Table of contents - Department of Racing, Gaming and Liquor
Transcription
Table of contents - Department of Racing, Gaming and Liquor
Public Interest Assessment (PIA) Grand Cinemas Currambine Table of Contents 1 Introduction Overview of proposal 2 2 2 Applicant’s details and background 3 3 Locality 5 4 Grand Cinemas Currambine 7 5 Intended manner of trade The licensed premises Trading conditions Services and facilities Harm minimisation 12 13 14 15 16 6 Harm or ill-health - Section 38(4)(a) At risk groups and sub-communities Social health indicators Strategies to be implemented to minimise harm and ill-health 17 17 21 25 7 Impact on amenity - Section 38(4)(b) How will the proposed premises fit into the amenity of the Locality? Positive recreational, cultural, employment and tourism benefits Consultation Outlet density Crime prevention through environmental design 25 29 31 31 32 33 8 Offence, annoyance, disturbance or inconvenience - Section 38(4)(c) Business management plan Strategies to combat offence, disturbance or inconvenience 34 35 36 9 Conclusion 36 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 Public Interest Assessment (PIA) Grand Cinemas Currambine 1 Introduction 1.1 This Public Interest Assessment (PIA) supports the application by Grand Theatre Company Pty Ltd (ACN 056 053 699) for the conditional grant of a special facility licence in respect of premises situated at Currambine Central, 1244 Marmion Avenue, Currambine, to be known as Grand Cinemas Currambine. 1.2 This PIA addresses all relevant aspects of the public interest in accordance with the Liquor Control Act 1988 (WA) and the Department of Racing, Gaming & Liquor’s policy ‘Public Interest Assessment pursuant to section 38 of the Liquor Control Act 1988’ as last amended 13 August 2015 (PIA Policy). 1.3 The applicant has recognised that the nature of its application is such that it may be considered as “complex” according to the PIA Policy and require a considerable amount of detail to properly address all of the PIA Policy issues. Indeed this PIA is comprehensive. 1.4 This PIA is part of the Applicant’s Case and should be read in conjunction with the other parts and the supporting material, all of which is itemised in the covering document titled Index of Material Before the Director and Applicant’s Case. 1.5 Where this document makes references to particular documentary material to support certain information and propositions, that material is cited by way of its document listing in the tables contained within the Index document (eg ‘(DOC1)’). 1.6 In accordance with the PIA Policy in respect of “complex applications” such as this, the applicant has had regard for “the matters outlined in section 5”1 of the Act. Submissions addressing section 5 matters are contained throughout this PIA and also in more detail in the applicant’s Legal Submissions (DOC 67). Overview of proposal 1.7 1 The applicant company is a long-standing, private, family based Western Australian organisation which owns and operates several cinema facilities in Western Australia including the following: 1.7.1 Grand Cinemas Armadale. 1.7.2 Grand Cinemas Bunbury. 1.7.3 Grand Cinemas Currambine. 1.7.4 Cygnet Theatre. 1.7.5 Grand Cinemas Joondalup. 1.7.6 Grand Cinemas Warwick – including licensed Grand Gold Lounge. At page 4 of the PIA Policy 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 2 Public Interest Assessment (PIA) Grand Cinemas Currambine 1.7.7 Grand Cinemas Whitfords. 1.8 This application involves a proposal to licence both the Grand Gold Lounge at Currambine, for a premium cinema experience and an additional auditorium for occasional functions and special events. 1.9 The licensed services proposed will be exclusively for the use and enjoyment of ticket-holding patrons of Grand Cinemas Currambine and invited guests at a private function at the premises. 1.10 Full details of the proposal are set out further on in this PIA. 2 Applicant’s details and background 2 2.1 Grand Theatre Company Pty Ltd is a private Australian company which has become a large and well-known part of the Western Australian cinema industry. There are six directors of the company, all but one of whom live in Western Australia. Grand Cinemas was originally formed as a family business in 1928 and through its history has been one of the great innovators in the West Australian cinema industry. In the days when a night out at the movies meant a trip to the city, Grand Cinemas was at the forefront, with a group of great old theaters in the heart of Perth. Then came the Drive-Inn era, and the company expanded through Perth's suburbs with a string of popular cinemas. Later movie-goers opted for the old trend of heading back into the city for a night out. This created another turnaround in the company's focus and the advent of multi-screen 2 http://www.grandcinemas.com.au/Page/About-Us 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 3 Public Interest Assessment (PIA) Grand Cinemas Currambine complexes. Grand Theaters was again a leader with the construction of the Cinema City opposite the Perth Town Hall. Then in early 90's when movies made a big return to the suburbs, the company developed the first of a chain of high-tech multi screen complexes with the first opening at Warwick in 1993. A complex in Bunbury followed before Currambine opened in 1999. Expansion followed in April 2004 when the company took over the Joondalup and Whitford City multi screen theatres from Greater Union and in 2005 the company opened its sixth complex in Armadale. On April 15 2014 Grand Cinemas launched their very first Gold Lounge at Grand Cinemas Warwick boasting two dedicated boutique cinemas complete with a luxury private lounge, fully licensed bar & in-cinema catering services. On July 7 2015 Grand Cinemas opened it's state of the art Dolby Atmos cinema at Grand Cinemas Currambine. This being the first of it's kind in Western Australia. Dolby Atmos creates powerful, moving audio by introducing two important concepts to cinema sound: audio objects and overhead speakers. Together, these completely change how soundtracks are created and heard. Dolby Atmos soundtrack brings alive the onscreen story as never before possible. The movie's sounds flow all around you with it's 51 speakers to completely immerse you in the action, heightening the impact of the story and creating a powerfully moving cinema experience. Each leather seat is wider and has more legroom than a standard session giving a more luxurious feel when watching the latest blockbusters up on the big screen! On October 30 2014 Grand Cinemas launched Grand Cinemas Cygnet. The Cygnet Cinema has held a special place in the hearts of Western Australian film lovers for the last 76 years. And, thanks to the famed Stiles cinema family, the iconic heritage-listed building is set to entertain many generations of cinema goers, both young and old, in the years to come. Though the Stiles family has owned the one-screen cinema since the late James Stiles built the then Como Theatre in 1938, in recent years it has been operated by a succession of several small independent parties. Despite these changes, the property has remained in the hands of the Stiles family and is now owned by the children of James Stiles, namely Colin Stiles, Norma Crossing and Carolyn Anderson. Now the architectural gem, which was named to honour Perth’s iconic black swans, is again being run by the Stiles family and, since October this year, has been operating as part of their Grand Cinemas chain of movie theatres. Still WA owned and focused, the Grand Theatre Company is proud of its history - which is nearly as long as the movie industry itself - and status as one of Australia's oldest 3 independent film exhibitors. 2.2 Included in the Applicant’s Case is a summary of the applicant company’s profile and the backgrounds of its officeholders (DOC 78). This shows the company to have extensive corporate and industry experience. 2.3 The company has experience holding a liquor licence and successfully conducting business under a special facility class of licence, through its popular Warwick cinema facility. The applicant enjoys an excellent track record there and has not been issued with any infringements. 3 Ibid 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 4 Public Interest Assessment (PIA) Grand Cinemas Currambine 3 Locality 3.1 The relevant Locality for this application has been determined as a 3km radius surrounding the site, based on the Director of Liquor Licensing’s PIA Policy. This area is generally depicted in the Google Maps below: 3.2 The applicant’s site, Currambine Central, is more closely depicted in the following image: 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 5 Public Interest Assessment (PIA) Grand Cinemas Currambine 3.3 The Locality area is within the City of Joondalup. It is a respectable and established northern suburban area which is mainly residential, although it does contain many other land uses including various commercial, retail, government and community. 3.4 Currambine is situated approximately 30km north of Perth. 3.5 Most notably the Locality comprises: 3.5.1 Indian Ocean. 3.5.2 Ocean Reef Boat Harbour. 3.5.3 Two large shopping centres. 3.5.4 Mitchell Freeway. 3.5.5 Joondalup train line. 3.5.6 Joondalup Resort. 3.5.7 Marmion Avenue. Other smaller shopping centres, open spaces and parks, community facilities and schools. 3.6 Most buildings in the area are one to three storeys in height. 3.7 The City of Joondalup “is in the fast growing northwest corridor of Perth, with its southern boundary located just 15kms from the Central Business District of Perth. With a population of approximately 164,000 and a total land area of approximately 97 square kilometres, the City is one of the largest local governments in Western Australia by population”4. 3.8 The City has been awarded the World’s Most Liveable City Award: The City is proud to announce its recent achievement in winning the “World’s Most Liveable City Award of 2011” at the UN-backed annual International Awards for Liveable Communities (LivCom). The LivCom Awards are the world’s only Awards Competition focusing on International Best Practice regarding the management of the local environment with the further objective of improving the quality of life of individual citizens through the creation of ‘liveable communities’. The City was a finalist in two categories: “Whole City Award” for population 150,001 to 400,000 Socio-Economic Project” for its Beach Management Plan In which it took out 1st place in its respective Whole City Award category. 4 http://www.joondalup.wa.gov.au/Welcome/AboutJoondalup.aspx 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 6 Public Interest Assessment (PIA) Grand Cinemas Currambine This required the City to meet the comprehensive award criteria that covered areas in relation to environmental best practice, healthy lifestyle of citizens, community involvement 5 as well as arts and cultural heritage. 3.9 More detailed particulars of the site and the growth and development in the Locality are provided further on in this PIA. 4 Grand Cinemas Currambine 4.1 Grand Cinemas Currambine is an impressive modern, high quality cinema complex comprising nine auditorium/theatres and screening ten or more different films each week, plus additional screenings in 3D, special event screenings (such as the AFL Grand Final), musical shows and private screenings and functions. 4.2 The applicant’s premium Grand Gold Lounge area at the Currambine complex is still under construction. It is due to be completed around early December 2015. 4.3 The applicant caters for all manner of cinema goer. A wide selection of differently rated and different genre films are shown at Grand Cinemas Currambine. 4.4 Generally the facility operates from mid to late morning, through to late evening, 364 days a year, being closed only on Christmas Day. Generally the first scheduled screenings are 9.30am and the last around 9/9.30pm. Private pre-arranged functions and special event screenings may sometimes be held at slightly different times and occasionally the applicant showcases special midnight screenings, such as for significant new film releases. 4.5 Around 35-40 sessions are conducted within the complex per day. 4.6 Session times and the number of sessions varies from day to day and depending on the number and nature of films on release. 4.7 The following are the applicant’s current published ticket prices for non-Gold Lounge and Gold Lounge, respectively: 5 http://www.joondalup.wa.gov.au/Welcome/AboutJoondalup/Awards/LivComAward.aspx 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 7 Public Interest Assessment (PIA) Grand Cinemas Currambine 4.8 Tickets can be purchased on-line or at the venue on the day. 4.9 Gift vouchers and movie money books are also available to purchase. 4.10 The auditorium comprise the following: 4.10.1 Auditorium 1 - standard cinema layout with mega screen – capacity 394 patrons 4.10.2 Auditorium 2 - standard cinema layout and screen – capacity 190 patrons 4.10.3 Auditorium 3 - standard cinema layout and screen – capacity 190 patrons 4.10.4 Auditorium 4 - special event cinema with mega screen and latest technology Dolby Atmos sound system, known as Cinemax – capacity 292 patrons 4.10.5 Auditorium 5 - capacity 157 patrons 4.10.6 Auditorium 6- standard cinema layout and screen – capacity 178 patrons 4.10.7 Auditorium 7- standard cinema layout and screen – capacity 178 patrons 4.10.8 Auditorium 8 - Gold Lounge 1 – premium cinema with in-cinema service – capacity 32 patrons 4.10.9 Auditorium 9 – Gold Lounge 2 – premium cinema with in-cinema service – capacity 40 patrons 4.11 The two Gold Lounge theatres and the Cinemax auditorium 4, which are the main focus of the application, provide enhanced cinema services for a different, premium experience. The type of seating, layout, audio visual technology and associated hospitality services are different for these three theatres. Further details are provided elsewhere in this PIA. The additional and more sophisticated services and facilities attract higher ticket prices, as referred to earlier on. 4.12 The following is a sample image of the impressive Cinemax auditorium 4: 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 8 Public Interest Assessment (PIA) Grand Cinemas Currambine 4.13 Grand Cinemas is the first in Western Australia to have the advanced Dolby Atmos technology, which is a significant development in cinema experience in this State and sets Grand Cinemas apart from others: 6 7 6 http://www.grandcinemas.com.au/Page/Cinemax 7 Ibid 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 9 Public Interest Assessment (PIA) Grand Cinemas Currambine 4.14 In addition to the nine auditorium, the complex also comprises large open foyer and promenade area, ticket box, candy bar, Grand Gold Lounge and toilets. Free on site parking is also available for patrons. 4.15 The complex has been designed with a relatively simple configuration which provides convenient and comfortable access and egress for patrons and staff. 4.16 The following is an extract of the applicant’s floor plan: 4.17 The areas the subject of this application and which are sought to be licensed are the following which are highlighted in yellow on the version of the floor plan below: 4.17.1 Grand Gold Lounge 4.17.2 Grand Gold Lounge Cinema 1 4.17.3 Grand Gold Lounge Cinema 2 4.17.4 Auditorium 4 – Cinemax 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 10 Public Interest Assessment (PIA) Grand Cinemas Currambine Auditorium 4 Grand Gold Lounge area (including Grand Gold Lounge cinemas) 4.18 In addition, the applicant proposes that the promenade area between the perimeters of the Grand Gold Lounge area and auditorium 4 - as cross-hatched in yellow on the floor plan extract below - be licensed for the purposes of making the operative licensed areas contiguous. 4.19 Further particulars of the intended manner of trade are set out in the next section of this document. 4.20 The applicant provides several loyalty programmes for patrons and a regular enewsletter for subscribers to be informed of upcoming releases, special events and film news. 4.21 The applicant caters for a range of different functions including group screening bookings, fundraising events, school excursions, out-of-school care groups and corporate bookings. Food and beverage packages can be tailor made for these occasions. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 11 Public Interest Assessment (PIA) Grand Cinemas Currambine 4.22 The applicant has previously obtained occasional licences for the sale and supply of liquor at private functions and special events. 5 Intended manner of trade 5.1 The applicant proposes to provide premium licensed cinema and function services in parts of the Grand Cinemas Currambine complex. 5.2 Generally the following is proposed: 5.2.1 An intimate, first class licensed in-cinema experience in the Grand Gold Cinemas. 5.2.2 An ancillary dining, drinking and socialising bar service for adult cinema patrons to enjoy in the Grand Gold Lounge. 5.2.3 A unique licensed function and event service for private-pre-arranged affairs in auditorium 4 which will only operate with liquor services occasionally, as and when private functions are booked or special events are arranged. 5.3 The applicant seeks approval to licence the Grand Gold Lounge area, including two Grand Gold Lounge cinemas and also auditorium number 4, as identified earlier on in this PIA as the yellow highlighted area in the floor plan image. The promenade area in between is sought to be licensed for the sole purpose of making these areas contiguous. The applicant does not otherwise intend to sell or supply liquor other than in the Grand Gold Lounge area, including Grand Gold Lounge cinemas and auditorium 4. 5.4 The lounge area is confined within the existing cinema complex and is a discrete section exclusively for patrons who hold current tickets to view a film. The Grand Gold Lounge will provide a bar facility and offer food and drinks for patrons before, during and after the screening of the film for which they have a ticket, or in relation to a function attended there. 5.5 The Grand Gold Lounge will be a sophisticated cinema-going experience designed to complement the watching of a film. 5.6 Target patronage for Grand Gold Lounge will comprise a broad adult demographic living primarily within 5 kilometres of the site. The proposed style of operation appeals to both affluent people of various ages who are prepared to pay the additional cost for their movie-going experiences on a regular basis and also for those less affluent who utilise the experience as a special treat. 5.7 Grand Cinemas has been steadily developing its patronage for films of a more artistic quality which are regarded as a crossover between popular entertainment and art. The ability to screen this type of film product in a Grand Gold Lounge cinema will enhance the development of this genre and enhance an increasingly popular entertainment service. 5.8 Licensing auditorium 4 will enable the licensee to accommodate special event screenings and functions which are too large for the Grand Gold Lounge cinemas or 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 12 Public Interest Assessment (PIA) Grand Cinemas Currambine require the Dolby Atmos technology. A small temporary bar will be set-up at the front of the theatre for the supply of drinks. As explained previously, liquor services will only operate in this theatre on an occasional basis, for short periods of time, for prearranged private functions or special events in auditorium 4. Patrons will not be permitted to exit this theatre with drinks in-hand. The licensed premises 5.9 The proposed licensed area where liquor will be sold, supplied and consumed represents only approximately 25% of the total cinema complex. 5.10 The exterior of the main building will not change. This application relates entirely to internal area within the cinema building. 5.11 The Grand Gold Lounge will comprise a dining, drinking and socialising lounge bar area alongside two theatres. Toilets are included in this area. This section will be largely screened from the general public, providing some exclusivity and also restricting the exposure of the liquor services to minors outside. 5.12 The lounge bar drinking area will have the capacity for up to approximately 100 people. The two theatres will be able to accommodate up to 72 patrons seated. 5.13 Both Grand Gold Lounge auditoria will provide patrons with Camatic Odeon Grande Motorized layback seats with one table per two seats. 5.14 Décor and fit-out in the Grand Gold Lounge area will be of a modern first-class lounge bar quality, very similar to that which has already been approved and operating successfully at the applicant’s Warwick premises. The area will comprise a great deal of seating and tables, as is clearly depicted in the floor plans. 5.15 The exterior of the Lounge area will have metal framed, fixed glazed panels and one set of glass doors which will remain closed except for emergencies 5.16 Access to the Grand Gold Lounge area will be from the common foyer through automatic opening doors into the Lounge. There will be no direct access from the public area into the Grand Gold Lounge cinema auditoria. Patrons will be required to pass through the staff-monitored lounge area first, where they will have tickets checked and if necessary, age identification verified. 5.17 Auditorium 4, situated separately from the Grand Gold Lounge area, at the end of the common promenade area, will accommodate up to 292 people seated in large modern cinema seats. Patrons attending a special screening event or private prearranged function in this auditorium will be able to enjoy a liquor service as part of the event/function experience, within the auditorium for the duration of the event or function. Staff will provide the liquor in the auditorium, from a temporary bar-set up at the front of the theatre, as required for the particular event or function. There will not be a permanent bar set up in this theatre. The licensing authority has previously approved this arrangement under occasional licences. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 13 Public Interest Assessment (PIA) Grand Cinemas Currambine Trading conditions 5.18 The applicant has carefully developed its proposed trading conditions, having regard for patron requirements for services and facilities, flexibility to facilitate the applicant operating as so required and also harm minimisation. 5.19 The conditions sought to be approved are as follows: 1 The licensee is authorised to sell and supply liquor for consumption on the premises only, seven days a week: 1.1 1.2 in Grand Gold Lounge to persons attending: 1.1.1 any film screening at Grand Cinemas Currambine and who possess a valid cinema ticket, for two hours before commencement of that film, during any interval and for one hour after the conclusion of the film, but not before 10am or after 12 midnight; and 1.1.2 a film screening in the Grand Gold Lounge cinemas and who possess a valid Grand Gold Lounge cinema ticket, for two hours before commencement of that film, during the film itself, during any interval and for one hour after the conclusion of the film, but not before 10am or after 12 midnight (except for occasional special screenings which commence at midnight); and in Grand Gold Lounge and auditorium 4, to persons attending a private pre-arranged function or special event being held in Grand Gold Lounge or auditorium 4, during the function or event, but not before 10am or after 12 midnight. 2 Trading is not permitted on Christmas Day or before noon on ANZAC Day. 3 Food shall be available to purchase during all trading hours. 4 Unaccompanied juveniles are not permitted in Grand Gold Lounge, or in auditorium 4 when liquor is served. 5 The licensee shall not promote or sell drinks which offer liquor by virtue of their emotive title such as, but not limited to, laybacks, shooters, slammers, test tubes, blasters and Jager Bombs. 6 No energy drinks shall be mixed with liquor or sold in any form on the premises. (For the purpose of this condition the term “energy drinks” shall have the same meaning as formulated caffeinated beverage within the Australia New Zealand Food Standards Code, with composition of 145mg/l of caffeine or greater.) 7 Drink options that include low alcohol liquor as well as non-alcoholic drinks shall be available for purchase during all trading hours. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 14 Public Interest Assessment (PIA) Grand Cinemas Currambine 8 5.20 A CCTV video surveillance system that records continuous images throughout the premises including all entrance and exit points to the premises shall be installed and maintained. The applicant also seeks a variation to the usual entertainment condition which is ordinarily endorsed on licences pursuant to policy of the Director of Liquor Licensing, so to authorise the screening of non-pornographic R 18+ rated films from time to time. The applicant only intends to screen R 18+ rated films on rare occasions, as and when appropriate to address consumer demand, for example, the Wolf of Wall Street, a popular and well-known 2014 film starring Leonardo DiCaprio. Services and facilities 5.21 As the floor plan indicates, the new facility will comprise a dining and drinking lounge where patrons can relax prior to and after seeing a film. Liquor and food will be available for consumption in that area. 5.22 Patrons will be able to pre-order food and drinks, from within the Lounge area, for consumption in either of the two Grand Gold Lounge theatres during a screening, as depicted in the image below: 5.23 Food options will range from light snack foods through to substantial meals and will include a range of desserts. A copy of the applicant’s reasonably priced menu is included in the Applicant’s Case (DOC 79). Prices range from $5.50 for ice-cream through to just $27 for a shared plate of sliders with chips or mini Wagyu sandwich with onion rings and chips. There are several shared plate options for patrons to enjoy as a couple or in a group. 5.24 Food will be prepared outside the licensed area in a purpose designed and constructed food preparation facility, behind the cinema candy bar. Staff will deliver the food into the Lounge area and auditorium 4, as required. 5.25 The range of liquor will comprise a considerable amount of choice, although will not be extensive given that the liquor service is ancillary to the screening of films. It will be a carefully selected range of bottled beer, wine, spirits and liqueurs. A choice of 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 15 Public Interest Assessment (PIA) Grand Cinemas Currambine five different beers, two ciders, three sparkling, five white wine and four red wine. Liquor items will be priced from $8 for a glass of wine, through to $45 for a bottle of champagne. Included in the Applicant’s Case is a sample drinks menu (DOC 80) which also contains several non-alcoholic options. 5.26 Various hospitality packages will be available for private functions and special events, designed to suit the particular arrangements. 5.27 Grand Cinemas Currambine will be promoted as follows: 5.27.1 Grand Cinemas website – updated regularly. 5.27.2 E-Newsletter to adult subscribers. 5.27.3 Screen advertising. 5.27.4 Radio. 5.27.5 Newspaper – Advertisements in association with Grand Cinemas directory advertisements in The West Australian and Sunday Times newspapers. The local community newspaper will be used for a specific promotional advertisement. Harm minimisation 5.28 The applicant is well aware of the need to minimise the potential harmful effects from the supply of liquor at the cinema into the community. Harm Minimisation Policy documents, included in the Applicant’s Case (DOC 56), have been prepared to address the Director of Liquor Licensing’s Harm Minimisation Policy as well as additional related aspects. 5.29 The applicant will draw on its experience at the Warwick premises and implement successfully tried and tested practices and procedures at that premises to minimise potential harm at the Currambine facility. 5.30 Every effort will be made by the applicant to conduct business under the licence in a manner that minimises the potential for harm or ill-health to occur, just as it has been doing in Warwick. The conditions proposed to be endorsed on the licence confirm this commitment. 5.31 Staff will be trained thoroughly on matters of harm minimisation and responsible service in addition to the applicant’s in-house operational and standards policies. Their training will be refreshed regularly. Staff will be impressively dressed in smart stylish uniforms designed to portray the standards of the applicant company and that of the Lounge. Included in the Applicant’s Case is a sample picture showing the types of uniforms being modelled (DOC 81). 5.32 The applicant has taken particular care in considering juveniles in the context of this application, knowing that the cinema complex does attract juveniles. The applicant is concerned to ensure that its new licensed services do not adversely impact on any juveniles. Strict policies will apply in respect of juveniles at the premises. No liquor will be sold or supplied to juveniles, or anyone suspected of trying to obtain liquor for 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 16 Public Interest Assessment (PIA) Grand Cinemas Currambine a juvenile. Unaccompanied juveniles will not be permitted entry to the Grand Gold Lounge or into any event or function in auditorium 4. 5.33 The design and layout of the premises will minimise the exposure of the Lounge area to unaccompanied juveniles outside. 5.34 The applicant will apply its strict policies in respect of drunkenness. No liquor will be sold or supplied to drunk people, or anyone suspected of trying to obtain liquor for a drunk person and any person identified as drunk will be asked to leave. The style of operation proposed and the trading conditions will limit the capacity and potential for people to drink excessively. Rapid or excessive consumption will not be tolerated. 5.35 Patrons will not be permitted to leave the Grand Gold Lounge area or auditorium 4 with drinks in hand. Patrons in auditorium 4 for a function or special event who wish to leave the theatre to go to the toilet outside will be required to leave their drink behind. Staff will monitor the single public entry/exit point in auditorium 4 to enforce this policy and ensure proper management and supervision of the supply and consumption of liquor in this area. 6 Harm or ill-health - Section 38(4)(a) At risk groups and sub-communities 6.1 In accordance with the PIA Policy the applicant has considered the groups of people described in that policy as being “at risk” from the consumption of liquor and those who may be considered as a sub-community. 6.2 Using data from the Australian Bureau of Statistics in respect to the 2011 Census8, the applicant has sought to identify the “at risk” groups, referred to in the PIA Policy, that exist within the Locality. The results of that research are set out in the table and sub-paragraphs below with reference to the suburbs which comprise the Locality area. The information researched was compared and contrasted with the Western Australian State averages so as to give it context. The table below refers to the “at risk” group in quotations, followed by the relevant Census category and then the Census statistical information: 8 At Risk Group/Census Category Currambine Iluka Connolly Burns Beach Joondalup Kinross Ocean Reef Locality average WA “Children and young people”/ persons aged 14 and younger 21% 22.3% 18.2% 25.2% 15.3% 24.9% 19.9% 20.1% 19.7% “Children and young people”/ persons aged 19 and younger 31.1% 33.9% 28.4% 34.7% 23.4% 35% 29.5% 30.1% 26.3% http://www.abs.gov.au/websitedbs/censushome.nsf/home/data?opendocument#from-banner=LN 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 17 Public Interest Assessment (PIA) Grand Cinemas Currambine At Risk Group/Census Category Currambine Iluka Connolly Burns Beach Joondalup Kinross Ocean Reef Locality average WA “Children and young people”/ average age of persons in suburb 35 39 42 33 33 33 40 36.4 36 “Aboriginal people and communities”/ Aboriginal and Torres Strait Islander people 0.6% 0.2% 0.1% 0.2% 0.6% 0.4% 0.4% 0.4% 3.1% “Families”/ couple family without children 28.1% 25.6% 35.5% 26.1% 39.6% 26.2% 32.5% 30.5% 38.8% “Families”/ couple family with children 57.9% 68% 54% 67.6% 41.8% 59.7% 56.3% 57.9% 44.9% “Families”/ one parent family 12.8% 6% 9.2% 5% 16.3% 13.4% 10.2% 10.4% 14.5% “Families”/ other family 1.2% 0.4% 1.3% 1.3% 2.3% 0.7% 1% 1.2% 1.8% “Migrant groups from non-English speaking countries” / Australia as country of birth 47.7% 44.8% 46.8% 46.9% 46.7% 51.7% 48% 47.5% 62.9% “Migrant groups from non-English speaking countries” / top three responses as to ancestry English English English English English English English English English Australian Australian Australian Australian Australian Australian Australian Australian Australian Irish Irish Irish Irish Irish Irish Irish Irish Irish 6.3 In respect to the additional groups of people defined as “at risk” in the PIA Policy and not specifically referred to in the table above, the following comments are made: 6.3.1 “People from regional, rural and remote communities”: (a) The Locality is not within a regional, rural or remote area. (b) Although the local community is not regional, rural or remote itself it is acknowledged that people from regional, rural or remote communities may visit the Locality from time to time and that some people living in the Locality may work within a regional, rural or remote area elsewhere. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 18 Public Interest Assessment (PIA) Grand Cinemas Currambine 6.3.2 “People in low socio-economic areas”: (a) Based on the following information obtained from the 2011 Census and the Real Estate Institute of Western Australia the Locality enjoys high socio-economic status: Socio-economic Indicator Currambine Iluka Connolly Burns Beach Joondalup Kinross Ocean Reef Locality averages WA Unemployed 4.4% 3.9% 3.6% 3.1% 5.8% 4.4% 4.2% 4.2% 4.7% Median weekly income - personal $710 $758 $710 $831 $667 $708 $693 $725 $662 Median weekly income - family $2,090 $2,675 $2,228 $2,619 $1,754 $2,013 $2,327 $2,243 $1,722 Median weekly income - household $1,910 $2,595 $2,042 $2,599 $1,533 $1,878 $2,096 $2,093 $1,415 Median house price $590,000 $850,750 $695,000 $857,500 $572,500 $550,000 $770,000 $697,964 $540,000 One year growth rate 8.6% -2.4% 3.0% -4.7% 7.3% 4.8% -1.9% - -1.8% Local Government position within the ABS “Index of Relative SocioEconomic Disadvantage” out of a possible 10 (10 indicating low disadvantage, 1 indicating high disadvantage) 10 10 10 10 10 10 10 - - (b) 6.3.3 Clearly there is nothing unusual, extraordinary or sensitive about the Locality in terms of the information contained in the table above. The area is strong and healthy in respect to the social health matters identified. “Mining communities or communities with a high number of itinerant workers”: (a) The Locality does not comprise any mining activities. (b) It is not known whether any itinerant workers live in the local community. No evidence of this could be identified. It is presumed that none live in the area given the nature of the area as an established residential community. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 19 Public Interest Assessment (PIA) Grand Cinemas Currambine 6.3.4 “Communities that experience high tourist numbers”: (a) The Locality is not known as experiencing high tourist numbers. There are no designated tourist sites within the Locality and no significant landmarks or other features known to be attractions to tourists. 6.4 As referred to earlier on in this PIA, the Locality is situated within the local government area that was awarded the “World’s Most Liveable City” in 2011 at the UN-endorsed International Awards for Liveable Communities. Clearly the area enjoys a positive status. 6.5 There is no stand-out “at risk” group identified from the information outlined above. Generally the Locality is consistent with State averages. Families with children and young people are the only notable “at risk” groups present and they do not represent in overly large numbers. 6.6 The applicant acknowledges that as its cinema complex caters for patrons of all ages and persuasions, families, young people and Indigenous people will be at the premises sometimes and therefore, care must be taken to ensure the liquor services in the Grand Gold Lounge do not adversely affect them. This will be achieved by the management strategies and style of operation explained throughout this PIA. 6.7 No groups of Aboriginal people are known to be living in the Locality itself in a discrete community unit as such as far as the applicant and its lawyers are aware. Only approximately 0.4% of the Locality comprises people within this at risk category. This can be contrasted with the State average of 3.1%. 6.8 The applicant does not currently experience many Aboriginal patrons as regular cinema goers and has never experienced any problems with any Aboriginal people in relation to its business. 6.9 The average age of residents is almost equal to that of the WA average, which indicates a community of relative maturity. 6.10 In view of the factors and circumstances outlined above it is considered that any priority groups of people relevant to the Locality in the application will not be put at risk if the Grand Cinemas Currambine licence is approved and that the potential harm and ill-health risk associated with the proposal will be very low. These propositions are based on the following key factors: 6.10.1 The premises proposed to be licensed is specifically related to the cinema operations and the screening of films. 6.10.2 The trading conditions which are proposed and the professional approach to management of the business will see at risk groups protected. 6.10.3 The applicant is dedicated to expanding its cinema services based on a premium quality in every respect which involves ensuring that the premises maintains its high standards and does not operate in a manner which causes problems in the community which could adversely affect its reputation. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 20 Public Interest Assessment (PIA) Grand Cinemas Currambine 6.10.4 The liquor services will not be available to the general public at large. Social health indicators 6.11 The information set out previously in this PIA does not reveal any particular issues in relation to social health. The indicators referred to suggest the Locality is enjoying a positive level of social health. 6.12 From an alcohol-related health reporting perspective, the Locality is within “Joondalup North” which has significantly lower rates of alcohol-related hospitalisation for men and women9. The total rate of alcohol-related hospitalisations in Joondalup (North) for the period from 2007-2011 was significantly lower (0.75 times) than the corresponding State rate. The rates for males and females were also significantly lower (0.69 times and 0.85 times respectively) compared to the corresponding State rates. The age-specific rates of alcohol-related hospitalisations were similar amongst males (573.2 per 100,000 person years) and females (497.5 per 100,000 person years). For the period from 2007-2011, Joondalup (North) residents were hospitalised a total of 1,336 times for conditions related to alcohol. They consumed 6,854 beddays (25.2 per 10 1,000 capita) at an approximate cost of $8,353,782 ($30.72 per capita). In total, there were 712 male alcohol-related hospitalisations and 624 female alcoholrelated hospitalisations in Joondalup North during the period 2007-2011. 6.13 The statistics provided in the sub-paragraph above correlate to a population of well over 40,000 people11. 6.14 In terms of crime in the Locality: According to the Community Safety and Crime Prevention Profile 2006-07, a total of 13,018 offences were recorded in the City of Joondalup in 2006-07, 7.7% more than in 2005-06. The most commonly recorded offences were ‘other theft’ (30.5%), ‘property damage’ (16.8%) and ‘residential burglary’ (7.1%). The rate of offence (ie: offences per 1000 persons) was lower across all categories compared to the wider North Metropolitan Region. Long-term trends in the crime rate indicate that the City of Joondalup has experienced less crime than the wider North Metropolitan Region across all categories (with the 12 exception of property damage from 1997-1998 to 1999-2000). 9 10 http://www.dao.health.wa.gov.au/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Cor _Download &EntryId =1125&PortalId=0&TabId=211 Ibid at page 15 11 http://www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/SSC50168?opendocument& navpos=220 12 City of Joondalup Community Safety and Crime Prevention Plan 2009-20011, at para 2.2 http://www.joondalup.wa.gov.au/files/councilmeetings/2010/Attach15agn160210.pdf 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 21 Public Interest Assessment (PIA) Grand Cinemas Currambine 6.15 Published WA Police statistics13 for the last financial year for the Locality are as follows: Search results for BURNS BEACH between July 2014 and June 2015 inclusive: Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 0 0 2 0 2 0 0 0 1 2 0 3 10 2 0 3 1 0 3 1 2 1 2 1 2 18 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 1 0 1 0 0 1 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 1 0 0 0 1 Search results for KINROSS between July 2014 and June 2015 inclusive: Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 2 5 1 4 3 6 4 2 5 4 4 4 44 3 2 2 0 0 4 0 3 2 3 1 4 24 2 1 3 7 1 1 0 1 1 1 1 2 21 0 0 0 4 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 1 0 0 2 0 1 0 6 Search results for ILUKA between July 2014 and June 2015 inclusive: 13 Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 0 0 0 1 0 0 1 1 1 3 5 4 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 http://www.police.wa.gov.au/Aboutus/Statistics/Searchcrimestatistics/tabid/998/Default.aspx 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 22 Public Interest Assessment (PIA) Grand Cinemas Currambine February 2015 March 2015 April 2015 May 2015 June 2015 Totals 0 1 1 1 0 4 3 0 3 3 0 24 0 0 0 0 4 4 0 0 0 0 0 2 1 0 0 0 0 1 0 0 0 2 0 4 Search results for CURRAMBINE between July 2014 and June 2015 inclusive: Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 1 2 1 2 0 6 7 1 6 5 2 8 41 2 4 0 3 2 0 4 4 1 1 4 2 27 1 0 1 1 4 0 0 0 0 2 0 0 9 2 0 2 0 0 0 0 0 0 0 0 0 4 0 0 1 0 1 0 0 0 0 0 0 1 3 3 0 2 1 2 0 3 0 0 1 0 1 13 Search results for OCEAN REEF between July 2014 and June 2015 inclusive: Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 2 2 2 4 5 5 0 5 5 0 2 1 33 0 6 3 3 4 2 3 3 2 2 3 5 36 1 3 1 4 5 3 0 0 1 3 2 0 23 0 0 1 0 0 0 1 0 0 0 0 1 3 0 0 0 0 0 0 2 0 0 0 1 0 3 0 1 0 0 1 0 1 1 0 0 0 2 6 Search results for CONNOLLY between July 2014 and June 2015 inclusive: Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 0 1 0 0 0 1 4 2 1 4 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 23 Public Interest Assessment (PIA) Grand Cinemas Currambine December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 1 1 3 1 2 1 0 10 1 2 2 0 0 0 2 19 0 1 1 0 1 0 0 3 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 3 Search results for JOONDALUP between July 2014 and June 2015 inclusive: 6.16 Month Assault Burglary (Dwelling) Burglary (Other) Graffiti Robbery Steal Motor Vehicle July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Totals 16 12 13 11 11 21 15 10 11 14 9 19 162 3 6 3 2 5 3 11 6 6 9 7 5 66 14 9 1 7 3 7 5 9 8 10 13 7 93 0 1 4 9 3 3 3 2 3 3 2 1 34 0 1 0 2 3 1 0 0 0 1 1 1 10 5 4 1 4 3 6 1 2 3 6 2 5 42 A total of 304 assaults were recorded in the tables above. This is a small percentage of the total assaults recorded for the north western metropolitan district, which is a much wider area. As the WA Police summary indicates below for this district 5,084 total assaults were recorded for the same period. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 24 Public Interest Assessment (PIA) Grand Cinemas Currambine 6.17 The statistical data in the tables above reveals that some crime does occur in the Locality. The applicant acknowledges this and will diligently operate its business in a manner which strives not to contribute to the crime rate. Grand Cinemas Currambine will be managed in a very professional and upmarket manner, consistent with the style of venue and pricing. Criminal behaviour will not be tolerated to any extent. When not operating, the premises will be securely locked and controlled by CCTV and other security systems. 6.18 Grand Cinemas Currambine is not currently known to attract regular criminal activity and enjoys an excellent trading record. The premises is maintained to a high standard which helps to ensure it is unattractive to would-be criminal behaviour. Strategies to be implemented to minimise harm and ill-health 6.19 The applicant has developed several strategies for the new services which will indeed minimise the potential for harm or ill-health to occur. Those strategies include the following: 6.19.1 Restricting the proposed licensed premises to discrete areas which will accommodate limited numbers of people who are there for a cinema purpose only and who will be closely monitored. 6.19.2 The proposed trading conditions set out earlier on in this PIA. Those conditions will clearly minimise the potential for harm or ill-health to occur and generally ensure a well-controlled, low risk, low impact operation. 6.19.3 Creating and maintaining a high quality premises in all respects, both physically and operationally. 6.19.4 Operating in accordance with the Management Plan and Code of Conduct. 6.19.5 Pricing entry tickets at a level which indicates a high standard and warrants the ticket holder being keen to experience and uphold the high standards. 6.19.6 Pricing drinks at a level which is high enough so as to help discourage potential rapid or excessive consumption. 6.19.7 Thoroughly training staff on all appropriate matters including responsible service of liquor. 6.20 Whilst the applicant has not operated a liquor licence at the premises previously, it is clearly a very experienced operator of public facilities generally, does have experience operating the Warwick licence and is more than capable of running the business in a manner which is controlled, supervised, safe and compliant. 7 Impact on amenity - Section 38(4)(b) 7.1 The nature of this proposal is such that the only impact which the new licensed premises will have on the amenity will be an operational one, through the provision of a service in high demand. The licence will enhance the role and serviceability of the entertainment complex in Currambine and elevate the overall standard of the shopping centre it is situated within. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 25 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.2 From an external physical perspective, the impact will be nil given that the licensed area will not be visible from the outside of the building. They will be contained within the existing cinema building. Internally, however, the new services will provide a wonderful new feature and diversify the range of cinema services and facilities. 7.3 The cinema complex is part of the Currambine Central shopping precinct. The basic footprint of which is shown below, followed by a list of the wide range of retail and related services and facilities which currently operate in the precinct14: 14 http://www.currambinecentral.com.au/centre-map/ and 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 26 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.4 Grand Cinemas Currambine fits perfectly into the mix at the site and makes an excellent contribution towards choice and diversity in services there. Licensing the premises will enhance its role and further complement and supplement the function of the site as a valuable centre for community services and facilities. 7.5 Currambine Central is the subject of a Master Plan which involves considerable expansion to the facility, described as follows: Plans are well advanced to expand Currambine Central and provide residents of Perth’s north-west with more diverse shopping services and experiences, whilst retaining its key strengths of convenience, strong anchor tenants and leading specialty retailers. The expansion will be undertaken within five precincts, each designed to have its own unique attributes, yet all contributing to a cohesive overall concept. The overall masterplan provides for a doubling in floor area to 20,000sqm across five 15 precincts. 7.6 At the 2011 Census over 40,000 residents were recorded as living in the Locality. The population has been increasing noticeably, further evidencing growth in the area and the need to provide further and better licensed services and facilities. At the 2001 Census the population for the Locality was approximately 33,355 and then recorded as 38,141 by 2006. 7.7 The City of Joondalup has a pro-active and forward-thinking approach to the development of businesses within its boundaries, evidenced in a number of policy statements in the Expanding Horizons policy document16 released by the City. The applicant’s proposal is entirely consistent with this policy. The relevant sections of Expanding Horizons in this regard include the following: 7.7.1 The City asserts it has a “high performing economy underpinned by a culture of entrepreneurship, innovation and investment” (page 1). 7.7.2 “The City is a deliberately planned commercial and residential hub for the North-West Metropolitan Region of Perth.” (page 3) 7.7.3 “It is estimated that by 2031 the population of the North-West Metropolitan Region* will have grown to 486,000. The regional level of Employment Self Sufficiency must increase from the current level of 45% to at least 60% if the negative impact of a relatively weak local employment base is to be moderated. Attracting the additional jobs required to achieve this level of Employment Self-Sufficiency presents a significant challenge for the Region in the coming decades. This equates to around 153,000 jobs in the Region by 2031, or approximately double the number of jobs currently available in the Cities of Wanneroo and Joondalup.” (page 7) The licensing of Grand Cinemas Currambine will generate more job opportunities. 15 http://www.currambinecentral.com.au/master-plan/master-plan-vision/ 16 The document is available online at http://www.joondalup.wa.gov.au/Govern/Publications.aspx 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 27 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.7.4 Regarding the development of the City and the creation of local jobs, the City has identified the following long term outcomes (page 12): (a) The creation of 20,000 new jobs by 2031. (b) An increase in visitor numbers. (c) The achievement of Primary Centre Status (meaning the City becomes a regional hub). (d) An increase in medium and larger sized enterprises. (e) Greater level of economic growth. 7.7.5 “Identifying and nurturing those businesses with higher growth potential and enhancing their levels of innovation and productivity is key to unlocking greater wealth creation locally and generating more employment… Encouraging a more dynamic ‘startup ecosystem’ and facilitating an environment conducive to business growth is vital in helping to develop an entrepreneurial culture and accelerate economic development in the region. (page 18) 7.7.6 The City in particular has prioritised becoming a ‘Destination City’ that attracts local, national and international visitors through a vibrant mix of entertainment and cultural destinations: “The specialist cross cutting theme ‘Destination City’ provides a specific focus on activities related to the visitor economy and tourism. This approach takes a broader perspective recognising the ‘visitor economy’ to include not only the more ‘traditional tourism activities’ such as accommodation and hospitality, but also retail and arts and recreation services identifying that a wide range of people”. (page 31) 7.8 Grand Cinemas Currambine is the only cinema in the Locality and will be the only provider of premium quality “Gold Lounge” level of cinema services within the City of Joondalup. 7.9 The City’s Joondalup 2022 Strategic Community Plan 2012-202217 reiterates the City’s long-term commitment to being a dynamic and prosperous community centre among the northern suburbs and further establishes the City’s priorities regarding the expansion of its entertainment districts. The present application responds directly to this. The Strategic Community Plan refers to the City being committed to creating a diverse, vibrant and entertaining City for its residents (page 11). It provides further as follows: 7.9.1 17 The City identified its primary vision as to create “A global City: bold, creative and prosperous.” (page 13) The document is available online at http://www.joondalup.wa.gov.au/Govern/Publications.aspx 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 28 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.9.2 The City also recognised its intention “To become a ‘Destination City’ where unique tourism opportunities and activities provide drawcards for visitors and high amenity for residents.” (page 61) 7.9.3 The City identified a need for the community to have access to world-class cultural and artistic events and facilities, and has advocated the following strategic initiatives: (a) Establish a significant cultural facility with the capacity to attract world-class visual and performing arts events. (b) Invest in publicly accessible visual art that will present a culturallyenriched environment. (c) Actively engage event promoters to host iconic, cultural and sporting events within the City. (d) Promote local opportunities for arts development. How will the proposed premises fit into the amenity of the Locality? 7.10 The applicant has considered this question, which is posed in the PIA Policy, as is addressed in the following sub-paragraphs. In further keeping with the PIA Policy, the applicant has had regard for both positive and negative issues. 7.11 The cinema complex has operated at the site for many years and forms part of a relatively large shopping centre commercial complex. No external building works are proposed by this application so as to impact on the external amenity. The existing building is an established part of the existing amenity and very well integrated into the area. It is an entrenched part of the commercial infrastructure. 7.12 From an operational perspective, the new licensed area will provide much improved cinema services and address public demand for the upmarket facility. Adult entertainment options in the Locality will be significantly enhanced by the new licensed services. 7.13 Also relevant to this section of the PIA, as referred to in the PIA Policy, are the following matters: 7.13.1 7.13.2 Public transport: (a) The site is very well supported by public transport. A number of buses travel to and near the site. (b) Currambine train station is within the Locality. Parking: (a) 4827-9638-1737_1148753, v.1 There is ample parking available at the site. © Lavan Legal 2015 29 Public Interest Assessment (PIA) Grand Cinemas Currambine (b) 7.13.3 Contribution to streetscape: (a) 7.13.4 7.13.5 During the peak operating periods of the licensed services in the evenings, the adjoining shopping centre will be closed and so its enormous parking areas are also available for cinema patrons. The Grand Gold Lounge will be situated well inside the cinema complex, have no external frontage and so will have no relevance to the outside streetscape. Potential impact on noise and anti-social behaviour: (a) The new Lounge will be neatly contained both physically and operationally inside the cinema building. Its sophisticated style of operation will ensure equal behavioural standards from patrons. (b) The complex has been purpose built for the cinema usage and has, therefore, sophisticated sound attenuation and noise controlling features. (c) Controlling and containing the noise is important to the applicant not just in terms of ensuring its operations do not impact adversely on the outside domain, but also in terms of ensuring that the cinema experience for patrons is of a high quality. The sound levels inside the theatres are imperative to ensuring a professional screening. (d) The auditoria have been acoustically treated and designed to minimise acoustic penetration between the interior and exterior of the premises. (e) The most commonly used licensed area will be the Grand Gold Lounge and its two small theatres which are small and intimate. Potential impact on vandalism, litter and criminal acts : (a) The cinema complex does not currently experience problems with its patrons or its business activities causing or creating such acts. The new licensed area will not change this. (b) No take-away services will be provided from the lounge and so patrons will not be leaving with food or drink packaging which might be littered. (c) Several rubbish bins are stationed in the applicant’s complex for easy disposal of rubbish. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 30 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.14 Marmion Avenue which runs past the site is a major arterial road through the Locality. Tens of thousands of cars have been historically travelling past every day18. 7.15 Nearby works recently commenced on extended Mitchell Freeway19, indicated a further level of considerable activity in the area, growth, development and expansion. Positive recreational, cultural, employment and tourism benefits 7.16 7.17 The new licensed services will offer many positive benefits to the community. 7.16.1 Recreational benefits – through the provision of a premium socialising and entertainment alternative being a facility that is sophisticated and an attraction for social engagement and relaxation. There is no premium class level of cinema service available in the metropolitan area north of Warwick some 15kms or so away, as the crow flies – further by car. 7.16.2 Cultural – through the enhancement of a cinema going experience, which will include, as referred to earlier on in this PIA, non-mainstream ‘art-house’ style films from time to time. The Grand Cinemas Currambine licence will service an enormous northern suburbs corridor. 7.16.3 Employment – through the creation of additional services which will require several staff and so will generate a number of full-time, part-time and casual jobs. 7.16.4 Tourism – to the extent tourists may wish to source entertainment in the Locality, Grand Cinemas Currambine as a licensed facility will provide them with the only upmarket cinema experience in the area and will provide allround cinema experience with local hospitality. The Grand Cinemas Currambine licensed services will provide further cultural benefits to the area in that the proposed type of cinema experience is more attractive to a demographic that has a greater appreciation of movies that fall into the artistic category. Accordingly, the applicant will be able to secure a greater number of movies that fall into the artistic and cross-over categories. In the process, this will increase the selection of movies available to cinema attendees in the area. Consultation 7.18 The applicant has consulted extensively with its existing patronage and the wider public. The results of this exercise have been that enormous and overwhelming support has been provided by the community for the licence application. 7.19 The consultation feedback comprises the following, copies of which have been included in the Applicant’s Case (DOCS 82, 84 - 87): 7.19.1 Survey. 18 Main Roads Metropolitan Traffic Digest 2003/04-2008/09, at page 38 19 http://www.albertjacob.net/freeway-work-begins/ 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 31 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.19.2 Questionnaire. 7.19.3 Letters from people in support. 7.20 Over 200 people participated and provided evidence of their attitude towards the application. 100% of which expressed support for the grant of the licence. The average age of participants is 34, revealing a mature patronage. 7.21 Those results reveal the applicant enjoys a wide catchment with many people stated their home suburb as being well outside the Locality. However, most live in the Locality, confirming the facility as serving the local community predominantly. 7.22 Only two people said they would not use the liquor services at Grand Cinemas Currambine. 7.23 During the consultation process participants provided many very positive personal comments about the applicant and it’s existing standard and style of operation which are extremely complimentary. 7.24 Many people also provide elaborate expressions of support for the application and reasons why the proposed services are needed and the many benefits those people envisage. 7.25 The voice of the community supporting the licence includes clearly stated support for the liquor service on Good Friday. 7.26 Included in the Applicant’s Case is a detailed breakdown of the results of the survey and questionnaire exercise (DOC 83). 7.27 Mr Albert Jacob, Member for Ocean Reef and Mr Troy Pickard, Mayor of the City of Joondalup, together with local business owner and resident Ms Shylie Le Cornu, have gone to the trouble of providing letters of support for the application (DOC 82), which also include reference to their desire for the proposed services on Good Friday. These people are intimately familiar with the local community and very well placed to express opinion on the proposal. Outlet density 7.28 In accordance with the PIA Policy the applicant has identified and considered all existing licensed premises situated within 500m of the applicant’s premises, which are as follows: 7.28.1 Dan Murphy's Currambine (liquor store) 7.28.2 Currambine Bar & Bistro (tavern) 7.28.3 Brasa Restaurant (restaurant) 7.28.4 Oscar's Restaurant Currambine (restaurant) 7.28.5 Sushi Master Misake Currambine (restaurant) 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 32 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.28.6 Basq (restaurant) 7.28.7 London Cafe (restaurant) 7.29 The liquor store is of no relevance to the present application as it is limited to the sale and supply of packaged liquor. Patrons at Grand Cinemas Currambine are not permitted to bring liquor into the cinema. 7.30 None of the existing licences provides its services at Grand Cinemas Currambine or in connection with any other cinema or any entertainment complex. 7.31 There are only a small number of licensed premium cinema services in the State. The nearest one in this case is approximately 15km away (straight line distance) in Warwick. There is no licensed premium cinema facility north of Warwick. The enormous growing northern suburbs corridor is totally devoid of such services. 7.32 There is no premium licensed cinema facility in the north of the City of Joondalup or the entire City of Wanneroo local government area, which is north of the applicant’s premises. There is also none situated in the City of Swan, to the east of Grand Cinemas Currambine. 7.33 Clearly the existing premises cannot cater for the applicant’s patrons. 7.34 The existing licensed premises provided a modest range of licensed food and beverage services and some packaged liquor, however, none provide licensed adult entertainment services and facilities. 7.35 Grand Cinemas Currambine will be totally different from the services and facilities offered by the existing premises, their locations and styles of operation. There is, in fact, no basis for comparison. 7.36 The addition of the licence proposed will be innocuous in terms of contributing to outlet density. It will not duplicate any existing service. 7.37 The applicant’s premises will cater for an enormous catchment area which otherwise has to travel the distance to existing facilities or go without. The new premises will add important choice and diversity in cinema and function experiences in the Locality. Crime prevention through environmental design 7.38 The ‘Designing Out Crime Planning Guidelines’ report, dated June 2006, produced by the Western Australian Planning Commission together with the Office of Crime Prevention considers how “planning and design of places, spaces and buildings can assist in reducing crime by the application of improvements to lighting, fencing, landscaping and surveillance of the area…” (at page v). ‘Designing out crime principles could be based on five design and usage concepts : surveillance access control territorial enforcement 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 33 Public Interest Assessment (PIA) Grand Cinemas Currambine 7.39 target hardening (security measures); and management and maintenance.’ (at page 10) The applicant’s proposal addresses these five criteria by way of the following : 7.39.1 There is considerable CCTV surveillance at the premises already. In addition, there is a large amount of lighting outside the premises in the carpark deterring criminal activity and staff are well-trained to monitor patron behaviour at the premises. 7.39.2 There are limited public access points which are under surveillance and clearly visible to the applicant’s staff. Access to the licensed areas is to be controlled by trained personnel who will check for and inspect patrons’ tickets and identification. 7.39.3 The whole building is very clearly identified as Grand Cinemas from the exterior. The licensed areas will be clearly separately identifiable. 7.39.4 All staff are well trained to monitor all activities in and around the complex, including emergency procedures. 7.40 Security and safety are key considerations for the applicant for many reasons. Every effort will continue to be made from both a physical perspective in terms of equipment and facilities, but also from an operational perspective, to ensure the premises are safe and secure at all times. The applicant already enjoys an excellent, largely trouble-free, record in this regard at the Currambine complex. 8 Offence, annoyance, disturbance or inconvenience - Section 38(4)(c) 8.1 It is recognised that as a licensed venue there will be potential for Grand Cinemas Currambine to cause offence, annoyance, disturbance and inconvenience. However, that potential is considered to be remote and the risk has been evaluated and addressed. For the following main reasons there is anticipated to be no offence, annoyance, disturbance or inconvenience of any kind to arise from the operation of the new licence: 8.1.1 The licensed premises will be contained, easy to control, intimate and passive. 8.1.2 The premises will not be available to the public at large. Patrons must qualify with the purchase of an appropriate ticket and/or invitation for a private event or function which will be sold at premium prices. Unaccompanied juveniles will not be permitted entry. 8.1.3 The premises will certainly operate predominantly as a cinema. The movie screenings will be the attraction and main reason for patrons visiting. The liquor services will be ancillary. 8.1.4 Harm minimising features and carefully prepared strategies have been presented as to how the business will be properly managed. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 34 Public Interest Assessment (PIA) Grand Cinemas Currambine 8.1.5 There are no sensitive problematic amenity issues. 8.1.6 The premises will be constructed, fitted-out and furnished to a very high standard which will command an equally high standard of patron conduct. 8.1.7 The operation will be run by very professional and skilled people. 8.1.8 Food will be a feature. 8.1.9 The relevant section of the public in this case is not considered ‘at risk’ of being adversely affected by the liquor services proposed. 8.1.10 The premises is not on any known route to a school, place of worship, hospital or any other potentially sensitive organisations. 8.2 It is most unlikely the granting of a liquor licence for Grand Cinemas Currambine will create any offence, annoyance, disturbance or inconvenience to people who reside or work in the vicinity of the proposed licensed premises. 8.3 The amount of alcohol likely to be consumed during the course of a session is unlikely to result in patrons becoming even close to intoxicated and furthermore the amount of alcohol that will be served to any one patron will be strictly monitored in any event. The very nature of ‘Gold’ standard of cinemas is the antithesis of antisocial behaviour. 8.4 The comprehensive range of evidence from the public shows very little concern about any likelihood to cause any problems of this nature. Rather the evidence is overwhelmingly in favour of the proposal succeeding. It is clear that the public consider the premium cinema services proposed are needed in the growing area. 8.5 No high risk factors have been identified in the Locality by the residents in their evidence, or have arisen from the proposal generally. The risk element that does exist, as with any licensed premises, is minimal and will be well very managed in any event. Business management plan 8.6 The applicant company’s directors have considered all aspects of their proposed manner and style of operation, including management. This is evident by the detail in this PIA. The company directors are highly professional business owners who are very capable of operating Grand Cinemas Currambine licence in a manner that is becoming of the company’s respected place in the Western Australian cinema industry. 8.7 The applicant has engaged highly qualified and professional people to assist in the proper design of the premises, management of the business and the preparation of this application. This reflects the directors’ diligence and business acumen. 8.8 As an existing successful business, Grand Cinemas Currambine is obviously already being managed very well. The same professional and dedicated approach to compliance, safety and management will be applied to the licensed areas proposed. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 35 Public Interest Assessment (PIA) Grand Cinemas Currambine Strategies to combat offence, disturbance or inconvenience 8.9 With reference to this point in the PIA Policy the applicant has identified the following strategies in the proposal that will actively operate to combat potential offence, disturbance or inconvenience: 8.9.1 Ensuring that the strategies designed to minimise harm and ill-health referred to earlier on in this PIA are capable of implementation. These strategies will be applied to the business for the actual purpose of combating offence, disturbance and inconvenience. 8.9.2 Operating pursuant to the trading conditions proposed. 8.9.3 Having and maintaining CCTV surveillance. 8.9.4 Providing décor that is of a high quality, passive and comfortable. 8.9.5 Giving clear instructions to staff to closely monitor noise and behaviour and to address anything which might lead to offence, disturbance or inconvenience. 8.9.6 Applying and enforcing a dress code. Signage will be displayed in various positions at the premises advising patrons of the dress code. 8.10 Importantly, the applicant’s consultation with local residents by way of the survey referred to earlier on in this PIA has revealed that none of them envisage problems to arise from Grand Cinemas Currambine being licensed in their neighbourhood. Further none of them expressed problems being experienced with the existing cinema operation and so therefore, it can be reasonably concluded the applicant must already be managing the facility well. 9 Conclusion 9.1 This document thoroughly addresses the PIA Policy in respect to the application. 9.2 The applicant has provided a detailed proposal including necessary formalities and a large volume of evidence from various sections of the community. 9.3 This PIA deals with all factors relevant to the public interest and careful consideration has clearly been given to all public interest factors. As required, the applicant has identified the relevant “at risk” groups and also both positive and negative points associated with the application. The positives and the negatives are addressed in this PIA and the applicant’s Legal Submissions (DOC 67). 9.4 The large number of positive public interest factors in this case far outweigh the few negatives which, in any event, have been addressed by the applicant in its proposal. There are a great many positive features associated with Grand Cinemas Currambine. The proposal will contribute towards the much greater cause of enhancing the growing and developing Locality for the future. 4827-9638-1737_1148753, v.1 © Lavan Legal 2015 36