anyway, may be rowdy and increase the street noise around the premises.

43 https://static1.squarespace.com/static/593eb2a837c58172ed556cbb/t/5b1a972788251bc92cb91c0b/1528469294377/663+SOUND+DIPLOMACY+Night+Time+Booklet_English_V7_small.pdf , page 10

60

29.4 To mitigate this the applicant proposes to have available the ability to pre-purchase entry to the venue, allowing fast tracking of those patrons with tickets post ID verification fast access into the venue, therefore minimising the impact of excessive people waiting on the street.

29.5 People who are refused access or clearly intoxicated from outside of the venue will

be asked to leave. Those who continue to cause excessive noise and disturbance will require security to be directed to call police where imminent threat to people and property is evident.

29.6 Additional disturbance and vibrations could have a longer-term effect on the

heritage listed buildings surrounding the premises including His Majesty’s Theatre and along the opposite side of Hay Street. Vibrations over a period can cause cracks in buildings, particularly heritage listed buildings.

29.7 Due to 29.6 that an acoustic test will be undertaken, not only for noise emission,

but for the effects on vibrations.

Positively 29.8 The applicant hopes to form good collaborative working relationships with venues

such as His Majesty’s theatre to host joint or rolling events, allowing shared space use for performers and audiences of shows at His Majesty’s to utilise the space for after parties. There is potential to work with surrounding businesses for launches and promotions, such as Gucci, Louis Vuitton and other premium brands.

29.9 The applicant will work with hotels within the vicinity to offer special entry rates or

discounted pricing for entry to normal events or for ticketed events. This is beneficial to hotels and local businesses, allowing visitors to spend money in the immediate area and not having to go to Northbridge for a nightclub and afternoon drinks.

29.10 Due to the evening and late-night nature of the business to early morning, the

venue being open will deter vagrants and homeless people from congregating in the area. In addition to this having the venue with lighting will deter and reduce graffiti or anti-social behaviour in the area.

29.11 Passive surveillance in the area will include the addition of security camera’s

outside of the venue, including the front of the space, down the lane and out the back. This will allow better access to surveillance in areas not currently covered by security coverage. This will include sensor lighting in the lane way and the back of the property, which will deter people from congregating in the area.

29.12 Passive surveillance will be increased also in areas such as increase of vehicle

traffic and foot traffic to the area. 29.13 The venue will provide an option for patrons currently missing in the evening to

late night entertainment offerings within the City of Perth. The entertainment provided will provide CaLD artists the opportunity to provide entertainment in a mainstream arena and allow celebrations of cultural independence and milestone events.

61

29.14 The venue will provide a safe option for older club goers and allow them to enjoy the night out, without being harassed by younger people or those out looking to cause trouble, similarly to what occurs in Northbridge.

62

Tourism, community or cultural matters – Section 38(4)(ca)

What will the positive recreational, cultural, employment or tourism

benefits for the community? • Keeping people in the Perth CBD • Keeping people out of northbridge • Alternative options for cultural music • Employment – students, international students • Culturally and Linguistically diverse groups

30. Tourism 30.1 While people do not undertake tourism type activities with the intention of seeking

out Tourist hot spots as nightclubs, it is likely that people who visit the City of Perth are younger couples who may attend clubs.

30.2 Intrastate Tourism in part is drawn from people coming to Perth for the purpose of

work, it is well known, that when international artists visit Perth for concert series or other large sporting events, people from across the state venture to Perth for the purpose of attending the concert, those people will by large go out after a concert that finishes between 10 and 11pm and will book accommodation in Airbnb’s, hotels, or motels.

30.3 It is likely that these people would maximise on their time in Perth by staying for

longer than necessary to shop and purchase items or undertake activities unavailable in their hometowns.

30.4 Tourism WA’s Two-Year action Plan 2018 and 2019 does not focus enough on

intrastate travel, unlike the WA Governments ‘Wonder Out Yonder’ campaigned, designed to get people travelling within the State, however failed to focus on bringing people to the City of Perth.

30.5 With several measures from the current Labor Government put in place to cap

regional airfare prices, this would expect an increase of intrastate tourism. 30.6 Now with over 30 hotels in the CBD area, this allows for an increase in visitors,

providing more option than over the past 10 years. 30.7 According to Tourism WA’s Overnight visitor Factsheet 2019 – Destination Perth44,

Perth saw over 3.1 million intrastate visitors, who spent 1.1. million dollars, staying on average 3 nights. • 75% of these visited Perth for holidays or visiting friends and family, this is

24% more than interstate travellers. • 74% of these people were aged between 20 and 64 years of age. • 36% were travelling alone, compared to 16% in family groups or 26% as a

couple. • 84% stayed 1-3 nights.

44 https://www.tourism.wa.gov.au/Publications%20Library/Markets%20and%20research/2019/Ad-

hoc/Tourism%20Region%20Factsheets/Tourism%20Region%20Factsheet%20-%20Destination%20Perth%20YE%2019.pdf

63

• 88% of International travellers visited Perth for a holiday or to visit friends and family.

• 50% of these visitors travelled alone. • 83% of these were aged between 20-64 years of age. • 63% of these overseas visitors stayed 1-7 nights. • With over 20% staying for more than 15 nights.

30.8 Interstate travellers are 48% more likely to travel for business, compared to 22%

visiting for holidays and is likely to account for the large percentage of those travelling alone (43%) and staying 1-3 nights being over 55%.

30.9 Consistently Perth rates as the highest visited Local Government area across the

three demographic groups. 30.10 A Faster Horses 45presentation to Tourism WA in 2017 on Perth Entertainment

precincts found that Perth CBD was still the most visited entertainment precinct, but only rated highest for attracting shoppers, while Northbridge saw the highest number of people attending for Nightclubs. Subiaco beat Northbridge and Perth for events.

30.11 The in the top reasons why people didn’t visit the entertainment precincts

was not being safe and not a big enough range of venues/ entertainment. 30.12 And yet Perth saw the second highest diversity in Precincts, second to Fremantle,

but ahead of Northbridge. 30.13 It was rated highest in A place I enjoy visiting and a good range of suitable venues

and mix of activities, second to Fremantle, but highest rated in Taxi/ Uber readily available and easily accessible by Public transport. And for all these areas, rated higher than Northbridge.

30.14 Sadly only 11% of the people surveyed visited nightclubs. 30.15 People chose venues for their value for money, safety of the venue, the

atmosphere and whether food was served. 30.16 20% of people surveyed in 2017 wanted to see more nightclubs and while not high

overall, it does demonstrate a need for more options. And on average people spent about $66 at a nightclub, the third highest expenditure out of all of the licenced venues.

30.17 86% of people surveyed specifically on nightclubs, said that they weren’t

interested in this type of venue. 30.18 Key findings were, offering a good range of venues and activities is the most

critical factor, that vibrancy is the primary driver of delight, safety is a hygiene factor, and precinct access is a primarily a visitation enabler.

45 https://www.tourism.wa.gov.au/Publications%20Library/Markets%20and%20research/Specialised%20reports/Perth-

entertainment-precints.pdf

64

30.19 Given the visitor rates to Perth, focusing on local visitors, clearly shows the need for more diversity in venues and for venues to do better for their patrons, offering safety, value for money and a place that is suitable.

31. Employment 31.1 The business is likely to employ a variety of people in varying roles throughout the

business trading hours and outside of these hours for management of the business overall. Composition of those being employed in the businesses are projected to look similar to this:

Manager – Employed full time for recruitment, overall management of the venue and oversight for a minimum of 30 hours a week and may be a job share opportunity. Administration Officer – employed part-time to process payments, filing, general paperwork duties and payment of staff, entailing about 15 hours per week. Bartenders x 12 – These will be split across the two levels and be a combination of full-time and part-time staff. Responsibilities will include responsible service of drinks, providing reports back to the manager on duty and working with other staff. At least 3 of these people will hold an Approved Managers certificate and be appropriately trained to manage staff. Hours for these staff will vary, depending on functions, but on average each staff member will be given 15-20 hours per week. Glassies x 4 – These will be employed part-time or full-time. Glassies will be responsible for collecting glasses and rubbish through the venue during service of trade. Similar to the above bar staff, glassies will likely be employed for 15-20 hours per week. Cleaners x 4 – At least two cleaners will be employed full-time or contracted to a third-party agency and will be responsible for maintaining the venue in a clean and tidy state. Cleaning will occur after each operating night and will likely take 3 hours in each instance, operating at a minimum of 4 nights a week, then this will provide a little more than 10 hours a week. Chef – a Chef will be employed to design and manage the kitchen and create the menu, ensuring that this is maintained and up to date, this person will be responsible for the training of sous chef employees to ensure consistency of presentation and quality of food. It is likely that this person will be part-time, with a minimum of 30 hours. Sous Chef, Chef de partie x 4 – at least 4 part-time Chef de Partie or sous chefs will be employed to be present and the venue to assist the head chef and continue to provide service of food throughout the evening. These will be required at different points of the evening, through to the morning trading time. Minimum hours required will be during peak periods and throughout the evening, with at least 15-20 hours available for each person. Security guards – Security guards will be sourced from a reputable company who provide similar crowd control services and have well trained reliable security

65

guards. Under current recommendations46, 2 guard is required for the first 100 and 1 guard for every 100 after that. With that calculation, at capacity the venue will require at least 9 guards, working 6-10 hour shifts again depending on peak periods and trading. Marketing manager – one marketing manager will be employed part-time to manage any changes to the website and social media posts and interactions. This may be a direct employment or through a service provider for a minimum of 10 hours a week. Door staff – at least two door staff will be available on busy nights and one during quieter periods to assist the security in collecting any entry fees and checking of ID for all patrons entering the premises. Likely that there will be three door staff employed, one being full-time and two being part-time, and will be required for 5-8 hours each shift.

31.2 The business once operational has the potential to employ a minimum of 37 people, providing a minimum of approximately 500 hours of employment a week and with an average wage of $25 an hour, will inject a minimum of $12,000 into the economy. This is significant employment for a small business and has impact into the economy for these people to contribute to spending in the Western Australian economy.

31.3 The employment increases the ability engage part-time and full-time staff for a

variety people with skills across the business and contributes to the economy through wages spent on recreational activities, reinvestment into the state to boost the economy. This can include students, parents, and other skilled and unskilled workers.

31.4 The introduction of the rooftop bar will additionally provide jobs for at least an

additional four people at a minimum, with one bar staff member employed to monitor the use of the cocktail machine and consumption of alcohol. In addition to this staff member then at least one security guard.

31.5 During peak periods of operation then this will likely increase to seven or more

staff, providing service assisting at the cocktail machine, at the additional bar available, security and a cook preparing pizzas.

32. Cultural benefit 32.1 As mentioned in Section 11 (pg 17) of this document, the venue is targeting

predominantly Afrobeat’s as a genre of music to focus on over all other genres. 32.2 The applicant intends to heavily promote CaLD groups and artists to perform and

promote themselves through the venue and any events. 32.3 Additionally, the venue will be promoted for cultural celebration events, including

Independence Days celebrated by many African countries throughout the year. The applicant intends to invite the associations for those countries where they exist to host celebrations at the venue.

46 https://www.dlgsc.wa.gov.au/department/publications/publication/safety-and-security-at-licensed-premises-

policy

66

32.4 The applicant has already had a number of associations and community leaders of African communities reach out for bookings to a venue that hasn’t commenced trading for 2022 and has had a number of enquiries for entertainment management companies who focus on African artists to host concerts and after parties in the venue.

32.5 The applicant has had interest from a Sri Lankan DJ who from time-to-time

organises cultural events and performances by a Perth based Sri Lankan singer and band, who struggle to find suitable venues to host performances.

32.6 It is expected that this space will be available for cultural celebrations through

private bookings and open events. 32.7 The opportunity to host cultural music events and artists, increases the exposure

of native language performances to a wider audience, aiding in reconciliation and opening conversations on migration and culture.

33. Economic benefit 33.1 The applicant sees that the approval of the venue will have significant economic

benefits to the Central City – West precinct and the area’s leading to the main CBD districts, particularly over evenings and weekends where the precinct is generally quiet after 6pm.

33.2 The applicant anticipates the hotel visitors within the area, which there are 8 are

likely to venture out and if clubbing is on the agenda, stay in the immediate area, rather than travelling away from the area.

33.3 Business for local retail and other food venues will likely increase, as an option to

go out later, will provide the want for food in the area prior to clubbing, much in a similar way Northbridge enjoys a series of dinners prior to clubbing.

33.4 It will likely boost the local hotel stays within the area as people travelling or

enjoying staycations are likely to stay closer to the venue, they intend on attending than far away.

33.5 The business is likely to boost employment of the area, both immediate and

greater Perth, with the requirement for bar staff, security, kitchen staff and management and other support staff. These will be sought locally, and the employment of Perth residents will be beneficial to live closer to home, easier access travelling to and from work, and inevitably will enable more spending in the greater City of Perth area.

33.6 Australia’s Night- time economy employs over one million people and is connected

to 25% of all jobs. 33.7 In the 2019, Measuring the Australian NTE 201847 – final version, Western

Australia is reported to have approximately 10,000 people employed in the NTE

47 http://www.lordmayors.org/wp-content/uploads/2019/09/Measuring-the-Australian-

NTE_2018_FINAL_OnlineVersion_2019-09-02.pdf

67

(Night time Economy) sector in Perth alone. Attributing over 70% of the Core NTE turnover being from food, with only 10% coming from drinks.

34. Recreational 34.1 The venue is intended for the more mature demographic, targeting predominantly

those aged between 25 and 50 years of age, however, it is likely there will be people outside of those demographics attending the venue.

34.2 With a dress code in place, this will provide a level of distinction to other clubs for

the patrons attending, the venue will provide a broader entertainment option with the difference in offerings of music, and aimed at a broader demographic, will give that demographic age range a venue suited to them.

34.3 The venue will provide a nightclub aimed at the full nightclub experience, not just

drinking and dancing. The venue will provide food, seating and a quality fit out for patrons.

34.5 The venue is intended for a whole of experience location, where people can enjoy

the atmosphere, music, enjoy food in a relaxed comfortable environment and dance.

34.6 It is intended that the rooftop bar will provide a more laid-back experience with live

music providing entertainment to the venue during earlier hours of the evening/ night time.

34.7 The rooftop will provide an alternative venue for those seeking a rooftop venue for

after work drinks and live entertainment. 34.8 The venue will be promoted to visitors to Perth through the surrounding hotels

providing a closer alternative for a nightclub and live entertainment venue.

35. What consultation with local government regarding the proposed

premises has been taken into account in establishing a business

plan? The applicant has been working closely with the City of Perth in relation to this application and the concept designed and technical advancement of the proposed business has been welcomed and actively encouraged. The applicant has been working closely with Ben Sharman who is a planner with the City of Perth.

36. If you intend to sell packaged liquor, provide the name and

address of all existing licensed premises within the locality? The applicant does not intend to sell packaged liquor. There is currently a bottle shop within 81 meters and there would be no requirement to do so in direct competition with the business. In the instances of an additional COVID-19 or other pandemic lockdown, where packaged takeaway alcohol sales are permitted, then it may be likely in the

68

absence of the bottle shop being open the applicant would exercise the option to sell packaged liquor.

37. If you do not intend to sell packaged liquor, provide the name and

address of all existing licensed premises within 500 meters of

your premises? • Please see Appendix 06 - Licensed premises list for a full detailed list of

licensed premises within 500 meters of 853 Hay Street. • It is noted that 80 licenced venues are located within the 500m vicinity,

however, only two of those existing licenses are Nightclubs. • 70 venues hold a variety of other licences, predominantly Tavern or Tavern

restricted licenses with extended trading hours until 2 am. • In addition to this, there are 8 hotels.

38. What are the public transport facilities (Including taxi services)

that would be available to patrons, or any other transport

facilities proposed to be provided by the applicant for patrons? 38.1 There is a Red Cat stop directly at the front of the premises. This service runs

from 6 am weekdays until 8:45pm and from 8:30 am until 6:50pm weekends and public holidays. While this service heads west towards West Perth and is likely to be unused and return to the Underground train station and Perth central station during these times. It is unlikely that this service will be used by our patrons.

38.2 Parking

• The City of Perth Parking (CPP) His Majesty’s carpark tower is located across the road from the venue at 377 Murray Street (844-848 Hay Street) and is open 24 hours, allowing people to drive in, if possible and if drinking, leave the car in the parking space to return to collect it later. With 646 bays available, with exits onto Hay Street.

• Additional parking is available on the south side of Kings Street at the Atrium, provided by Wilson, however this will not be a facility recommended by the applicant, due to its opening times.

38.3 Taxi’s

• A 24-hour taxi rank is located less than 500m east on Hay Street, in front of the central park precinct and another around the corner on William street.

• A taxi rank is also available on St Georges Tce outside 185. • There is an additional taxi rank located west on Hay street, less than

500meters. • Ride-share access is available door to door and the applicant will ensure taxis

are called for those requesting from the venue at any time.

38.4 Train and bus stations Key EQ – Elizabeth Quay Station PU – Perth Underground WS – Wellington Street Bus station PS – Perth Station

69

• The underground train station is located 350 meters from the venue, a short walk-through well-lit CBD area and run until 2:15, however recommencing after 5 am, providing access underground to the Perth Central station (850m away), where patrons can access trains.

• Armadale/ Thornlie line trains run from 5:05 am until 2:15 am the following morning from the Armadale/ Thornlie line. Trains recommence at 5:15 am on Saturdays and 6:30 on Sundays.

• Fremantle line trains are available from 5:15 am – 2:15am the following morning Monday to Saturday, 6:45 to midnight Sundays.

• Midland – 5:30 -2:15 Monday to Saturday, 7am – midnight Sundays • Joondalup 5:30 (PU)/5:39 (EQ) until 1:49/ 2:15 (PU) – Monday to Friday, 5:30

(PU)/EQ 5:54 to 1:49/ 2:15 (PU) Saturdays and 7:19 (EQ) to 12:09 Sundays • Mandurah 5:30 (PU)/ 5:32 (EQ) – 2:15/ 2:17 – Monday to Saturday, 7:30- 12:15

Sundays • The EQ train station and bus station are also located 600 meters from the venue

although less well lit. • Someone living in Ellenbrook leaving the club would leave Perth central station at

5:46 on a Friday morning or 7 am on a Saturday. 7:31 on a Sunday • Someone living in Mirrabooka would catch a bus from the Wellington Street busport

at 5:51 am on a Saturday or 5:41 on a Friday, 7:16 on a Sunday. • Scarborough, 7:21 am Sunday, 6:21 Saturday, 5:51 Friday • Forrestfield, 5:46 Friday, 6:46 Saturday, 9:25am Sunday • O’Connor 6:32 am Sunday, 5:06 Saturday, 5:22 Friday/Monday • Como, Friday 5:29, 5:22 Saturday, 6:32 Sunday

38.5 Where events are held at the venue, the applicant proposes the hire of a bus

service to safely transport patrons to public transport hubs or hotels within the CBD precinct, removing the likelihood of people wondering the street and causing potential harm to themselves or disturbing the local area. This would require feasibility and could be achieved through bookings of maxi taxis to each venue for patrons.

39. What publicly available parking facilities exist in the locality? Yes, as outlined above in Section 38.2, there is a 24-hour City of Perth Parking facilities located at 844-848 Hay street. This provides easy access for those arriving and leaving during operational hours. In addition, those who are unable to drive home, can leave their vehicles in the parking facility to be collected when able.

40. What is the contribution of the proposed premises to the

streetscape and the atmosphere of the area? 40.1 The current venue is vacant and is currently being used by homeless and vagrants

to sit in front of, hence leaving rubbish and personal items in the doorway. 40.2 In addition, this facility is located directly next to a laneway and is likely to invite

more disruptive behaviour, due to poor lighting and the vacancy length. 40.3 By activating the space, it will provide significant passive surveillance to the area

for longer periods during the evening/ early morning.

70

40.4 In addition, the building exterior will be repainted and lighting at the front will

enhance the streetscape. These changes will brighten the area and enhance the streetscape, making it more attractive and activating the space.

40.5 Currently rubbish mills in the front of the venue and the signage currently on the

front make the building look messy. 40.6 Lighting will provide extra security to the area and provide safety for those

transiting between the west and central CBD areas late at night.

41. What is the potential impact of the proposed premises on the

level of noise, anti-social activities in the locality, and the

management strategies to minimise the impact? 41.1 The venue’s house policy will be placed on the website, at the front of the venue

and in the ablution facilities of the venue. This will enforce the intolerance of anti-social behaviour and is attached in Appendix 01, House Management – Code of Conduct – Harm Minimisation Policy.

41.2 The applicant proposes once the change of use is approved through the City of

Perth, then a full acoustic report will be conducted to ensure that the building internal works are sufficient to reduce the noise omitted from the building.

41.3 In addition, works will be done to provide a sound lock section within the premises,

allowing for people to pass in or out of the venue and avoid significant noise leaking onto the street.

41.4 While with any late-night venue there is a potential increase for anti-social

behaviour, the applicant proposes to reduce this through promoting the venue to a higher age demographic, with higher dress standards than currently allowed in most clubs in Perth. This will reduce the type of clientele who are more likely to drink to excess and look at destructive behaviour when drunk.

41.5 Enforcing a dress code and promoting to a higher age demographic while not

eliminating the likelihood of anti-social behaviour will reduce it significantly, as an older crowd are more likely to drink responsibly, understand their limits and are more likely to leave a venue once they believe they have had enough.

41.6 The applicants House management policy will be provided to all staff and the

Code of Conduct posted in positions throughout the venue, and include: • rules for staff in the service and sale of alcoholic drinks • awareness and skills to deal with refusal of service and difficult clients; • Expected conduct of staff and patrons; • Procedures for removal of patrons who are threatening, displaying violent

behaviour or disturbing other patrons; • Engaging onsite security to manage patrons displaying unacceptable

behaviour; • Emergency management procedures for the venue; and • Awareness and process of complaints management.

71

42. What is the potential impact on the proposed premises on

vandalism, litter, criminal acts? 42.1 The applicant believes the impact on litter within the immediate vicinity will be

reduced, currently the doorway is used to congregate, and rubbish is continently being left, which blows under the doorway.

42.2 A venue open after normal business hours within the area will assist in the

surveillance of the area and deter people from congregating without purpose in the area and choosing to find other areas to mill around.

42.3 The venue will provide increased safety to hotel guests arriving or returning to

local hotels in the vicinity through the same passive surveillance and increased lighting and deterring anti-social behaviour.

42.4 It is unlikely that the premises will impact greatly on increased litter, as no drinks

will be permitted outside of the venue, however, takeaway food containers may be discarded poorly.

42.5 Vandalism is unlikely while the venue is open, as the activity will deter people with

the intention to vandalise the building or surrounding businesses. Lighting, sound, and people in the surrounding area will likely deter people milling in the area with the intent of vandalism.

42.6 It is possible that patrons may cause damage to other property, the applicant

realises the importance of this, and the strict training required by staff in this environment to detect and manage patrons who are showing signs of intoxication and to refuse service and move these patrons on before the level of aggression increases, this will likely aid in reducing vandalism caused by over consumption.

72

Offence, annoyance, disturbance or inconvenience – section

38(4)(c)

43. Identify the strategies you intend to implement to address

potential offence, disturbance or inconvenience to residents or

business operators. 43.1 The business will undertake acoustic testing prior to any works being undertaken,

this will ensure than there is no unnecessary sound leakage out of the venue, or no level of sound omitted from the premises to a level that is considered to cause disturbance.

43.2 The applicant will take into consideration the previously mentioned City of Perth,

Department of Lands, Planning and Heritage and WA Planning commission changes for special entertainment precincts and recommendations for reducing noise in the area.

43.3 While the venue does not fit within the Northbridge Special precinct zone, it is

important to take into consideration the same requirements when developing the premises further.

43.4 The building has a 5m thick cement floor and this according to the building

surveyors already engaged will minimise the disturbance of base to external buildings.

Residents 43.5 Residents will be provided with a letter outlining the location and use of the space

and to see 11 Forty-five Pty Ltd if any concerns exist. 43.6 Residents and owners of Durham house have already been sent a letter through

Richardson Strata to outline the proposal and intended use of the space. Residents through this letter were encouraged to reach out to the applicant if there were concerns. See Appendix 08 – Letter – Durham house residents and owners.

43.7 An acoustic report will be required, and sound attenuation will be required within

the building and strategies in place to reduce the street noise and lines forming, the applicant envisages that the level of disturbance will be low, however, do recognise that patrons walking home will likely walk in the vicinity of the King Street precinct and may cause disturbance.

43.8 The applicant will provide them with reassurance and contact details directly so

the applicant can deal with any issues arising specifically from our venue to satisfy any complaints.

Business operators 43.9 The applicant has already been to several the small businesses and property

management offices in the Hay street and King Street, down to Milligan street ends of Hay Street and have introduced themselves and the concept of what the applicant is looking to achieve in the venue, the feedback on initial introduction

73

was mainly met with positivity and excitement and anticipation of something new in a building that has been vacant for an extended period.

43.10 For those businesses visited and emails collected an email was sent to these

businesses to confirm the introduction and reiterate the proposed business and were provided the opportunity to raise any concerns about the impact of the business and announce the applicant’s excitement to work with them and join the West Perth business community. An example letter can be found attached in Appendix 09 – Introduction – Surrounding Businesses. Appendix 26 – Email sent to businesses, is an email sent to all businesses and email address was collected from in an initial walk around to businesses in a 200m radius.

43.11 Other businesses were excited that the partnership opportunities that a venture

such as this on the street could provide with cross pollination of business service use, i.e restaurants sending patrons down after dinner or the venue sends people down for full-service meals, and opportunities to collaborate with businesses such as Gucci for product launches.

43.12 Those who were hesitant, were happy to see the space used, and were mostly

unsure on the impact to them due to their current opening hours. 43.13 Most businesses are traditional business operating hours focused, with the Hotel

bars and The Standard being the latest night venues in the street. 43.14 For this reason, the applicant does not believe that there will be disruption of trade

by surrounding businesses. 43.15 It is unlikely that the venue will cause significant disturbance to the majority of

businesses close by, or within the vicinity, with special consideration given to His majesty’s Theatre and the Hotels in the area.

43.16 It is likely that with a late-night trading venue introduced to the immediate vicinity

that this may cause disturbance through passers by attempting entry to their premises, however unlikely.

Complaints management 43.17 Residents will be provided with direct contact details for any complaint’s

management issues, which will provide immediate access to the director and current administration manager.

43.18 These complaints will be received and sought to provide a resolution, depending

on the type of complaint and whether any remedy work is required to the venue. 43.19 All complaints will be registered in our incidents register as required by the

Incident Policy. 43.20 Complaints will be managed through our complaints management policy which all

staff will be made aware of on employment and reminded of every quarter.

74

43.21 Complaints received in venue will be dealt with at the time of complaint and staff will as per the policy where they are unable to deal with it directly, seek intervention from the manager at the time.

43.22 This will include taking down details of the complaint and the events that lead to

the complaint being made, whether this is about a staff member, service, quality of food or drinks provided or other patrons.

43.23 Any other complaints will be sought via written communications and information

will be sought to reach a resolution or suitable outcome to the complaint at hand. 43.24 All complaints will be sought to resolve in a timely fashion and be amenable to all

parties involved.

Noise Management 43.25 The foundations of the building previously being used for a bank, is made

predominantly form cement, creating its own sound attenuation. 43.26 While it is acknowledged that sound treatments will be required to create an

airlock leading into and out of the venue, these will become design features, replacing the current glass frontage with more sound treated options.

43.27 Inside speakers and sound systems will be modern and purpose built, ensuring

music is centred to the venue and not point in the direction of exit and entry points. 43.28 Noise management and restrictions in the City of Perth48 are governed by the

Environmental Protection (Noise) Regulations 1997 and is aimed to protect people from unnecessary disturbance from noise, including any vibration of any frequency no matter its transmission manner.

43.29 As a licensed venue, the applicant is aware that under these and the Liquor

Control Act 1988 there are requirements that must be met in order to not cause undue disturbance to the area of unreasonable noise.

43.30 Upon approval for the change of use by the City of Perth, any fit out and

amendment to the building will include sound attenuation treatments and Acoustic consultants will be used to provide reports to lessen the impact of any noise and vibration that may be omitted during trading hours and that may cause disturbance.

43.31 The applicant understands that work currently being undertaken by the City of

Perth, the Department of Planning, Lands and Heritage49 and the Western Australian Planning Commission to amend noise levels for Northbridge, likely to be classed as a Special Entertainment Precinct and understand that it is proposed to limit noise at 95db, currently reflective of the ambient sound level on the street and 79 db for new venues and 90db for existing venues. These changes will be monitored to ensure compliance with any new changes, even though the venue location falls outside of the precinct, it is likely that these will also be enforced in the Central City West precinct.

48 https://www.perth.wa.gov.au/live-and-work/residents/noise-complaints 49 https://www.dplh.wa.gov.au/getmedia/d864de6a-06b2-4d4f-b7e4-36fa135d8a7a/FS-Fact_Sheet_Entertainment_Noise

75

44. Risk Profile 44.1 A nightclub licence is deemed the highest risk, due to several factors, including,

but not limited to: • The length of period alcohol can be provided; • The lack of amenities to patrons, including seating; • Lack of food being provided; • Operating hours; • Patrons possible state of intoxication prior to entering a premises; • Mixing of drinks that can occur in premises; • Number of people within the premises; and • The overall environment created by a nightclub.

44.2 With these and other factors in mind, listed are some of the highest risk factors for

patrons that will need to as best as possible be managed by management at any given time.

44.3 Further risk management strategies are outlined in Appendix 10 - Occupational

Health and Safety Policy. Probablity/ severity

Low Medium High Extreme

Low 1 2 3 4

Medium 2 3 4 5

High 3 4 5 5

Risk Rating Mitigation measures Residual rating

Notes

1 Intoxication due to oversupply of alcohol

5 • Adequate staff training provided to detect intoxicated patrons.

• Refusal of service to patrons deemed intoxicated.

• Provision of food. • Freely available water.

3

2 Harm/ Ill Health due to falling/ tripping

5 • Building design importance, minimising trip hazards.

• Provision of ramps. • Occupational Health

and safety policy. • Rails provided to

ramps and stairs.

4

76

3 Harm/ Ill Health due to fighting

4 • Crowd control with trained and licensed security guards at all times.

• Disbursement of patrons on closing.

• First Aid knowledge in personnel.

• Ready availability of first aid kits.

3 Even with mitigation measures in place, the extent of harm to anyone who may participate in fighting.

4 Harm/ Ill Health due to bad food preparation, cooking, storage

4 • Quality controls in kitchen.

• Trained and qualified kitchen staff.

• Safety knowledge and skills in food preparation/ storage and cooking.

• Removal of expired and off food.

2

5 Harm or Ill health after leaving the premises

5 • Crowd control with trained and licensed security guards at all times.

• Disbursement of patrons on closing.

• Provision of transport options for patrons (taxi’s, rideshare).

5 Once a patron leaves the premises in a fit and healthy state, there are several factors that may not reduce the impact of harm.

6 Drink spiking 4 • Removal and disposal of unattended drinks.

• Security cameras. • First aid. • Staff training in

warning signs.

3

7 Binge drinking 4 • Staff training and qualifications in responsible service of alcohol.

• Control of service of drinks to patrons through quantity limits.

• Free water readily available.

• Provision of food.

2

8 Disturbance through fighting

5 • Security guards. • Monitored security

cameras.

3

77

• Removal of patrons causing disturbances appropriately.

9 Disturbance through noise leakage to street

4 • Sound attenuation. • Airlock entry.

2

10 Late / Early trading times safety risk increase

5 • Monitoring patrons leaving alone, calling transport.

• Security guards.

4 External factors of other people on the street cannot be controlled.

11 Fire risks 5 • Fire safety warning system & equipment.

• Sound shut off wired music system.

• National Building Code 2019 requirements met.

• Emergency exits. • Fire extinguishers. • Staff training.

4 While the building and all fittings will comply with the 2019 NBC, the likelilood of a fire is significantly reduced, however the impact in its occurrence is still catastrophic.

78

45. Stage 2 45.1 Stage two is the addition of a functional space on Level one, which exists in part

already with a partial enclosed space at the front of the building, constructed of brick. This section includes ablution facilities and will be opened up to utilise the remaining roof space, which due to its composition of cement is flat.

45.2 The venue itself will not change and therefore the considerations of the main

component of the Public Interest Assessment hold true for Stage two, however, some aspects will change due to the uniqueness of the space and considerations required for this.

45.3 Stage two will commence development within 12 months of operating the ground

floor of the venue. 45.4 Overall, the venue and the requirements do not change, however, the purpose and

manner of trade will change slightly, as it will include a different look and feel and not be completely accessible during the nightclub operational hours.

45.5 While this reduces capacity overall, the applicant is mindful of the likely impact of a

rooftop bar operating to the early hours of the morning within proximity of residential premises and hotels.

Section 5 The primary objectives of the Act are defined in section 5(1) to:

46. Cater for the requirements of consumers for liquor and related

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

the tourism industry and other hospitality industries in the state. 46.1 In addition to Section 2.3 above, the premises will allow for roof top events and

entertainment, well suited to the perfect weather available most of the year in Perth. 46.2 This section will target predominantly office workers who are leaving work and after

work events. 46.3 In addition, the space will be a great location for surrounding hotel guests to visit for

a drink while enjoying some live entertainment and experiencing the cocktail machines capabilities.

46.3 Evening events are well suited in the Perth Central City – West precinct, particularly

with the proximity to His Majesty’s theatre, expanding the cultural events available within the City of Perth.

46.4 With 8 Hotels within 500m’s this will provide great tourism potential for their

customers to visit and enjoy all year round (rain dependant). 46.5 The fit out will be quite different to the interior, making the area a bright relaxing

environment to unwind and welcome the early evening. 46.6 It will include fixed benches, made likely from fibreglass or cement, and form natural

lines and featured seated.

79

46.7 The first level in stage two will introduce a robotic cocktail maker, not currently seen

in Australia. Details on the cocktail makers functionality and management are outlined in Appendix 05 – Cocktail machine specifications. These include management of and restrictions and responsible service of alcohol, visual monitoring by staff to assist patrons.

46.8 This machine alone will be a target for tourism, both state-wide, and nationally. 46.9 It will likely attract many tech fanatics and cocktail enthusiasts and being the first in

the country will see if being a focal point for the CBD attractions for over 18’s. 46.10 Perth and Australia have not seen technology like this, and the applicant believes

this will be the biggest draw card for people to stay, come and play in the city. 46.11 The introduction of the rooftop as a functional space will lend itself for cultural

events throughout the year and will enhance the hospitality offerings within the City of Perth and the state and the applicant hopes that this will lift the standard of service, offerings, and expectations in venues.

46.12 With the focus on live performances through culturally diverse artists, the ability for

people to experience a different culture in Perth will be a great draw card for people who haven’t visited the countries and allows for the western fusion of influences to further diversify the offerings available, making the opportunities an experience truly unique to Perth.

The secondary objectives of the Act are defined in section 5(2), which are to:

47. Facilitate the use and development of licensed facilities, including

their use and development for the performance of live original

music, reflecting the diversity of the requirements of consumers in

the State; 47.1 In addition to Section 2.4 above, the first floor will enable better use of the space

overall and encourage open air performances for artists. 47.2 The applicant wants to maximise the existing space of the venue. 47.3 As there are no services, facilities, or obstructions on the roof currently and a partial

building on the level, it makes perfect sense given its cement composition to make the best use of this space, where it is currently significantly underutilised.

47.4 The low impact of the building, means that surrounding building, are unlikely to be

affected by the roof top bar. This is due to the operating hours being mostly after work hours and the height of the buildings surrounding 853 Hay street, will provide some protection from sound carrying and create its own sound bowl effect.

47.5 This strategy will also lessen the impact of any noise omitted to the street or to

surrounding buildings. 47.6 The open space lends itself well to open air live performances, either for the

purpose of musical artists or DJ’s depending on the theme or event of the evening.

80

47.7 Live music and after work drinks work well in Perth and the open-air nature of this component of the venue is perfect for early evening live music.

47.8 Live musicians will likely be targeted as vocalists, soloists to trio groups to minimise

noise emission and will be generated due to the live performance. 47.9 It is likely the applicant will promote the venue with groups such as Fringe and Perth

Festival during late summer and use the space for the remainder of the year to promote local artists.

47.10 Music can then be played in the internal part of the venue. 47.11 This will in line with Section 2.4 above, increase our capability to promote CaLD

artists, who may not be suitable for a nightclub late night venue, but more geared towards low level sound music performances with smaller capacity and noise omissions.

47.12 The focus on CaLD groups will provide a variety of demographics an experience

like no other on a regular basis, and not just during event seasons and patrons will be able to immerse themselves in the music and cultural experience.

48. Provide adequate controls over, and over the persons directly or

indirectly involved in, the sale, disposal and consumption of liquor. 48.1 In addition to Section 2.5 above, this section requires its own controls, specifically

in relation to the robotic machine that is proposed to be installed. 48.2 The machine is designed to hold all liquor required to mix and make any number of

cocktails as determined by the applicant. 48.3 In addition, the machine has the ability if selected to distribute beer and wine. 48.4 It is controlled via a computer management program that allows the applicant to

dictate the amount of alcohol provided in each drink, and the types of alcohol used. 48.5 Patrons order drinks via an app, either provided on a tablet device in the venue or

on their own mobile devices, which allows for payment and management of drinks served.

48.6 Patrons must register their details and will have already been screened for ID upon

entry. Before using the app either via their own phone or venue devices, they must confirm they are over 18 years of age.

48.7 Staff will always be available to assist with those patrons who do not have smart

devices or who may only be one off visitor and can order on behalf of those customers with our own devices.

48.8 Staff will be available at all times to visually manage the consumption of drinks and

the types of drinks consumed and ensure that no additional drinks are provided through manned over the counter service.

81

48.9 The app used allows for rules to be created for ensuring the maximum number of drinks per order is adhered to.

48.10 For patrons who download the app, the applicant at the venue can limit the total

number of drinks sold to each registered account on any given evening. 48.11 This provides controls over the number of drinks that are determined by the

company to be suitable under responsible services of alcohol requirements. 48.12 This can include number of drinks per hour, or total duration and is unlikely

specifically with cocktails with high volume alcohol, that this would be no more than 1 per hour.

48.13 The machine is suitably housed, and the drinks are held high above the reach of

any person who attends the roof top bar. 48.14 There is sufficient space from the robotic arms and the drinks to ensure patrons

cannot climb into the machine and interfere with the arms or to reach into the machine to retrieve someone else’s beverage before it has been released into the delivery shoot.

48.15 The machine delivery provides drinks via a delivery shoot once the drink is

completed being mixed and ready for collection. 48.16 In addition, the app controls the distribution of drinks by allowing customers to

confirm their order once notified it is ready for collection. 48.17 This means that no one else can collect a drink another patron has ordered. In

addition, staff will be onsite to monitor drinks being collected. In addition, those using the on premise app will be able to monitor the device screens for their order status and staff will monitor collection.

48.18 Drinks from the machine are served in plastic cups and are suitable for a rooftop

environment, particularly where a roof may not be in place (i.e. if customers intend to throw cups over the railings etc).

48.19 The machine is also able to produce a number of non-alcoholic mocktail style

drinks, which can be ordered and delivered through the same process. 48.20 There will be an additional bar available that will be opened and stocked only for

high volume events. 48.21 Security and at least two bar staff will be present at all times on the rooftop section

of the venue at all times during operational hours. 48.22 In addition to all this, snack foods will also still be available for patrons on the

rooftop bar, provided from the kitchen on the ground floor. The applicant also intends to install a wood fired pizza oven on the rooftop space, to provide pizzas to patrons during operational hours.

82

48.23 Please see Appendix 05 – Cocktail machine specifications for further details of the machine and queries sought from the company responsible for its construction and application development.

83

Section 38(2) – Public Interest

49. Why is the grant of a licence in the public interest and how will it

benefit the community? 49.1 In addition to Section 2.3 the applicant believes the robotic cocktail machine being

a first of its kind in South East Asia will attract a number of tourists both from Western Australia and Interstate.

49.2 In addition, those from around the other countries from within South East Asia and

New Zealand will venture to the city and the bar to witness the machine in person. 49.3 This will create a lot of activity within the precinct and assist with other retailers and

hospitality venues who offer services and options for tourists visiting Perth. 49.4 It will provide a rooftop venue to patrons after work and weekends. 49.5 It will provide alternative options to Perth residents and visitors alike. 49.6 Will provide options for hotel guests closer to their accommodation, meaning more

money will be spent within the same area and benefit food retailers and restaurants as the venue only able to provide snack foods and unable to provide sit down meals, patrons will likely seek to eat prior to or after coming to the rooftop bar.

49.7 The applicant has walked around to all the business accessible and spoken to

centre management for Cloisters Square to introduce themselves and let business owners know about the proposed business. During this walk around, email addresses were collected.

49.8 Subsequent to collecting the email addresses, emails have been sent to all

business owners to confirm the visit and seek concerns. Example email sent to 27 businesses and two centre managers, those being Cloisters and Central Park.

49.9 In addition an email address was sought for the Strata manager of Durham House,

and a letter was sent for residents and owners again outlining the planned venture and seeking comment and input. See Appendix 08 – Letter – Durham House residents and owners for the letter sent via the strata company.

49.10 Two responses have been received in relation to this letter and both have been

responded to appropriately. The concerns raised related to the noise and effect on heritage listed buildings.

Venue 49.11 Level one will be constructed for a live music venue over a DJ performance, with

open air ability and partial internal building providing multipurpose functionality, including a pool table and lounges.

49.12 It is designed to be more relaxed and accommodating for a relaxing afternoon

drink, rather than a dance party environment.

84

49.13 Level one will be accessed through the main nightclub on the ground floor and barricades will be used to guide guests through the venue to the stairs or lift to access the first floor.

85

Manner of Trade

50. What facilities and services will be provided by the proposed

premises? 50.1 Level one will introduce a more relaxed feel and area for seated drinking. 50.2 Introducing the robotic cocktail maker, this will be the main draw card. 50.3 Seating and some benches will be constructed out of cement and fibre glass natural

formations and wooden furniture, these will be fixed to the cement flooring of level one which will reduce risk to injury to patrons through movement.

50.4 Ablutions are already available on level one and these will be refurbished to the

same standard of those being constructed downstairs. 50.5 The focus of level one will be a natural look and feel with decking providing dual

purposes of flooring and hiding services running to various facilities on the roof space.

50.6 Additional chairs and tables will be portable to allow for flexible configurations to suit

artists and maximise capacity of people to enjoy a live music performance. 50.7 Planter boxes and wiring with vines will be used to form green spaces and block

unsightly building walls. 50.8 This will improve the relaxed vibe created by the furniture and open-air atmosphere

of the bar. 50.9 A pool table and lounges will be installed in the internal building already in place on

level one, this will be extended to include the cocktail machine and be opened via French folding doors, allowing options for closing the section and be used for a private room for VIP guests.

50.10 Music being played in the nightclub can be transferred to level one and similarly

music played on level one live can be played on the ground floor.

86

51. What is the proposed manner of trade?

Live music 51.1 Level one is intended to be used predominantly for live music performances and

some DJ performances where appropriate. 51.2 While level one will have the ability to allow dancing, the space is likely to be used

for more seated performances with a relaxed vibe.

Provision of food 51.3 Food can be provided through the kitchen on the ground floor to service customers

on level one. 51.4 The applicant intends on installing a pizza oven on level one with preparation space

providing wood fired pizzas to patrons on request and for bookings.

Events space 51.5 This space will be promoted for after work functions and events, used as a

functional event space for early evening to evening events with live music or DJ performances featuring for these events.

51.6 The option of using the rooftop as an additional event space for after work drinks

with the provision of a DJ will be a unique offering.

Responsible service of alcohol 51.7 Responsible service of alcohol will be managed by well trained staff.

87

51.8 The use of the cocktail machine will be managed through tight controls with

registered users and payment transactions. 51.9 This means that the applicant can control the number and types of drinks a person

can order and consume within a given time. 51.10 In addition, security and staff will be in place to monitor and maintain tight oversight

of the machine use and alcohol consumption. 51.11 An additional bar will be available for other predominantly non-alcoholic drinks. 51.12 Staff will have appropriate training onsite for the robotic machine.

Hours of operation 51.13 It is proposed that the level one operation will only run between 6pm and midnight

to minimise disturbance to local residences and maintain noise levels to an acceptable decibel level.

51.14 Only the internal closed section of level one will be used after this time and will be

sufficiently sound proofed to prevent noise leaving the closed building section onto the street or to surrounding buildings.

51.15 Due to the nature of use being promoted heavily for after work use, the dress

standards may be relaxed to allow business attire, however, strict controls on no high-vis workwear, no ripped or torn clothing and slip-on shoes will be maintained. See Appendix 24 – Sample dress code sign.

Security 51.15 Security will be employed on the premises during operational hours, including on

the rooftop bar and entry of the premises. 51.16 During operational hours and capacity of the venue, security will be employed to

fulfill the requirements of two guards for the first 100 patrons and an additional one guard for every 100 patrons thereafter.

51.17 With a likely approved total capacity of the venue being 800 people, there will be at

least nine guards onsite during full capacity trading and in for the purpose of special events or high traffic times, the venue will likely employ additional guards to secure the venue.

52. Will the premises be distinguished by any theme or décor?

Fit out 52.1 The fit-out will be as demonstrated above in Section 50.10 (pg 85) will be a relaxed

open air roof top bar, with free form fibreglass seating and movable furniture which will be stored at the end of each night’s trade.

52.2 Some fibreglass seating will be fixed, and all other furniture will be movable to allow

for configuration as required for live music performances.

88

52.3 The flooring is intended to be wooden decking, which will be raised to allow for services and drainage to run underneath, hiding it from the sight of patrons.

52.4 Flooring will be anti-slip to ensure safety in the even of spillages and rain. 52.5 A partial retractable roof is likely to be installed from the main part of the building on

level one that is already in existence. 52.6 The retractable roof will allow for extended cover on hot or light rain evenings and

still allow patrons to enjoy the relaxed sounds. 52.7 Unlike the ground floor interior, furniture will be clean and neutral colours providing

the relaxed environment feel. 52.8 Furniture will be comfortable and large, with comfortable cushions, providing a

resort type bar zone. 52.8 A water fountain will accompany an additional bar in addition to the cocktail

machine. 52.9 The applicant hopes to add planter boxes filled with larger leafy native plants that

flourish in low sunlight exposure to be placed through the open area of the roof adding to the natural look and feel of the venue. This is likely to include creeping plants that will be guided with wiring to create a natural arch in the back section of the open roof space.

52.10 The combination of the water feature and the planter boxes will enhance the relaxed

feel and lend itself to live ‘cocktail garden’ performances. 52.11 The existing brick wall on the upper-level section that houses the ablution facilities

will be removed and retractable glass panels put in place, allowing for airflow and opening of the two spaces.

52.12 The existing building area once opened up through the removal of the brick wall

house a lounge area, continuing the luxury theme from downstairs. 52.13 The current stairs will be replaced leading up to the rooftop space and the glass lift

installed to enhance the arrival into the space as an experience.

53. What is the potential impact of the proposed premises on the level

of noise, antisocial activities in the locality and the management

strategies to minimise impact? 53.1 The impact on noise, antisocial activities within the area due to the rooftop bar

inclusion are not likely to be any different from Section 43.25 (pg 74) above, however, the intent of the rooftop space to provide live music will likely increase noise to the street level and potentially cause disturbance.

53.2 As mentioned in Section 43 (pg 72) above, the noise will be limited to a reasonable

level, to limit the disturbance to the street and surrounding premises, particularly during night performances and unless strategies are in place to enclose the space, the rooftop bar will cease providing music by midnight on any trading evening.

89

53.3 Sound testing is required prior to the rooftop operating to ensure reasonable sound

levels are emitted from the space and that this noise is not excessive and cause disturbance.

53.4 It will be important to consult with services such as Bodhi Day Spa across Hay

Street, their clients and His Majesty’s theatre for any impacts on the quality of any events or performances during their operational hours.

53.5 It is a potential that there may be increased antisocial behaviour from people trying

to enter the venue via the ally way. The applicant will ensure security patrol the ally way and back of the property for these types of people and security camera’s will be monitored to provide surveillance.

90

Offence, annoyance, disturbance, or inconvenience – Section

38(4)(c)

54. Identify the strategies you intend to implement to address

potential offence, disturbance or inconvenience to residents or

business operators.

Residents 54.1 The likelihood of disturbing residents in the area due to operation of the rooftop

space is higher, than the internal venue. 54.2 This is simply due to noise carrying from the open rooftop space out over the street

and beyond. In addition, the lower height of the front of the building, compared those surrounding 853 Hay Street, is likely to cause a funnel effect of noise out through this space.

54.3 It is important that the applicant undertakes acoustic testing on this space before

development and considers the noise carrying and disturbance to these residents. 54.4 The applicant intends to have the volume of this space set to a lower level (below

80db) to lessen the impact of disturbance. 54.5 Different types of live music will be monitored to minimal instrument use, these tend

to be less able to be controlled for noise control and can create additional disturbance.

Business owners 54.6 As part of our initial consultation, mentioned from Section 43.9 (pg 72) above,

businesses have been approached for their opinion and if they have concerns about the type of business.

54.7 One such business has reached out to us, about the impact to their business during

construction, due to the type of business operation, which is a premium massage and relaxation day spa space. This will need to be considered, as they are located directly across Hay Street during construction of the premises and on operation, with noise management controls tested and consultation undertaken with management of the business.

54.8 Late afternoon/ early evening music may disturb or provide inconvenience to any

office workers in the buildings surrounding the venue. Emails have been sent to the centre manager of the neighbouring complex next door. They raised concerns of noise when the applicant introduced themselves and the concept to the centre manager. These stakeholders in the building will need to be consulted with during sound testing in the venue also.

Mitigation 54.9 If sound mitigation with speakers cannot meet the acceptable levels of the

surrounding businesses and residents, the applicant is willing to consider other methods of playing live music, including streaming through headphones to patrons in a silent disco format.

91

55. Community Consultation 55.1 Schools and Educational institutes

There are a number of education providers located in the area within a 500m radius. These include vocational facilities and offices for education providers. Provider name Provider address Education type ACEcelent Education & Migration

914 Hay Street Consultant

Australian Institute of Career Education

Level 2, Queens Buildings (Wesley Quarter), 97 William Street

Vocational and healthcare training

LMB Education 152 St Georges Tce Consultant Study West Education Services Pty Ltd

Level 32, 152 St Georges Tce

Consultant

Yes Centre Education 3/110 William Street Consultant Global Education Group Co Pty Ltd

Level 20, 77 St Georges Tce

Consultants

St Georges Anglican Grammar School

50 William Street Secondary Education

Nido Early School Terrace QV1 Building, Upper Level East

Kindy/ Early learning/ childcare

Bilingual by five Early childhood/ Kindy

Buggles Child Care Brookfield Place

125 St Georges Tce Child Care centre / Early Learning / Kindy

55.2 Hospitals, hospices, aged care facilities There are no Hospitals, hospices or aged care facilities in the area. A draft of this PIA was provided to the Mental Health Commissions, Alcohol Other Drugs and Prevention Services team for review. There are two disability support service providers in the area but are not care providers.

Provider name Provider address Service type

Reliable Disability Services Level 11, 125 St Georges Tce NDIS Provider, care and

arrangement services

Drake Medox Perth WA Suite 4.02, Level 4/ 105 St

Georges Tce

Homecare and disability

support service

recruitment agency.

55.3 Churches / places of worship Provider name Provider address

Wesley Uniting Church 75 William St

Uniting Church in the city Level 1/97 William St

Trinity Uniting Church 72 St Georges Tce

First Church of Christ – Scientist

– Perth

264 St Georges Tce

92

55.4 Drug and alcohol treatment centres Provider name Provider address Service type

Solace Perth AMP Tower, L28, 140 St Georges

Tce

Drug and Alcohol

treatment inc gambling

and eating disorders -

Office

55.5 Short term accommodation or refuges for young people Please see Appendix 06 – Licensed premises list which includes the 8 hotels in the surrounding area.

• There do not appear to be any other short-term accommodation or refuges in the area.

• The applicant notes that there is likely to be a number of Airbnb accommodation options in the area.

55.6 Childcare centres Provider name Provider address Service type Nido Early School Terrace QV1 Building,

Upper Level East Kindy/ Early learning/ child care

The Learning Sanctuary Kings Square

Level 2, KS3, 10 Telethon Ave

Child care centre

Bilingual by Five L2/ 553 Hay St Learning centre Buggles Child Care Brookfield Place

125 St Georges Tce Child Care centre / Early Learning / Kindy

55.7 Local Government Authority The City of Perth has been consulted about the proposed venue. 55.8 Police Stations

Liquor Licensing enforcement Unit have been provided with a draft copy of this Public Interest Assessment document and have liaised with a number of personnel. There is no police station in the immediate vicinity.

55.9 Regional Office of the Department of Indigenous Affairs The local office of what used to be known as the Department of Indigenous Affairs

was last located in East Perth. The functions of this department have been divided

between other departments.

The Federal Government office of the National Indigenous Australians Agency are

located at Level 17, Governor Stirling Building, 197 St Georges Tce.

55.10 Who will be consulted? The above listed businesses from 55.1 – 55.9 will be contacted, as well as all the businesses listed in Appendix 06, Appendix 07. It will include consultation via letter drop and email to the strata of Durham House and the NV Apartments complex on Murray Street.

93

In addition, email addresses collected to surrounding businesses in a 200m radius of the premises will be provided as well as a letter drop. Centre Management of the Central Park and Cloisters centres will be provided with the notice and have already been part of the email communications sent prior to this application.

Conclusion In conclusion the applicant believes that this proposed business will provide significant opportunity and a variety of entertainment options to the City of Perth and the greater Perth area. Creating a space targeted and by providing a venue targeted at cultural celebrations and promoting CaLD talented artists to a wider audience group will provide a great opportunity to share culture and bring the great mix of cultures in Western Australia to the forefront of entertainment. The venue will provide a sense of belonging and ownership to those groups who currently do not have a venue targeted just for their demographics. While the applicant agrees that other clubs provide afrobeat’s and African events, these are done in conjunction with business as usual for these venues and events targeted at the demographic are scheduled on an occasional basis. We have yet to see any venues hold specific events for other CaLD groups, especially those we are aware of in the Sri Lankan, Fillipino and Indigenous communities, but we know that the talent available to show case is broad and the applicant cannot wait to showcase this. The applicant is looking to provide Perth with a real Nightclub experience, which is not only targeted at a more mature demographic, but will highlight what a Nightclub should be, with luxury, class, and style, with live entertainment. Nightclubbing should be about the entire experience and not about getting drunk and simply dancing until your feet hurt. You should be able to absorb the atmosphere, be moved by the music and whether you chose to dance or sit and enjoy it, the choice should be yours. We hope that the Director of Liquor Licensing will look at this application on all its merits.

94

Appendices Appendix 01 – House Management – Code of Conduct and Harm minimisation policy Appendix 02 – 853 Hay St Bar – Floor Plan Appendix 03 – Sample Tapas and drink menu 11-45 Appendix 04 – Interior Concept design – Décor and Fit out Appendix 05 – Cocktail machine specifications Appendix 06 – Licensed premises list Appendix 07 – Surrounding businesses listing. Appendix 08 – Occupational Health and Safety Policy Appendix 09 – Introduction – surrounding businesses Appendix 10 – Occupational Health and Safety Policy Appendix 11 – Support Letter Appendix 12 – Support Letter Appendix 13 – Support Letter Appendix 14 - Drinking Statistics by age group in WA v Australia Appendix 15 – Responsible promotion and advertising of liquor policy Appendix 16 – Public Interest Assessment – Extension of Trading Hours Permit – 11 Forty-five Pty Ltd Appendix 17 – Example email to introduced business owner Appendix 18 – Example email response from resident – Durham house Appendix 19 – LLDA5A – Personal Particulars Appendix 20 – Support letter Appendix 21 – Support letter Appendix 22 – Support letter Appendix 23 – Support Letter - Adesina Appendix 24 - Sample Dress code sign Appendix 25 – Dress standards sign for entrance Appendix 26 – Email sent to businesses Appendix 27 – Certificate of Title Appendix 28 – Application for Planning approval Appendix 29 – Application for development approval Appendix 30 - Letter sent to Chief Executive Officer – Tourism WA Appendix 31 – Letter to Acting Executive Director OMI Appendix 32 – Signed declaration – PIA Appendix 33 – Signed declaration - ETP