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

11:45 (Nightclub)

11 Forty-five Pty Ltd

Public Interest Assessment

Extended Trading Permit – Ongoing and Indefinite Policy

Address: 853 Hay Street, Perth WA 6000 Licence: Nightclub license (not yet granted) Application ID Applicant: 11 Forty-five Pty Ltd Prepared by: 11 Forty-five Pty Ltd Date: March 2021

Contents 1. Purpose of Extended Trading Permit ...................................................................................................1

2. Extended hours of operation ...............................................................................................................1

2.1 Trading hours ...............................................................................................................................2

2.2 Area to be used ............................................................................................................................2

2.3 Lock-out .......................................................................................................................................2

Manner of trade ...........................................................................................................................................3

3. Description of the proposed business, manner of proposed trade and targeted client base.........3

4. What facilities and services will be provided by the proposed premises? ......................................3

5. What is the proposed manner of trade? .........................................................................................4

6. What is the target client base? ........................................................................................................9

7. Will the premises be distinguished by any theme or décor? ....................................................... 10

Part 3: Public Interest – section 38(2) ....................................................................................................... 13

8. Why is the grant of a licence in the public interest and how will it benefit the community? ...... 13

Part 4: Harm or Ill Health – Section 38(4)(a) ............................................................................................. 15

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

resorting to the locality? ....................................................................................................................... 15

10 What are the social health indicators for the locality? ............................................................. 16

11. What are the proposed strategies the applicant will implement to minimise harm or ill

health? .................................................................................................................................................. 16

Part 5: Impact on Amenity – Section 38(4)(b) .......................................................................................... 18

12. What is the nature and character of the local community? ..................................................... 18

500m from venue location .................................................................................................................... 18

501m – 2 kilometres ............................................................................................................................. 19

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

and negatively)? .................................................................................................................................... 20

Negatively ............................................................................................................................................. 20

Positively ............................................................................................................................................... 21

14. What will the positive recreational, cultural, employment or tourism benefits for the

community? .......................................................................................................................................... 23

15. Tourism ..................................................................................................................................... 23

16. Employment .............................................................................................................................. 25

17. Cultural benefit ......................................................................................................................... 26

18. Economic benefit ...................................................................................................................... 27

19. Recreational .............................................................................................................................. 27

20. What consultation with local government regarding the proposed premises has been taken

into account in establishing a business plan? ....................................................................................... 28

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

premises within the locality? ................................................................................................................ 28

22. 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? ..................................................................... 28

23. 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? ..... 29

23.2 Parking ...................................................................................................................................... 29

23.3 Taxi’s ......................................................................................................................................... 29

23.4 Train and bus stations ............................................................................................................... 29

24. What publicly available parking facilities exist in the locality? ................................................. 31

25. What is the contribution of the proposed premises to the streetscape and the atmosphere of

the area? ............................................................................................................................................... 31

26. 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? ............................ 32

27. What is the potential impact on the proposed premises on vandalism, litter, criminal acts? 33

Part 6: Offence, annoyance, disturbance, or inconvenience – section 38(4)(c) ....................................... 34

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

inconvenience to residents or business operators. .............................................................................. 34

Part 7: Community Consultation .............................................................................................................. 34

29. Are any of the following community buildings or facilities located in the locality of the

proposed licensed premises? ............................................................................................................... 34

30. Identify the stakeholders who will be served with a Notice of advising of the application. .......1

30.1 Schools and Educational institutes ..............................................................................................1

30.2 Hospitals, hospices, aged care facilities .......................................................................................1

30.3 Churches / places of worship .......................................................................................................1

30.4 Drug and alcohol treatment centres ............................................................................................2

30.5 Short term accommodation or refuges for young people ...........................................................2

30.6 Childcare centres .........................................................................................................................2

30.7 Local Government Authority ....................................................................................................2

30.8 Police Stations ..............................................................................................................................2

30.9 Regional Office of the Department of Indigenous Affairs ...........................................................2

30.10 Who will be consulted? ......................................................................................................................2

Declaration ...................................................................................................................................................3

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The applicant seeks to under Section 60(4)(g) of the Liquor Control Act 1988, to extend the trading hours of the premises. The application reference for the nightclub licence is: A990267190

1. Purpose of Extended Trading Permit The purpose of the Extended Trading Permit (ETP) is to extend the trading hours, adding an additional two hours at the beginning of the operating time to maximise the use of the space and entertainment options within the City of Perth.

2. Extended hours of operation 11 Forty-five Pty Ltd are seeking extended operating hours of the Nightclub licence for the following times:

Days of operation

Hours permitted

under licence

Extended trading hours

requested

Self-imposed

conditions of trade

Notes

Monday to Friday

6pm – 5am on the next day

4pm open – 5am on the next day.

Lock-out at 3:30am.

• Regular trading on Thursday and Friday with the option to open Monday to Wednesday if required for functions.

• Food will be available from 4pm until close.

Saturday 6pm – 5am on the next day

4pm-6am on the next day.

Lock-out at 3:30am.

• Food will be available from 4pm until close.

• 6am close aligns with public transport, this will allow patrons safe passage to public transport rather than hanging around for an hour waiting for trains and buses to commence.

Sunday 8pm – 2am on the next day

4pm – 5am on the next day.

Lock-out at 3:30am.

• Food will be available from 4pm.

Public Holidays

- New Year’s Eve (Sunday)

8pm – 5am on the next day

4pm – 6am Lock out at 1am

• Food will be available from 4pm.

- Christmas Day (Other than a Monday)

6pm-3am on the next day

4pm-5am

Lock-out at 3:30am.

• Applicable when Christmas falls on a Thursday, Friday, or Saturday.

• Food will be available from 4pm

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- Christmas Day (Monday)


No change

- Good Friday 6pm-3am on the next day.

5 am on the next day.

Lock-out at 3:30am.

- Anzac Day Closed by 3am on the morning of.


Applicable when ANZAC day falls on a Friday, Saturday or Sunday.

2.1 Trading hours While the trading hours requested may not fit traditionally with the core nightclub operating hours, Eleven Forty-five are seeking to maximise the impact to the area positively with an additional option for visitors and workers of Perth to enjoy a high-class venue without having to go nightclubbing. It is likely that the extension for the whole working week will not be used unless for a booked event, and trading will likely occur from Thursday to Sunday. It is likely that if approved for the extended trading hours being predominantly earlier in the evening, that the venue will see a decline in patrons after the anticipated after work crowd and therefore close temporarily before reopening for the traditional nightclub hours. This will be monitored when operational and conditional to approval and hours will be adjusted accordingly.

2.2 Area to be used The applicant is not seeking an extension of area, they will utilise the existing area, this application is an extension for time only.

2.3 Lock-out Where the Extension of trade is permitted as requested above in the Section 2 table above, then lock-out of the premises will commence at 3:30 am. This will mean that patrons leaving the club will not be allowed back into the premises and no new patrons will be allowed to enter. This will prevent already intoxicated people attempting to enter the premises when other venues are commencing shutdown and will ensure the safety of guests already in the premises. In addition to this, it will control the number of patrons leaving and potentially causing disturbance to the immediate and surrounding amenities.

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Manner of trade

3. Description of the proposed business, manner of proposed trade and

targeted client base. 3.1 Eleven forty-five’s target during extended training will corporate workers leaving

work of an afternoon, looking for a relaxing place to drink with a light snack. 3.2 In addition, given the number of offices in the area, it will also allow for after work

functions. 3.3 By being able to trade longer, this will facilitate the trade of office workers nearby

and provide an alternative venue to what currently is available in the area.

3.4 While several bars exist within a 500m radius, the rooftop space will be utilised predominantly for afterwork drinks with the cocktail machine available for more corporate clientele and with live music, or DJ performances available for a great afternoon wind down. For that reason, we are seeking the extension of time to create a different type of Nightclub experience and maximise the rooftop space with Perth’s exceptional weather.

3.5 This will create a point of difference with the rooftop providing the entertainment for

the late afternoon crowd and the ground floor not being utilised a great deal during this time.

3.6 It is assumed that the change of crowd during these earlier opening hours will

predominantly drinks beers, wines and cocktails with minor spirits being served. 3.7 This is particularly likely on the rooftop bar, with the draw being the cocktail machine

onsite. In addition, the assumption is that patrons will be in the venue for a shorter period of time, due to the nature of afterwork drinks and are unlikely to stay through to traditional nightclub service hours.

4. What facilities and services will be provided by the proposed premises? 4.1 With the presence of the kitchen, light snacks can be provided for those wishing to

have a snack. This includes tapas options shown in Appendix 03 – Sample Tapas menu of the main application.

4.2 The rooftop lounge with the addition of a pizza oven and the cocktail machine will

be additional attractions on the street and provide a draw card, not currently available to the public in the immediate area. This will create a great space to relax, unwind and enjoy entertainment.

4.3 The introduction of the rooftop bar will provide the cocktail machine, which will

enable smarter management of number of drinks a person can order and consume with the app-based ordering system and onsite staff will assist in monitoring this.

4.4 The opportunity to extend trading earlier of an afternoon, allows ample time to

provide live entertainment in the area of live music performances, including solo or group singing or bands, expanding the ability for the venue to promote CaLD groups and artists.

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4.5 Late night entertainment in the form of a DJ, will allow for the expansion and promotion of various DJ’s and other live music during the night to early morning.

4.6 Non-Alcoholic drinks and free drinking water will be provided to all patrons and

these will be included in the cocktail machines list of drinks available. 4.7 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.

4.8 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.

4.9 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.

4.10 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.

4.11 The variation of hours allows for a different type of trading to occur with the

extending trading, including lower capacity and seated options, particularly with the use of the Rooftop for after work drinks and entertainment. This will provide the venue with a significant point of difference and allow for variety of offerings through out any trading evening. Moving from live music performances to DJ music performances.

5. What is the proposed manner of trade? Purpose

5.1 We are seeking a permanent extension of trade to maximise on the spaces potential use and while a nightclub license is the best fit for purpose license, the extension means we can provide entertainment and additional services to customers at a different time of day.

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5.2 The predominant purpose is to create an attraction in the city for the rooftop bar and ground floor bar to showcase and experience the leading technology and ambience that is intended for the venue.

5.3 The open rooftop space surrounded by several buildings creates a great space to

create unique sounds and provided cultural entertainment offerings not otherwise found in Perth of a late afternoon.

5.4 The rooftop space will be used for late afternoon, evening, and early night events

and consequently we seek to extend the time for capturing the afterwork crowd. 5.5 By maximising the time the rooftop can be used, allows for use during regular and

acceptable hours for emitting live music, closing at a reasonable time, leaving the ground floor for the more traditional Nightclub operations.

5.6 The applicant does not propose that the rooftop bar will be used beyond midnight

trading, unless enclosed. This may be a consideration later in the future. The intent is to use the space for afternoon and evening events, but not for traditional nightclub hours.

5.7 The applicant proposes use of the rooftop bar for the predominantly period only for

the afternoon extension. Live music performances

5.8 While live music performances or DJ performances are a requirement of a Nightclub licence, this will be provided, however, will not be at the same decibel level that would ordinarily be found in a nightclub during these extended hours.

5.9 Live music will follow the Environmental Protection (Noise) Regulations 1997

requirements and take into consideration the volumes recommended in the Department of Planning and City of Perth, Special Entertainment Precinct plan and noise levels contained within.

5.10 This music will be significantly reduced to allow for a more casual ambience, to

encourage conversation and interaction with patrons. This will particularly be true for events commencing around the close of office hours times, to minimise any disturbance.

5.11 Live music will likely be in the form of music artists, including solo performers, duo’s

and trio groups who can perform the genre of music suited to later afternoon entertainment. These will likely be hosted on the rooftop level of the premises.

5.12 DJ’s when required will perform music that is more amenable to the environment

and time of day. 5.13 Consideration will also be given to His Majesty’s theatre and any disturbance that

may be caused by live music or DJ performances on events happening within the building.

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Provision of food 5.14 The availability of the kitchen on the ground floor and pizza oven on the rooftop

section of the bar will allow for the provision of tapas for patrons, allowing them to unwind and enjoy light tapas food options with their drinks.

5.15 This is a great alternative to existing options, where predominantly these are full

meals and not tapas and can be enjoyed prior to a dinner elsewhere. Entry to the venue

5.16 During these times, it is unlikely that an entry fee will be charged, and security will be available to check ID of patrons entering the venue.

5.17 Entry of juveniles will only be allowed when in the company of a parent or guardian

when entering before 9pm. 5.18 It is anticipated that volume of patrons during these extended times will be less than

50% capacity and will reduce lines and crowds gathering during these operational hours at the front of the premises.

5.19 While ID will still be required for entry into the premises, the same level of scanning

will not be undertaken before 9pm when traditional nightclub operation commences. 5.20 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. ID checking and Scanning of patrons

5.21 During the early evening trade, patrons will not require ID scanning, however, ID will still be checked for all patrons entering at the front door by security and door staff.

5.22 Staff will also be mindful of ID check requirements in the event they suspect the

person is underage. Event bookings

5.23 The venue will promote the options for events bookings for afterwork events including the provision of catering and live music.

5.24 This will provide alternative options to surrounding businesses where the rooftop

space and nightclub can be better utilised for private functions instead of booking a room or section in a tavern or restaurant.

5.25 Event bookings will be restricted from 4pm to 9pm for the rooftop bar and require

food to be ordered as part of the events. 5.26 Event bookings for the ground floor will be available up until 11pm and will also be

required to have food provided as part of the event. 5.27 The applicant intends to allow for rolling bookings for various events during for

example a Friday evening, where a rooftop event can commence at 4pm until 7pm. An event can be then booked from 8pm to 11pm, particularly for the rooftop space, the rooftop would then close and the ground floor activated for more control of the sound and any potential disturbance to surrounding residences or businesses.

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Responsible service of alcohol

5.28 The cocktail machine will allow patrons to order directly through their own apps, and inhouse tablet devices will allow people to register.

5.29 The applicant can identify limits of drinks allowed to be purchased. It is likely this will

be based on the type of drinks ordered and the timeframe in which they are being ordered and consumed. This can be controlled by the applicant and can be changed and adapted depending on the percentage of alcohol in each drink and the recommended serving size.

5.30 The cocktail machine can also serve beer, wine and non-alcoholic drinks. In

addition to the machine, for busy periods a manned bar will be available and additional monitoring of patrons will occur through this.

5.31 Further details of the machine can be found in Appendix 05 – Cocktail machine

specifications and how it operates. 5.32 At least one staff member and security will be required at all times to monitor those

ordering and collecting drinks and will be able to provide visual checks for those that may become intoxicated.

5.33 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.

5.34 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.

5.35 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. 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.

5.36 In addition to, the applicant will provide all staff with knowledge of the Incident

register and the requirement for incidents to register, including any incidents that may not be as a result of consuming alcohol at the venue, but attempting entry and being refused and any reports to police on people in the area causing disturbances or vandalising property.

5.37 Shots of spirits without mixers will unlikely be served after 3 am.

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Nightclubs in COVID-19 restrictions 5.38 The applicant acknowledges that in the current environment of business, the

likelihood of returning to strict lockdowns and capacity limits are likely to occur and are comfortable that these social distancing measures can be put in place and during the extended trading hours enforced much easier than for traditional nightclub hours and patrons for the purpose of dancing. Because of the nature of using during these extended times, providing sufficient distancing measures will be much easier to control and monitor and would allow for better operating measures.

Eleven Forty-five after COVID-19 restrictions

5.39 In the event that COVID-19 restrictions are completely eased, there is no for scene reason why anything within the business would change. We would continue to clean, sanitise, and provide a safe venue. It is likely that some but not all the COVID-19 social distancing signage would be removed, however, sanitation would remain a priority for the applicant.

Morning trade

5.40 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.

5.41 If this proves successful, then it will be integrated into the business model long term.

Juveniles and entry to the venue 5.42 Juveniles will be permitted into the premises, under the following conditions:

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

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• 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)

5.43 Time restrictions for juveniles:

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

5.44 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. Security

5.45 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.

5.46 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. 5.47 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.

5.48 It is likely for events and weekend trade, that the venue will employ additional

guards.

6. What is the target client base? Target market

6.1 In addition to the traditional target audience of a nightclub, the theme is likely to attract and be targeted to a mature, ethnic based crowd due to the high-class nature of the décor, technology, and ambience of the venue.

6.2 The Client base for the extended trading will be predominantly city-based workers,

regardless of their ethnicity, however, will be still targeted at a higher-class crowd and dress standards will be maintained.

6.3 High-vis, singlets, thongs, and casual clothing will not be permitted, and business

attire will be recommended during these extended trading periods. 6.4 Please see Appendix 24 for the sample Dress code sign.

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Juveniles and entry to the premises 6.5 For the purposes of the Extended Trading Hours Permit (ETP) juveniles will be permitted on the premises before 9pm during operational hours only when accompanied by a parent or guardian.

Responsible drinking practices 6.6 As mentioned in Section 5.1 and Section 6.1 above, it is likely that the after-work

crowd being targeted by the extension of trade will leave after a short time and this will enable the club to close and reset ready for normal Nightclub trading hours.

6.7 The venue will not allow patrons to stay in the venue from early evening after work

drinks to night events. Strict monitoring of patrons will be required to ensure this does not happen and for this reason, nightclub operations on the ground floor will commence after 9pm for normal trade and strict dress standards will be imposed. Those not adhering to the standards will be given an opportunity to finish their drinks and be asked to leave the premises but will be welcome back if they meet the dress standards.

6.8 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.

6.9 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.

6.10 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.

6.11 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.

6.12 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.

7. Will the premises be distinguished by any theme or décor? Fit out

7.1 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.

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

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7.3 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

7.4 The nightclub will be fitted with a large capacity VIP section, that will be bookable through the venue’s website.

7.5 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.

7.6 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. 7.7 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. First Floor – Rooftop bar 7.8 The fit-out 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. 7.9 Some fibreglass seating will be fixed, and all other furniture will be movable to allow

for configuration as required for live music performances. 7.10 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.

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7.11 Flooring will be anti-slip to ensure safety in the event of spillages and rain. 7.12 A partial retractable roof is likely to be installed from the main part of the building on

level one that is already in existence. 7.13 The retractable roof will allow for extended cover on hot or light rain evenings and

still allow patrons to enjoy the relaxed sounds. 7.14 Unlike the ground floor interior, furniture will be clean and neutral colours providing

the relaxed environment feel. 7.15 Furniture will be comfortable and large, with comfortable cushions, providing a

resort type bar zone. 7.16 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.

7.17 The combination of the water feature and the planter boxes will enhance the relaxed

feel and lend itself to live ‘cocktail garden’ performances. 7.18 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.

7.19 The existing building area once opened up through the removal of the brick wall

house a lounge area, continuing the luxury theme from downstairs. 7.20 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.

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Part 3: Public Interest – section 38(2)

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

the community? 8.1 We appreciate that people enjoy good music and a drink, without the need to go

clubbing. For this reason, we believe that the introduction of a venue who can provide live or DJ music late in the afternoon at a reasonable noise level will be a benefit to the area and workers who currently transit out of the area through Hay Street, heading to other bars or venues for a drink after work.

8.2 The introduction of DJ or live music entertainment afterwork with a cultural flavour

will provide an alternative and an option for those people who want to let off some steam and dance and have a good time, without the need to go to Northbridge and be out late at night. It is recognised that the more mature audience targeted by the applicant, may not wish to be in a Nightclub with a traditionally younger crowd or so late at night and this provides an alternative, while still enjoying the intention of the nightclub.

8.3 The additional hours provide the ability to provide variations in live entertainment

throughout the afternoon and evening, extending the opportunity for CaLD artists to promote their music to various crowds and audiences.

8.4 In addition to, the applicant believes that this will benefit other surrounding

businesses, including retail shops who trade later than 5pm on a Thursday and Friday particularly. This will include restaurants in the area who offer full meal service, where the applicant only intends on providing tapas, it is likely that after a drink or two, that they may seek a full meal before returning home.

8.5 People seeking entertainment or planning to attend an event will most likely seek

food or dinner options in the same area and this will enhance the number of people in the area before, during and after the early afternoon service times.

8.6 We believe that the extension until 6 am on Sunday mornings will benefit patrons,

by allowing them the ability to stay in a safe venue before transiting to public transport facilities to catch a bus or train, where currently finishing at 5 leaves them little option, but to drive, catch taxis or rideshare facilities.

8.7 While ordinarily these options would be encouraged, those who live close to public

transport hubs or prefer that as an option, may choose to catch public transport, but not feel safe waiting at train or bus stations for an extended period of time.

8.8 This extended waiting period, encourages bored antisocial behaviour, with the

likelihood of fights with other people leaving other licensed premises and their patrons having to wait.

8.9 Extended waiting periods can also encourage public nuisance in sleeping on

benches, in doorways, public urination and affray while waiting for public transport hubs to open. This creates additional stress and work for local police and other security providers within the area.

8.10 The additional hour also allows for easier access to taxi and rideshare facilities after

the traditional Nightclub closing peak period and will prevent people milling on the

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street or walking to taxi ranks nearby as Taxi’s and rideshare services will be more available and readily able to pick up customers at the later close time.

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Part 4: Harm or Ill Health – Section 38(4)(a)

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

travelling through the locality or resorting to the locality? 9.1 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.

9.2 At risk groups include but are not limited to2:

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.

• 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.

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

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

workers, particularly those leaving or attending work later in the evening. 9.4 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.

9.5 Activating the space at night may reduce the likely harm to any of the ‘at risk’

groups through passive surveillance, activation and lighting discussed.

9.6 In addition it is likely that ‘at risk’ groups likelihood will increase for school aged people or those under the age of 18 years of age, particularly with those leaving school and transiting through the city to reach apartments or office buildings to meet with parents working in the city.

9.7 It is unlikely but possible that juveniles will pass through the area to catch public

transport, although shops within the area may be frequented by this group.

10 What are the social health indicators for the locality? Please see Appendix 34 – Social Health Indicators of the Eleven Forty-five Public Interest Assessment application included in this application package.

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

minimise harm or ill health? 11.1 With a kitchen to be installed, food will be readily available until close, with the

options to provide takeaway breakfast options on close. 11.2 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.

11.3 It is intended that a pizza oven will be installed at the rooftop bar, to provide quality

pizza’s to patrons during the extended trading period in the afternoon along with the tapas menu. This will enhance the experience of patrons, allowing them to witness the pizza making and cooking.

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

customers. 11.5 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, along with the recommendation of water or non-alcoholic drinks.

11.6 Security will be employed to monitor the exterior and interior the premises.

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11.7 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.

11.8 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.

11.9 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.

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

bar and at the entry of the premises. 11.11 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.

11.12 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. 11.13 Staff will provide on request by patrons, taxi and ride share booking services. 11.14 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.

11.15 In addition to the above-mentioned strategies included in the Public Interest

Assessment that forms part of this application pack, the addition of food and seating are harm minimisation strategies during this period of service.

11.16 During the extended trading hours, patrons will not be able to stay from opening

until closing time. To manage this, stricter dress code will be enforced for late night operations, over the more relaxed dress code allowed for the targeted after work crowd.

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Part 5: Impact on Amenity – Section 38(4)(b)

12. What is the nature and character of the local community?

3

500m from venue location

4 12.1 Please see attached Appendix 07 – Surrounding businesses listing, based on

location walk arounds and Google maps look-ups.

3 https://www.scribblemaps.com/create/#/lat=-31.9527605&lng=115.8538169&z=14&t=hybrid 4 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

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12.2 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.

12.3 A small number of hospitality businesses within the area are open after 6pm until 12

and 2 am in the morning. 12.4 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.

12.5 There are Apartments located in Durham House via Munster Lane. 12.6 There are 8 hotels within 500m of the venue.

501m – 2 kilometres City of Perth5 12.7 The City of Perth residents come from 68 different ethnic backgrounds, while

workers in the city come from 196 different ethnic backgrounds. 12.8 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. 12.9 55% of residents are aged 20-39. 12.10 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.

12.11 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.

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

12.13 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.

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

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

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12.15 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.

12.16 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.

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

locality (both positively and negatively)? 13.1 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.

13.2 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.

13.3 The provision of culturally diverse entertainment and live music appeals to a wide

audience and predominantly those of mature age groups and the extension of time will allow the further exploration of these cultural performances and emerging artists.

13.4 The applicant believes that the point of difference of the venue and its offerings will

deliver a good fit for the City of Perth and diversify the cultural performance options, particularly with its neighbour of His Majesty’s theatre next door, they will both compliment and be at contrast with the cultural offerings.

Negatively 13.5 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.

13.6 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.

13.7 The extension of time, and likely reduction of patrons during the requested

extended time will allow for better management of patrons, and less waiting times, therefore minimising street disturbance with restless patrons at the front of the premises.

13.8 In addition to this pre-booked events during the extended trading time in the

afternoon, will allow for fast processing of patrons into the venue. 13.9 People leaving the venue early in the morning will be directed to public transport

hubs or be offered Taxi calling services.

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13.10 The applicant will direct staff to ensure rideshare or taxi services are also called

during this time of extended trading to collect patrons quicker and remove the extended time they are likely to cause disturbance on the street.

13.11 For pre-booked events, it is likely that the applicant will arrange for transport of

patrons from the venue to public transport or surrounding hotels. This will additionally move patrons from the street, reducing the noise impact to residents and businesses.

13.12 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.

13.13 Due to 13.12 that an acoustic test will be undertaken, not only for noise emission,

but for the effects on vibrations. 13.14 There is the potential and likely impact of surrounding business may experience due

to the sound travel through using the roof top bar for the extended trading period. 13.15 We acknowledge that some business who trade later at these times of the week,

including offices directly surrounding the premises, may experience some noise disturbance, however, with an acoustic test, we hope to be able to provide strategies to alleviate any of these concerns and impacts that may be likely, including the reduction of speaker volumes, restrictions on musical instruments used during performances and times of the performances.

13.16 Once in place the strategies will be managed and regular consultation of operation

with surrounding businesses will be undertaken to avoid any ongoing inconvenience.

Positively 13.17 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.

13.18 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.

13.19 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.

13.20 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

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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.

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

traffic and foot traffic to the area. 13.22 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.

13.23 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.

13.24 The venue has been vacant for five years and does not currently fit within the

amenity of the area. 13.25 The applicant believes that the increase of traffic in and out of the premises, during

these extended hours will provide passive and actual surveillance, particularly with security being provided at the front of the building during hours of operation.

13.26 With the extended trading hours, it is likely with people attending the bar that they

will spend money and time in surrounding retail and hospitality businesses after work hours. This increase visibility of people and creates a safer environment that otherwise once dark, seems like an isolated part of the city.

13.26 This will benefit the amenity of the area greatly with more spend in the area,

keeping small businesses trading for longer periods and encouraging more people to the area.

13.27 Technology is our big draw card, and we believe that local hotel guests will be more

likely to shop and seek entertainment within the area with attractions such as the technology we are introducing.

13.28 Visitors and guests to the hotels will feel safer to stay within the immediate locality

than venturing to less safe precincts or unfamiliar areas. It will mean that the distance to reach their accommodation is shorter and less risky.

13.29 The addition of the Extended Trading Hours Permit will increase the options for late

afternoon to early evening events and music or entertainment. It provides an expansion of entertainment options in the CBD of Perth, drawing tourists, business professionals and locals to be visiting the city for a variety of events.

13.30 We do not believe that this level of entertainment is currently provided as an after-

work option within the city. Most of these live entertainment offerings happen after dark.

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14. What will the positive recreational, cultural, employment or tourism

benefits for the community? The extended trading will provide more opportunities for meaningful employment for people with the likelihood of an additional 4 hours a day for a minimum of five employees during these extended trading times. This provides positive impact to people’s lives and provide an economic stimulation for them and their families. The extended trading provides opportunities to promote live music of CaLD artists who may not suit or be available for late night venues and events. This extends the offering of music and cultural displays to a broader audience and different demographics. The increased opportunity to provide promotion of CaLD musicians and artists also provides a niche opportunity for visitors to Perth to experience the rich cultural diversity found in our state. We believe that by providing these offerings and opportunities, it is significantly and positively effecting real reconciliation through education and cultural awareness.

• 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

15. Tourism 15.1 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.

15.2 These same people may not like the idea of a crowded nightclub but seek to enjoy

live music with the comfort of seating, tapas style food and drinks to be entertained, to dance to or to enjoy the music and relax. This provides an opportunity for this music offering at a lower level on the rooftop and at a lower sound level to enhance the enjoyment and not leave with ringing in your ears as occurs with traditional nightclubs.

15.3 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.

15.4 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.

15.5 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,

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designed to get people travelling within the State, however failed to focus on bringing people to the City of Perth.

15.6 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, this also provides more capacity within the city and this will provide an alternative to traditional nightclub venues.

15.7 Visitors and locals alike, seek entertainment, live music and DJ provided music in

after work situations and music in other venues are traditionally provided through controlled music systems with subscription services.

15.8 According to Tourism WA’s Overnight visitor Factsheet 2019 – Destination Perth6,

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. • 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.

15.9 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%.

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

three demographic groups. 15.11 A Faster Horses 7presentation 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, we want to be able to assist in drawing people back to the City.

15.12 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. 15.13 And yet Perth saw the second highest diversity in Precincts, second to Fremantle,

but ahead of Northbridge. This premises will increase the diversity in precincts and entertainment options to a wider audience and allow for diversification in alternatives to nightclubs in Northbridge.

6 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 7 https://www.tourism.wa.gov.au/Publications%20Library/Markets%20and%20research/Specialised%20reports/Perth-

entertainment-precints.pdf

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15.14 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.

15.15 Sadly only 11% of the people surveyed visited nightclubs. 15.16 People chose venues for their value for money, safety of the venue, the atmosphere

and whether food was served. 15.17 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.

15.18 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.

15.19 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.

16. Employment 16.1 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. In addition to the calculated 37 employees during normal trading of the proposed nightclub, it is likely that with extended trading hours, the business will additionally be able to successfully employ the following roles:

Event Manager – Employed part-time for management of all event bookings and arranging musicians and performances to occur on a weekly basis, with a minimum of 25 hours a week. Bartenders – Additional to the 12 bartenders likely to be employed for the main ground floor nightclub operation, it is likely for the extended licence, an additional 6 bar staff could be employed, or additional hours given to those already employed during the normal operational hours. Glassies – It is likely that for the extended trading, Glassies will be a requirement and will either see the time of existing staff extended or an additional 2-5 glassies be employed during these hours. Cleaners – While not a significant impact, it may be likely that for days where events are booked, that cleaning may need to take place between the event and the normal operation of the nightclub hours from late night. It may be necessary to employ someone to clean toilets, and generally cleaning duties in preparation for the late-night business operation.

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Chef – It is likely that an additional chef may be required, particularly for the rooftop bar operations and events. This person will be responsible for managing the food provided during these hours and staff. Sous Chef, Chef de partie - It is likely due to the extended hours and the operation of the kitchen particularly for events, and morning trade that at least an additional 2 kitchen staff will be required who will dish and cook tapas food either in the late afternoon or early morning and may be responsible for managing the pizza oven on the first floor rooftop bar. Security guards – Due to the type of licence and likelihood of larger crowds, security guards will be required for the extended trading period, including on both levels and when events are being held, additional guards may be required. At the very least two additional guards will be required. Door staff – at least an additional door staff member will be required for the extended trading periods, to greet patrons, check ID and direct patrons to the rooftop bar.

16.2 With the approval of the Ongoing Extended Trading Hours, 11:45 will employ an additional 15 staff or provide opportunities for additional hours of existing staff for a maximum of 15 hours each. Calculated with a minimum of average wage of $25 an hour, will inject a minimum of $6,000 into the economy. This can provide additional support to families, students and provide suitable employment to individuals.

17. Cultural benefit 17.1 The venue is targeting predominantly Afrobeat’s and cultural performances as a

genre of music to focus on over all other genres. 17.2 The applicant intends to heavily promote CaLD groups and artists to perform and

promote themselves through the venue and any events. 17.3 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.

17.4 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.

17.5 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.

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

private bookings and open events.

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17.7 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.

18. Economic benefit 18.1 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.

18.2 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.

18.3 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.

18.4 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.

18.5 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.

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

to 25% of all jobs. 18.7 In the 2019, Measuring the Australian NTE 20188 – final version, Western Australia

is reported to have approximately 10,000 people employed in the NTE (Night time Economy) sector in Perth alone. Attributing over 70% of the Core NTE turnover being from food, with only 10% coming from drinks.

18.8 Additionally through significant employment in the venue of various skilled and

partially skilled staff, the economic benefit to the state and employees will assist those families to contribute actively in society through a variety of means.

19. Recreational 19.1 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.

19.2 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

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

NTE_2018_FINAL_OnlineVersion_2019-09-02.pdf

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the difference in offerings of music, and aimed at a broader demographic, will give that demographic age range a venue suited to them.

19.3 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.

19.5 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.

19.6 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.

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

after work drinks and live entertainment. 19.8 The venue will be promoted to visitors to Perth through the surrounding hotels

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

20. What consultation with local government regarding the proposed

premises has been taken into account in establishing a business plan? Consultation has occurred with the City of Perth, including the proposed venture, the inclusion of the technology and aspects of the business to seek support and guidance.

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.

21. If you intend to sell packaged liquor, provide the name and address of

all existing licensed premises within the locality?

• We do not intend on selling packed liquor as part of this Extended trading application. We believe there are sufficient facilities in the area that provide this service.

22. 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 of the Eleven Forty-five Public Interest Assessment application included in this application package.

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23. 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? 23.1 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.

23.2 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.

23.3 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.

23.4 Train and bus stations Key EQ – Elizabeth Quay Station PU – Perth Underground WS – Wellington Street Bus station PS – Perth Station

• 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

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• 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

23.5 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.

23.6 Extension of trading hours earlier than the traditional 6pm provides ample opportunity for patrons to have a drink after work, around 4pm and still leave prior to public transport ceasing and provides an opportunity for those living in the city to avail themselves of options such as the CAT buses that run until approximately 7:30pm.

23.7 The request to extend trading to 6 am on Sunday morning, allows for patrons to

plan for public transport use and will reduce the time spent waiting for services to recommence, where this is their preferred method of transport home.

23.8 The impact of closing at the traditional time of 5 am, means that the likelihood of

people ‘hanging around’ public transport hubs and potentially causing disturbance is high, particularly with other nightclub venues closing at the same time.

23.9 The convergence of a percentage of nightclub patrons to those hubs after 5 am,

provides the perfect recipe for disorderly behaviour, including fighting, public urination, sleeping and generally causing disturbances.

23.10 The intention of closing at later time, again with the option to purchase food prior to

leaving, means that our patrons will be better equipped to leave the premises safely and make their way to public transport hubs to use the public transport facilities immediately without the requirement for up to a two hour wait. This will reduce likely aggression, caused by tiredness, alcohol consumption and agitation caused by standing or walking distances.

23.11 At regular closing times, taxi and rideshare offerings will be stretched and unlikely

that patrons will be able to securely obtain transport in a reasonable time. Patrons waiting on the street to catch either of these facilities again creates the likelihood of boredom and frustration, which can lead to destructive and loud behaviour.

23.12 With the opportunity to extend the time, this provides a relaxing of demand on taxi

and rideshare facilities and the ability for patrons if they wish to make their way to any of the transport hubs to catch public transport out of the city.

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23.13 We do not believe that closing at this time will encourage all people to stay until that

time and if they chose to carpool or use ride share facilities, these will continue at a time that suits them best, however, provides an opportunity for the option to stay at the venue until friends are also ready to leave, providing a level of safety in commuting in groups.

24. What publicly available parking facilities exist in the locality? As described in Section 23.2 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.

25. What is the contribution of the proposed premises to the streetscape

and the atmosphere of the area? 25.1 The ability to open earlier, will provide additional activation of the premises during

peak hour foot traffic leaving surrounding buildings and add to the ambience when music is streaming out onto the street, providing entertainment, and sparking interest as to what is occurring above street level.

25.2 The addition of any music onto the street level, where it is being played live,

particularly that of CaLD groups will increase the conversation about cultural celebration.

25.3 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.

25.4 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. 25.5 By activating the space, it will provide significant passive surveillance to the area for

longer periods during the evening/ early morning. 25.6 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.

25.7 Currently rubbish mills in the front of the venue and the signage currently on the

front make the building look messy. 25.8 Lighting will provide extra security to the area and provide safety for those transiting

between the west and central CBD areas late at night. 25.9 Activity for the extended period will enhance foot traffic to and through the area

during operation in the afternoon trading period.

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26. 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? 26.1 It is recognised that it is likely that by providing an extension of time earlier in the

afternoon, may increase anti-social activities in the area. This is unlikely to be due to these premises, due to the target market being business people, however, this demographic can be boisterous and rowdy.

26.2 The applicant through the provision of food and non-alcoholic options, as well as

sufficient seating for patrons on the rooftop bar and ground floor will reduce this anti-social behaviour, through reduction in agitation of people forced to stand for periods of time.

26.3 The addition of security during these operational hours will provide a visual

deterrent to those leaving and passing through the area to cause any disturbance of participate in anti-social behaviour.

26.4 The benefit of the venue is that unlike other venues there is no street front visual

line for patrons to feel the need to shout at people on the street. 26.5 Seating will be provided to patrons and drinking will only occur within the premises:

no alfresco will be available external to the premises. This will reduce the likelihood of any anti-social behaviours.

26.6 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.

26.7 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.

26.8 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.

26.9 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.

26.10 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.

26.10 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

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• 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.

26.11 The cocktail machine on the rooftop bar will be manned with staff to manage

consumption of alcohol. In addition, the machine allows for controls on the number and types of drinks that can be ordered during a given period to a single registrant. This will control the consumption and any attempts to bypass the machine controls through visual observation and management.

27. What is the potential impact on the proposed premises on vandalism,

litter, criminal acts? 27.1 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.

27.2 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.

27.3 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.

27.4 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. Rubbish bins will be located at the entrance and throughout the venue and bins are also available outside the premises on the street.

27.5 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.

27.6 Security will be employed and be placed at the front of the premises during

operational hours which will deter any potential vandalism on the street in the immediate area and will be able to call police or security services in the event of any disturbance.

27.7 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.

27.8 The applicant does not believe that the extension of trading hours will change the

potential impact of vandalism, litter, or criminal activity.

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Part 6: Offence, annoyance, disturbance, or inconvenience – section

38(4)(c)

28. Identify the strategies you intend to implement to address potential

offence, disturbance or inconvenience to residents or business

operators. 28.1 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.

28.2 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.

28.3 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.

28.4 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.

28.5 The applicant understands the impact on noise after 12 midnight and will close the rooftop bar area while an open-air venue at midnight and operations will continue normal operations on the ground floor.

28.6 Additionally, the applicant understands that it is important to open lines of

communication with surrounding businesses and residents, these people will be provided the business email address and contact number of the managers along with a complaint management process, in order to deal with any noise issues.

28.7 It is likely as the business commences that issues will be found, while testing and

set up begins. The applicant recognises the importance of early engagement and open lines of communication to seek feedback and address any concerns appropriately.

Part 7: Community Consultation

29. Are any of the following community buildings or facilities located in the

locality of the proposed licensed premises? 29.1 The impact on noise, antisocial activities within the area due to the rooftop bar

inclusion are not likely to be any different from above, however, the intent of the rooftop space to provide live music will likely increase noise to the street level and potentially cause disturbance.

29.2 As mentioned above, the noise will be limited to a reasonable level as determined

by the Environmental Protection (Noise) Regulations 1997 requirements in order to limit the disturbance to the street and surrounding premises, particularly during night

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performances and unless strategies are in place to enclose the space, the rooftop bar will cease providing music by midnight on any trading evening.

29.3 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.

29.4 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.

29.5 In addition, Cloisters Centre Management will be consulted with to ensure that

tenants are aware or the applicant is aware of any operational hours and likely disturbance through noise travel up the building to manage this appropriately and as best as practicable.

29.5 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.

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30. Identify the stakeholders who will be served with a Notice of advising

of the application.

30.1 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

30.2 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.

30.3 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

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First Church of Christ – Scientist

– Perth

264 St Georges Tce

30.4 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

30.5 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.

30.6 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

30.7 Local Government Authority The City of Perth has been consulted about the proposed venue.

30.8 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.

30.9 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.

30.10 Who will be consulted? The above listed businesses listed in Appendix 06, Appendix 07 will be contacted.

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It will include consultation via letter drop and email to the strata of Durham House and the NV Apartments complex on Murray Street. In addition, email addresses collected to surrounding businesses in a 200m radius of the premises will be provided as well as a letter drop.

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

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

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