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Prepared by Lavan on behalf of ALDI Foods Pty Limited Ref: Jessica Patterson [email protected] T: (08) 9288 6946 www.lavan.com.au © Lavan 2019 ALDI FOODS PTY LIMITED applicant for the conditional grant of a liquor store licence ALDI KARRINYUP Karrinyup Shopping Centre 200 Karrinyup Road, Karrinyup PUBLIC INTEREST ASSESSMENT DOC 01

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Prepared by Lavan on behalf of ALDI Foods Pty Limited Ref: Jessica Patterson [email protected] T: (08) 9288 6946 www.lavan.com.au © Lavan 2019

ALDI FOODS PTY LIMITED applicant for the conditional grant

of a liquor store licence

ALDI KARRINYUP Karrinyup Shopping Centre

200 Karrinyup Road, Karrinyup

PUBLIC INTEREST ASSESSMENT

DOC 01

Public Interest Assessment

ALDI Karrinyup

3459-2006-0941_1162785, v.2 © Lavan 2019

Table of Contents

1 Introduction 2

2 Overview of proposal 3 Consultation 6

Community demand 7

3 Applicant’s details and background 8

ALDI supermarkets 15

ALDI pricing and promotion 17

4 ALDI liquor model 19 The premises 21

Stock range 23

ALDI Exclusive Products 25

Low risk features of the proposal 27

5 Locality 28

Nature and character of local community 30

Karrinyup Shopping Centre 32

6 Section 5 37

7 Harm or ill-health – section 38(4)(a) 37

At risk groups and sub-communities 37

Social health indicators 40

Minimising harm and ill-health 43

8 Impact on amenity, quiet or good order – section 38(4)(b) 50

Outlet density 51

9 Offence, annoyance, disturbance or inconvenience – section 38(4)(c) 59

10 Tourism, community or cultural matters – section 38(4)(ca) 60

11 Other matters 62

Patronage 62 Security and crime prevention 63

12 Conclusion 66

Public Interest Assessment

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1 Introduction

1.1 ALDI Foods Pty Limited (ACN 086 210 139) seeks the conditional grant of a liquor

store licence to operate from a small space within the new ALDI supermarket that will

be constructed at the Karrinyup Shopping Centre, 200 Karrinyup Road, Karrinyup. If

granted, the licence will trade as ALDI Karrinyup.

1.2 This detailed Public Interest Assessment (PIA) supports the application and

addresses all relevant aspects of the public interest in accordance with both the

Liquor Control Act 1988 (WA) (Act) and the licensing authority’s Public Interest

Assessment policy1 (PIA Policy).

1.3 Pursuant to the PIA Policy, the standard Locality for applications involved a site in

Karrinyup is a 2km radius area surrounding the proposed site (Locality).

1.4 This PIA is part of the Applicant’s Case and should be read in conjunction with the

other parts, all of which are itemised in the document titled Index of Material Before

the Director and Applicant’s Case (Index). Where this PIA cites particular documents

with “DOC” followed by a number (eg “(DOC 1)”), it references material in the

Applicant’s Case by way of its listing in the tables contained within the Index.2

1.5 In particular, referred to throughout this PIA, are two detailed reports prepared by the

following experts that the applicant engaged in respect of this application (DOCS 8 and

9).

1.5.1 Patterson Research Group3 (PRG) surveyed people living in the Locality to

assess their attitudes toward the ALDI liquor proposal. This research was

done in June 2019 through a series of expertly prepared questions that

were put to a representative sample of residents.

1.5.2 Deep End Services4 (DES) has provided in-depth analysis of the Locality,

including a detailed analysis of demographics, planning policies and

strategies, trade catchment and density of licensed premises.

1.6 The findings in the reports prepared by these two experts supplement the applicant’s

own research and submissions in this PIA. Collectively, the documents provide a

significant volume of evidence to support the Applicant’s Case for the grant of the

ALDI Karrinyup licence.

1 https://www.dlgsc.wa.gov.au/department/publications/publication/public-interest-assessment-policy. Last amended 3

October 2018

2 Supporting material referred to in this document not produced by or for the applicant has been obtained from public sources

under licence. Where relevant, personal information within the supporting material has been redacted for privacy reasons.

Full copies of some of the source material accompany this PIA and are listed in the Index. Other material not so listed in the

Index can be made available in full if required and has only been left out of the Index to lessen the burden of paper on the

licensing authority.

3 https://www.marketresearch.com.au/about_us/overview.phtml

4 http://deependservices.com.au/index.php/about-us/

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____________________________________________________________________________

2 Overview of proposal

2.1 This application is made by a highly sophisticated and experienced packaged liquor

operator, which enjoys extensive supermarket and liquor retailing experience within

Western Australia, elsewhere here in Australia and overseas.

2.2 ALDI has been operating in Australia since 2001 when the first ALDI store opened in

Sydney. There are now over 580 stores throughout Australia, including

approximately 520 stores in the eastern states. Around 330 of those stores in the

eastern states include a liquor component.

2.3 The company is in the middle of a $700 million expansion into other states in

Australia, with approximately 70 stores to open in Western Australia and up to 50

stores in South Australia in total.

2.4 ALDI opened its first four supermarkets in Western Australia on 8 June 2016. By the

end of 2016, ALDI had opened 19 stores in total and served approximately 3.2 million

WA shoppers.5 There are currently 41 stores operating throughout this State, with

more expected to open this year.

2.5 ALDI is one of the largest and most popular retailers in

the world. Some customers are such passionate and

dedicated fans of ALDI’s wide range of household and

consumable products that they have developed their

own name, “ALDIholics”. There is a customer-driven

Facebook page named, ALDIholics, with its own logo

depicted to the right,6 devoted to information for ALDI

lovers.

2.6 Further in terms of social media, ALDI boasts strong following and popularity, as

shown in the screenshots below.7 These mediums are the modern day voice of the

public and significant representations of community sentiment.

5 http://www.perthnow.com.au/news/western-australia/aldi-to-open-14-more-stores-in-wa-in-2017/news-

story/0de29965fcd9712852ab9b2919908286

6 https://www.facebook.com/ALDIholics/

7 https://www.facebook.com/ALDI.Australia/ and https://www.facebook.com/ALDI.Australia/app/116943498446376/

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2.7 The emergence of the ALDI retailing concept into Western Australia, following the

company’s significant popularity in the eastern states, has been and continues to be

exciting and highly anticipated from the general public’s perspective.

2.8 The proposal is for a small liquor display/browse and checkout section of only

approximately 35m2 within the ALDI Karrinyup supermarket. A carefully selected and

exclusive range of unrefrigerated liquor is proposed to be available in a discrete and

clearly designated licensed area within the supermarket.

2.9 This liquor model is entirely unique to ALDI. Its various features referred to

throughout this PIA, make for a bespoke manner of trade. The boutique type of liquor

service is designed specifically to complement and accompany the diverse and

attractive ALDI supermarket services and facilities. This creates a true one-stop-

shopping8 convenience for customers, which is a key feature of the ALDI offering.

2.10 The ALDI liquor service was first made available in WA at the end of August 2017 in

five ALDI supermarkets. A total of 35 ALDI supermarkets have been approved to sell

liquor in WA, 26 of which are currently operating with the liquor service.

2.11 The ALDI liquor offering is described as follows by ALDI Australia’s Wine and

Sparkling Buyer, Mr Jason Bowyer:9

Like our grocery offer, ALDI’s liquor range is focused, ensuring that we offer great value

and exceptional quality. Since establishing in WA more than a year ago, customers have

spoken loudly about their desire for us to bring our popular liquor offering to the West.

ALDI partners with a number of high calibre international and Australian wine suppliers,

who each share our passion for quality. We have built strong relationships with these

suppliers, who are committed to ensuring that our wine products offer great value at their

respective price points.

8 This is addressed in detail in the applicant’s accompanying Legal Submissions (DOC 7).

9 https://www.aldi.com.au/fileadmin/fm-dam/Products/Groceries/Liquor/WA_Launch/ALDI_Media_Release_-

_WA_Liquor_Launch_1_.pdf

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2.12 In recognition of the launch of the ALDI liquor service in

WA, renowned wine expert Ray Jordan was invited to

sample six of the wines in ALDI’s WA stores. Mr Jordan

remarked that one of the wines in particular, being a $7

bottle of One Road South Australian Heathcoate Shiraz

2015 (pictured to the right), was “damn good”.10 That

Shiraz has also won several other awards, including

Double Gold & Best Value Shiraz of the Year at the 2017

Melbourne International Wine Competition. This Shiraz

is just one example of ALDI’s many high quality, value-

for-money, award winning liquor products.

2.13 The debut of the ALDI liquor service in WA was widely embraced by the public. The

following screenshots show the announcement on the ALDI Australia Facebook

page11 and the swarm of favourable reactions. Many of the comments revolved

around members of the public wanting the liquor service at their local ALDI

supermarkets. Some examples are provided below.12 There is clearly a significant

demand for the ALDI liquor service throughout WA. This anticipated demand has

since translated into significant patronage and sales at the ALDI liquor stores that

have begun trading.

10 http://www.perthnow.com.au/news/western-australia/aldi-will-start-selling-alcohol-in-perth-stores-from-today/news-

story/c59014afc215ba475dd1265a0e89eb4c

11 https://www.facebook.com/ALDI.Australia/posts/1716136855110475

12 Personal details have been redacted for privacy reasons. A fully copy of the post can be provided to the licensing authority

if required.

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2.14 Pictured below is a 3D aerial image indicative of the area proposed to be licensed in

respect of the liquor display/browse and checkout area.

2.15 This display/browse space is square and the displays themselves will form a basic U

shape as clearly seen in the image above. This design enables convenience and a

high level of surveillance of the area. The display/browse area will also comfortably

accommodate shoppers with their trolleys for added convenience.

2.16 The checkout closest to the liquor display/browse area is proposed to be licensed for

the purposes of the liquor transactions. Staff operating at this checkout will be able to

monitor all patron activity in this area.

2.17 The very small size and layout of the liquor display/browse area clearly confirms that

the liquor section is a complementary service to the supermarket and will help ensure

the area is well-controlled and supervised.

2.18 Additional details of the ALDI liquor offering are provided further on in this PIA.

Consultation

2.19 As part of its thorough preparation of this application, the applicant consulted

extensively with relevant authorities and the local community. In doing so, the

proposed liquor service has been explained and feedback sought.

2.20 The following consultation has been undertaken:

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2.20.1 In 2013 a representative from the applicant company met with officers from

the Racing, Gaming & Liquor arm of the Department of Local Government,

Sport and Cultural Industries (as it is now known) and notified the

Department in July 2015 that applications for liquor store licences would

soon be lodged. The applicant has subsequently liaised with the

Department in respect of modifications.

2.20.2 Representatives from ALDI and Lavan met with Police officers in the Liquor

Enforcement Unit on 31 July 2015.

2.20.3 Representatives from ALDI and Lavan met with the Chief Health Officer on

31 July 2015 and again with representatives from the Chief Health Officer’s

office on 12 March 2019.

2.20.4 An information and promotional flyer was distributed to households within

the Locality. A copy of that flyer is included in the Applicant’s Case (Pages 29

and 30 of DOC 8).

2.21 As referred to in the next section and also throughout this PIA, the applicant also

consulted extensively with the community through the market survey conducted by

PRG. The findings from the survey are contained in the expert’s report (DOC 8) and

show overwhelming support for the proposal and demand for the liquor service.

Community demand

2.22 The market research found that an estimated 96% of people surveyed would at least

try the ALDI store when it opened in Karrinyup.13

2.23 The market research reveals demand from the local community for the ALDI liquor

service. “[N]early eight in ten (79%) respondents who ever buy packaged alcohol

indicated that if shopping in an ALDI store which contained a liquor section, they

would purchase their take-away liquor requirements in that store. This proportion was

heightened to 83% amongst respondents who buy packaged alcohol at least once a

month.”14

2.24 The ALDI liquor display/browse area being confined within its supermarket footprint

was found to be of at least moderate appeal by 93% of respondents who are

packaged liquor buyers.15

2.25 The following extract from the PRG report (DOC 8) also supports the proposition that

the ALDI liquor concept certainly has the potential to change and enhance the

shopping behaviours of the local community:16

13 PRG report (DOC 8) at page 5

14 PRG report (DOC 8) at page 5

15 PRG report (DOC 8) at page 16

16 PRG report (DOC 8) at page 5

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The packaged alcohol purchasing pattern for this locality shows that currently the most

common pattern of buying packaged liquor is on a special shopping trip to a “walk in and

browse” store. 43% report doing all or most of their packaged liquor purchasing on a

special trip to a “walk in and browse” store, compared to 33% who shop for their

packaged liquor requirements in connection with their grocery shopping.

The finding that a further 30% report buying their packaged liquor requirements on about

half their liquor shopping occasions (creating a net of 63% who report that they do so on

at least half their grocery shopping behaviours) suggests an emerging behaviour pattern

of purchasing alcohol in conjunction with grocery shopping, though still with more

potential to expand further.

It was not surprising to find that the option of being able to buy their packaged liquor

requirements from a liquor section within the grocery store would be seen as more

convenient.

2.26 The Karrinyup community members have the opportunity to enjoy the full range of

ALDI’s offering, including its liquor service. The ALDI retailing concept is enormously

popular with shoppers all around Australia and in other countries.

2.27 Further in terms of ALDI’s popularity within the general community, in response to the

initial refusal of the ALDI Harrisdale liquor store licence application at first instance in

June 2016, a massive 8,637 people took it upon themselves to participate in an

Internet survey conducted by Nine News Perth (DOC 18) which asked: “Do you think

ALDI should be banned from selling alcohol because it’s too cheap?” Within just two

days 86% of those who participated answered “no”. This represents a staggering

7,428 people. Relevantly, the survey was conducted without any involvement from

the applicant. It was completely unsolicited.

____________________________________________________________________________

3 Applicant’s details and background

3.1 ALDI operates more than 11,000 stores across 19 countries.

3.2 The company has become a world-leading supermarket operator since it was

founded in 1913 in Germany as a family business. The following provides some

detail about the history of the organisation.17

The first foundation stone was laid in 1913 with the opening of a small food store in the

German town of Essen. It didn't take long for this little 'service store' to become a

popular place to shop.

During the '40s, an expansion program was created and more ALDI stores were

opened. In 1954, a celebration was held for the opening of the 50th store in Germany.

By 1960 ALDI had grown to a network of over 300 stores between the Ruhr Valley and

Aachen. The prosperous family business was then divided into two independent

companies: ALDI Süd - to service the South, and ALDI Nord - for the North.

17 https://corporate.aldi.com.au/en/about-aldi/aldi-history/

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'Self-service' was still a relatively new retail structure in the '60s and ALDI became the

first company in Germany to adopt this new retail concept. While customers were still

able to take advantage of the same high quality products as before, they could now

purchase them at much more competitive prices.

In 1983, ALDI Süd started chilled distribution depots and sold fresh products such as

cheese, yoghurt and sausages. Frozen products came in 1998 and were closely

followed by fresh meat. ALDI, to this day, continues to keep up with the ever-evolving

taste of the modern consumer.

3.3 ALDI’s published mission is to provide the public with “incredibly high quality at

impossibly low prices.”18 This is achieved through a highly sophisticated business

model involving a very focused selection of products and advanced levels of

systemisation and organisation designed for optimum efficiency and product control.

ALDI is dedicated to maintaining consistency in its philosophy of incredibly high

quality at impossibly low prices.

3.4 ALDI is a responsible and sophisticated corporate citizen and operates pursuant to

very high standards and key performance indicators, which include the following

published principles:19

ALDI works to ensure customers quality products at the best price. Our responsibility to

customers is intrinsically linked to the health and nutrition of all our products, and we are

constantly reviewing our range to improve its nutritional content.

We have a number of initiatives that go above and beyond mandated legal

requirements. These include:

• Providing clear product information, including easy to read nutritional and allergen labelling

• Maximising the positive nutritional benefits of our products through dialogue with independent bodies

• Minimising any potential harmful impacts of our products

• Meeting or exceeding nationally recognized standards for health and safety

3.5 Included in the Applicant’s Case is a copy of the ALDI Corporate Responsibility Policy

(DOC 12) and other ALDI published policies in respect of consumers, resources,

suppliers, operations and community (DOC 13). These policies, together with other

information in this PIA, collectively illustrate the applicant’s very high standards and

superior level of corporate responsibility.

3.6 ALDI has published the following statements in its Smarter Shopping brochure (DOC

17):

We are exacting in our pursuit of quality and work closely with all our suppliers to deliver

products that meet stringent international standards for quality, nutrition and taste. Every

single product that appears on ALDI’s shelves has been sampled, tested and signed off

by senior management before it is added to our range.

18 https://www.aldi.com.au/en/about-aldi/customer-information/

19 https://corporate.aldi.com.au/en/corporate-responsibility/consumers/

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Once it is in our stores, the rigour does not stop there. Each and every product that

appears on our shelves is tested a number of times throughout the year to ensure it still

meets the strict specifications we set at the very beginning.

3.7 ALDI’s corporate responsibility principles also apply to its partners and suppliers. For

example:

3.7.1 ALDI encouraged Australian suppliers to support and work with a range of

international ethical sourcing groups. The following was reported in

September 2017:20

Aldi has asked Australian suppliers to sign up to a range of international ethical

sourcing groups and start auditing their own supply chain and manufacturing

systems.

…an Aldi spokesperson said Aldi’s corporate responsibility principles guide Aldi

through its day-to-day actions and it is important it partners closely with its suppliers

to achieve high standards.

“In addition to requiring high social standards throughout the supply chain, we also

aim to: source raw materials responsibly, lessen our impact on the environment,

support Australian businesses and give back to the communities we operate in, and

help make healthy choices affordable for our customers,” Aldi’s spokesperson said.

3.7.2 ALDI announced in October 2017 that it will help support the delivery of the

New South Wales Government’s sustainability initiative, dubbed Return and

Earn Container Deposit Scheme. The initiative aims to halve the number of

bottles and cans thrown away in parks, beaches and waterways. In a

statement, ALDI said it was “committed” to supporting and “participating in

the largest litter reduction initiative in NSW.”21

3.7.3 Most recently, ALDI announced its goal to “reduce the amount of plastic

packaging by 25 per cent by 2025 through a number of steps, including

replacing the packaging of fresh produce to more sustainable alternatives

and phasing out unnecessary single-use plastics by the end of next year”22.

The company will work with its business partners to identify ways and

innovate solutions to reduce their reliance on plastics.

3.8 ALDI operates pursuant to a highly-evolved corporate structure (DOC 11) and very

sophisticated hierarchy whereby staff at each level are entrusted with a high degree

of responsibility and are provided with extensive and comprehensive training and

support.

3.9 ALDI’s pursuit of excellence and quality in all things is evident in the many accolades

it has won in Australia. The following paragraphs describe some of its awards just

within the past few years.

20 http://www.ausfoodnews.com.au/2017/09/11/aldi-tightens-supplier-corporate-social-responsibility-standards.html

21 https://www.insideretail.com.au/blog/2017/10/10/woolworths-and-aldi-sign-up-to-can-scheme/

22 https://www.heraldsun.com.au/business/companies/aldi-announces-plastic-bag-ban-support-will-phase-out-singleuse-

plastic-by-2020/news-story/0737f2d3da9e6547efee0a28eda09803

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3.9.1 ALDI was named the 2016 Retailer of the Year by the Australian Retail

Association.23 In awarding ALDI this prestigious title, the Australian Retail

Association noted that a key factor behind the organisation being selected

was its strong track record for creating innovative staff programs, investing

heavily in its staff with above-industry standard pay and staff development

opportunities. ALDI won the award “in recognition of its growth, influence

and market leading policies, which have seen the supermarket chain

significantly challenge the majors in its category and beyond with the

implementation of innovative sales approaches.”24

3.9.2 ALDI was also nominated Roy Morgan Research Supermarket of the Year

2016. This is the fourth time since the customer satisfaction-based awards

were first established in 2011 that ALDI has claimed this title.25

3.9.3 ALDI won several awards in BrandSpark International’s 2017 Best New

Products Awards, “taking out the top prize in 16 different categories,

including household cleaning, skin-care and fabric softener.”26

3.10 ALDI’s momentum in achievements has not stopped. Just last year alone the

company was recognised for its popularity and success in the market place:

3.10.1 In July 2018 it was announced that ALDI was voted as “the most trusted

brand” in Australia in a Roy Morgan Research survey.27 It was reported

that the success of this global retailer in the Australian market “has been

built not only on discount prices but also a reputation for reliability and

meeting the needs of consumers.” Roy Morgan Research highlighted that

important drivers of trust “include reliability, customer focus, knowledgeable

staff, ease of contact and previous good experiences with the company, in

addition to other key performance indicators.” This accolade is a testament

to ALSI’s high level of corporate social responsibility and dedication to its

customers.

3.10.2 ALDI recently rated at the top of Canstar Blue’s 2019 customer satisfaction

ratings for supermarkets, again.28

23 http://www.smartcompany.com.au/industries/retail/73746-aldi-crowned-australias-retailer-year-embarks-major-expansion-

100-new-stores/

24 https://www.retail.org.au/mediacentre/australias-top-retailers-crowned-at-2016-eftpos-ara-australian-retail-awards/

25 https://www.aldi.com.au/en/groceries/awards/roy-morgan-supermarket-of-the-year-2016/. Roy Morgan Research is

Australia’s best known and longest established market research company, https://www.roymorgan.com/about

26 http://www.ausfoodnews.com.au/2017/02/20/products-of-the-year-awards-for-2017-announced.html

27 https://www.roymorgan.com/findings/7653-aldi-most-trusted-brand-in-australia-201807060755

28 https://www.canstarblue.com.au/stores-services/supermarkets/. Canstar is Australia and New Zealand’s premier research

and expert ratings agency: http://www.canstarblue.com.au/about-canstar-blue/

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3.10.3 In October 2018, ALDI was crowned 2018 Retail Employer of the Year at

the Australian Retailers Association awards. “To be in the running, [ALDI]

had to demonstrate a strong track record across a range of areas, including

staff education, training and development, internal communication,

community support programs and Corporate Social Responsibility”.29 The

Association remarked that “ALDI have proven to be “fierce contenders” with

29 https://www.aldiunpacked.com.au/Article/October-2018/ALDI-crowned-Retail-Employer-of-the-Year

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a strong commitment to diversity, non-discrimination and support to all

employees.”30 The Association even considered ALDI to be “pioneers in

the retail sector”.31

3.11 More specifically, ALDI is also an award-winning retail liquor supplier. ALDI was

named Liquor Store of the Year 2017 at the Roy Morgan Research Customer

Satisfaction Awards.32

3.12 These awards by Roy Morgan Research recognise companies across a range of

industries that go the extra mile to please clients and customers. These awards are

“the benchmark by which customer satisfaction is measured in Australia, New

Zealand and Indonesia. Reliable, accurate and totally objective, the Australian

awards reflect the experiences of some 50,000 consumers, as aggregated in [Roy

Morgan’s] Single Source survey over 12 months.”33 There can be no question as to

the credibility of these awards and certainly no doubt that ALDI customers are

immensely satisfied with the liquor service ALDI provides.

3.13 Jason Bowyer gave the following remarks on this achievement of ALDI’s:34

At ALDI Australia, we are delighted to win the Roy Morgan Customer Satisfaction Award

for Liquor Store of the Year 2017. We believe that all our products, from our award-

winning $19.99 Monsigny Brut Champagne to our red and white wines, deliver

exceptional value, quality and consistency. It’s great to see our customers across

Australia agree.

Our success is based on the close relationships we have with our suppliers, who all

share our passion for awesome quality. Aldi partners with some of the best producers

and winemakers both in Australia and internationally, which means we can deliver

exceptional quality, value and consistency to our customers. Our partnerships with our

suppliers are focused on a desire to see the customer win with great-tasting wines at

unbeatable prices.

3.14 The title of Liquor Store of the Year 2017 follows many individual product awards that

ALDI has received locally and internationally over the years. “It recognises the

30 https://insidefmcg.com.au/2018/10/19/aldi-awarded-ara-employer-of-the-year/

31 https://insidefmcg.com.au/2018/10/19/aldi-awarded-ara-employer-of-the-year/

32 https://www.aldi.com.au/en/groceries/awards/roy-morgan-liquor-store-of-the-year-2017/

33 http://www.roymorgan.com/findings/7505-roy-morgan-announces-winners-of-the-2017-customer-satisfaction-awards-

201802201125

34 https://www.theshout.com.au/news/aldi-wins-roy-morgan-liquor-store-year/

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unique value ALDI can offer [its] customers with [its] tightly focused range,

unwavering passion for quality and longstanding relationships with local and

international suppliers.”35

3.15 ALDI certainly enjoys many accolades for its exclusive product range (DOCS 15 and 16).

The following are but few examples of ALDI’s acclaimed liquor products and awards

won over the past several years:

3.15.1 In 2014: “The Sydney International Wine Competition found a $6.99

Cabernet Sauvignon from South East Australia and a $9.99 Semillon,

blended specifically for the Aldi discount supermarket chain, to be in its top

100. And Aldi’s $4.99 Spanish Tempranillo snagged a Blue Gold award —

the equivalent of a silver medal.”36

3.15.2 In 2015: “The Sydney International Wine Competition has deemed Aldi’s

discounted wine offerings among the best of the best”.37

3.15.3 In 2016: ALDI’s Prosecco “was voted as the ‘Best Value Buy’ in Winestates

Annual Edition 2016” and “based on the frequency by which it was out of

stock during the summer months, has been a strong performing item for

Aldi”.38

3.15.4 In May 2017: “The $8 Aldi Côtes de Provence Rosé has taken out an

amazing silver medal at the International Wine Challenge – an event

dubbed ‘The Oscars of the wine Industry’, according to The Sun UK. The

award-winning drop was competing against bottles three times its price,

even beating a vintage version of the drop, which retails for over $30”39.

3.15.5 In June 2017: ALDI’s Highland Black Eight-Year-Old Scotch Whiskey

received a Double Gold prize in the Melbourne International Spirits

Competition. This product “beat some rivals valued three times more in

price”.40

3.15.6 In July 2017: ALDI’s Oliver Cromwell London Dry Gin won a gold medal at

the International Spirits and Wine Competition and was named one of the

best gins in the world.

35 https://www.aldiunpacked.com.au/Article/May-2018/Lifting-the-lid-on-ALDI’s-liquor-story

36 http://www.news.com.au/lifestyle/food/drink/six-of-aldis-cheap-wines-judged-among-best-at-sydney-international-wine-

competition/news-story/eb163e6f8d5e9b85a5522a8d1b622d50

37 Australian National Retailer, February 2015 at page 16: http://en.calameo.com/read/0003734959f4c8982c4bc

38 ALSA – IRI State of the Industry Report, March 2017 (DOC 10) at page 62

39 http://www.elle.com.au/culture/aldi-rose-is-one-of-the-best-wines-in-the-world-13255 and

http://fortune.com/2017/05/30/best-rose-wine-challenge-aldi/

40 http://www.news.com.au/lifestyle/food/drink/35-aldi-whisky-takes-out-top-prize-for-being-a-phenomenal-drop/news-

story/14ca83dce732c7f46232a283eff29110

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3.15.7 In August and November 2017: ALDI’s $6.99 bottle of One Road South

Australian Heathcoate Shiraz 2015 won the Double Gold award at the 2017

Melbourne International Wine Competition and the Gold medal at the Great

Australian Shiraz Challenge.

3.15.8 In October 2018: ALDI’s Blackstone Paddock Limited Release Chardonnay

2017 took home two awards at the 2018 Wine Show of Western Australia.41

This wine retails for just $14.99 and is exclusive to ALDI. Even at its price

point, this Chardonnay “beat a hot field of WA chardonnays that included

other more famous gold medal winners such as Vasse Felix Heytesbury,

Flametree SRS Wallcliffe, Xanadu Stevens Road and Deep Woods Estate

SV in winning the best chardonnay and best white wine of the show.”42

3.16 The various accolades described above, which are only a few examples, “[paint] Aldi

in a positive light and [they reinforce] the fact they’re offering quality products at a

value price.”43

3.17 ALDI has clearly enjoyed great success across various aspects of its organisation,

including liquor. In another online article published this year, Jason Bowyer briefly

explains some of the company’s strategies and its plans to maintain success:44

“Quality and value have always been the main focus for us. When you are focused on

the customer, it’s easier to produce wines they will like and will also perform strongly in

the show circuit. Everything we do is designed with one purpose in mind: to provide the

highest quality products at the best possible prices.

“We constantly look for innovation, studying consumer trends and looking domestically

and abroad for new varietals and styles. Rosé is certainly the hot topic at the moment

and we will be focusing on this category, bringing a range of styles and regions to our

customers. Early in 2019 we will launch a Soave (a dry Italian white wine) under our

Corte Carista brand.”

As well as Rosé, Aldi is looking to focus on the growing popularity of sparkling wine

which Bowyer believes is driven by customers’ desire for “aspirational products” and

“affordable luxury”. He sees these approaches as “undeniably different” and knows that

looking ahead, he relishes the challenge of taking things another step further.

ALDI supermarkets

3.18 ALDI supermarkets generally comprise a total footprint of around 2,000m2. Some are

located at shopping centres (such as at Karrinyup), while others are free-standing.

41 https://insidefmcg.com.au/2018/10/10/aldis-15-chardonnay-bags-wa-wine-award/

42 https://thewest.com.au/lifestyle/drink/aldi-chardonnay-is-best-white-wine-in-state-ng-b88983629z

43 http://www.smartcompany.com.au/industries/retail/aldi-wins-two-awards-alcohol-whats-unassuming-underdog-right/

44 https://www.theshout.com.au/national-liquor-news/aldi-puts-trust-in-affordable-luxury/

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3.19 Consistent with other ALDI stores, the Karrinyup store will comprise the following

different parts or areas, listed in order of size in terms of the approximate portion of

the total area:

3.19.1 Main public retail area (non liquor) – grocery and other supermarket items.

3.19.2 Storage.

3.19.3 Loading dock/delivery area.

3.19.4 Entrance and trolley bay.

3.19.5 Checkout.

3.19.6 Office and staff facilities.

3.19.7 Liquor display and browse area (proposed).

3.20 ALDI stores are bright and pleasant shopping environments. The following images

depict the stylish and clean appearance that can be found at the ALDI Karrinyup

store:

3.21 ALDI operates a generic store modelling concept. The size, layout, colour, product

location and stock range of each ALDI store are almost always the same. Minor

differences may occur from time to time at some stores owing to land formation, town

planning requirements or other unique particulars of the site. For example, the

entrance door may be positioned a few metres away from its usual position at a

particular location.

3.22 The standardisation of store layouts engenders familiarity for customers, enhances

shopping comfort, efficiency and convenience. It also enables customers to rely on

consistency of style, standard and overall offer. Importantly, these are key features of

the applicant’s successful superior efficiency model of operation which benefits

customers enormously and is clearly popular with shoppers.

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3.23 ALDI supermarkets contain only around 1,350 core product lines. There are limited

brand options within each different product line. For example, ALDI may offer only

two or three different brands of plain flour, rather than five or more as is commonly

stocked at most supermarkets. This enables ALDI to operate from a smaller and

more user-friendly footprint and with a more exclusive and carefully selected range.

3.24 Many of ALDI’s products are exclusive versions of mainstream big-brand name items

which are manufactured according to ALDI’s strict specifications to ensure quality and

value for money. Expressi Coffee is one of the most popular examples. The

Expressi Coffee capsule machine and coffee capsules were category winners in the

2017 Product of the Year awards.45 ALDI’s Smarter Shopping corporate brochure

(DOC 17) provides further details of ALDI’s exclusive products.

3.25 ALDI’s liquor range also includes exclusive products that can only be purchased in its

stores. The ALDI liquor offer is explained in further detail later in this PIA.

3.26 “The majority of ALDI’s exclusive brands are sourced from Australian suppliers and

we only source products from overseas when we can’t find the product, quality,

efficiency or innovation we seek, here in Australia.”46

3.27 63% of ALDI shoppers surveyed in the eastern states have said that they buy more of

the ALDI exclusive products than well-known branded products.47

3.28 ALDI supermarkets offer a wide range of quality products including fresh food,

packaged food, other consumables and various household and personal items. In

addition, every Wednesday and Saturday “special buys” are promoted by ALDI which

are specialty short-term product lines that are usually non grocery items. Flat screen

televisions, furniture, clothing, appliances, BBQs, tools, gardening equipment,

vacuums and toys are just some examples. These have proven extremely popular in

the eastern states. Some are repeated occasionally, such as ALDI’s now well-known

annual line of ski gear popular in the eastern states which customers queue for each

year.48

3.29 Included in the Applicant’s Case are copies of pages from various “special buys”

catalogues, by way of examples (DOC 21). A very large and diverse range of products

can be seen to be on offer, including the popular clothing line by Colette Dinnigan,

Dyson vacuum cleaners and a six burner BBQ.

ALDI pricing and promotion

3.30 ALDI prides itself on consistently competitive pricing across all of its product lines and

providing customers with exceptional value for money. The company’s ability to

achieve such low prices for quality products stems from its highly sophisticated

45 http://www.ausfoodnews.com.au/2017/02/20/products-of-the-year-awards-for-2017-announced.html

46 https://www.aldi.com.au/en/about-aldi/australian-made/

47 http://www.roymorgan.com.au/findings/6242-home-brand-products-have-way-to-go-with-grocery-buyers-201505202311

48 http://www.weekendnotes.com/aldi-snow-gear-sale/

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business model which focuses on operational efficiency. With reference to a 2015

online article, the following are but a few examples of aspects of ALDI’s in-store

operations which heighten productivity and reduce waste:49

3.30.1 “One of the most visible examples is trolleys. To get one you must insert a

gold coin, which is refunded when you return it. That way Aldi doesn’t have

to pay anyone to hang out in carparks retrieving scattered trolleys.”

3.30.2 Products in ALDI stores are displayed on re-usable crates, designed

specifically for ALDI. The crates fit systematically in the ALDI warehouse,

delivery trucks and supermarkets. For example, ALDI’s multi purpose

beverage trays “can go from the factory to the truck to the supermarket floor

without being unpacked. It can store 1.25L bottles or 2L bottles. You

spend less on shelf stackers if you don’t need to stack shelves.”

3.30.3 ALDI’s products “have multiple barcodes or enormous barcodes…so the

checkout person needn’t fumble and fuss to scan them.”

3.31 ALDI’s business is highly systemised and disciplined. ALDI’s shelving, storage

methods, displays, product placement and other logistical aspects are designed to

coordinate with each other to achieve optimum operational efficiencies for stocking

products and store management. As a result ALDI is able to reduce operating costs

and provide better services and facilities for its customers.

3.32 ALDI does not operate by the regular retailing method of rotating discounts each day

or week. Rather, prices are maintained at a consistently low level. This means that

customers know what to expect when shopping at an ALDI store. It also reduces

costs and resources associated with the logistics of managing specials which involves

external promotion, advertising on site, changing ticket prices, reconfiguring product

placement, adjusting till systems and other processes. ALDI does not incur all of

these costs, thereby enhancing its operating efficiency.

3.33 Consistent pricing is also indicative of consistent quality. ALDI does not downgrade

its products through heavy discounting. The applicant is driven by quality. In this

regard in terms of liquor especially, ALDI’s products very much represent value-for-

money. High quality award winning liquor items are provided at prices accessible to

most people.

3.34 ALDI’s policies and practices clearly achieve the goal of managing costs for the

benefit of customers, whilst maintaining quality. ALDI was one of the two best

performers in 2017 for gaining share in the total grocery market, up 0.8% points to

12.1%.50 Indeed “[ALDI’s] influence is growing”51 over the consumer market with its

expansion in Australia.

49 http://thenewdaily.com.au/money/finance-news/2015/05/24/secret-aldis-super-low-prices/

50 http://www.roymorgan.com/findings/7537-woolworths-increases-lead-in-$100b-plus-grocery-war-201803230113

51 http://www.ausfoodnews.com.au/2016/10/05/aldi-supermarket-shoppers-are-the-most-satisfied.html

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3.35 The Australian Liquor Stores Association noted in its March 2017 report that

Australian “shoppers have migrated towards the value messaging of Aldi”.52

3.36 Canstar Blue also made the following statement about ALDI:53

While ALDI doesn’t have the same number of stores as Coles and Woolworths, it’s

fighting back against the duopoly with often lower prices, with its own brands offering

real competition against major brands stacked by other supermarkets. ALDI also

offers something different with its ‘Special Buys’, one-off or seasonal products

ranging from specialty foods to snow gear to luxury skin cream.

3.37 At the opening of ALDI’s distribution centre in Jandakot in May 2016, former MLA Mr

Joe Francis noted that one of the biggest benefits of ALDI was going to come from

the downward pressure on prices that would be applied to the major supermarkets.54

His statement has clearly been confirmed by the evidence provided above.

3.38 ALDI’s approach to business is neatly encapsulated in its “Good Different” slogan,

which was launched in early 2017. Mr Thomas Daunt, one of the applicant company

directors, explained this campaign as follows: 55

ALDI Australia is unapologetically different –

and that’s a good thing for shoppers. We are

proud of our differences and we stand by

them wholeheartedly, as they are what allows

us to bring unbeatable value to our

customers, maintain strong relationships with

our suppliers and support our staff every day.

3.39 In many aspects, ALDI is distinctly different from alternative supermarket concepts.

Its range of products and services offer outstanding points of difference that have won

high favour with the public. The business model has huge popularity elsewhere in the

country and is proving just as popular in this State. ALDI attracts its own loyal and

faithful patrons who become regular repeat customers relying on ALDI’s consistency

of product, service and value for money.

4 ALDI liquor model

4.1 The ALDI liquor model has been carefully designed to complement the supermarket

and to provide adult shoppers with the dual benefit of ALDI’s liquor product range and

superior convenience of accessing those products whilst doing other household

shopping.

4.2 The ALDI liquor section proposed at Karrinyup has been designed based on the

eastern states model originally, which has been replicated in WA and proven to

52 ALSA – IRI State of the Industry Report, March 2017 (DOC 10) at page 14

53 https://www.canstarblue.com.au/stores-services/supermarkets/

54 http://www.watoday.com.au/wa-news/supermarket-giant-aldi-opens-60m-distribution-centre-in-jandakot-20160518-

goxuro.html

55 https://insidefmcg.com.au/2017/05/15/aldis-good-different-campaign/

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operate extremely successfully. The approximate 35m2 display/browse and checkout

area is a very modest liquor outlet by usual industry standards, but highly valuable to

customers. The particular liquor stock range itself and also as combined with the

supermarket offer, represents a significant evolution in liquor retailing in Western

Australia.

4.3 This liquor model has been developed based on ALDI’s many years of extensive

supermarket and packaged liquor retailing experience in Australia and overseas.

ALDI has been operating liquor services within supermarkets in Australia for more

than 15 years. The model has been extensively tried and tested in New South Wales,

Victoria and the Australian Capital Territory. In each jurisdiction it has proven to be

very successful and low risk. The ALDI business model and liquor area design and

layout operate with great success, are very popular with the public and have not

caused any undue issues with local governments, police or health authorities at over

300 locations in Australia.

4.4 The unique proposal, unrivalled in this State and having attracted considerable

custom in other locations, will provide the Karrinyup community with something

capable of catering superbly for the diversity of modern consumer requirements.

4.5 The Karrinyup liquor service will operate during the same hours as the supermarket,

subject to permitted trading hours under the Act,56 which the applicant seeks approval

for. If the supermarket were to operate outside of the approved licensed trading

hours, the liquor display/browse area would be clearly closed off to customers.

4.6 There are many aspects to the ALDI liquor model which differ from virtually all other

packaged liquor outlets. The following key unique aspects of this model, which will

apply at Karrinyup should the application be approved, are highlighted:

4.6.1 Combination of the ALDI Karrinyp liquor service with the ALDI supermarket.

A one-stop-ALDI shopping convenience.

4.6.2 One transaction convenience.

4.6.3 ALDI exclusive product range.

4.6.4 Its small size and location within the supermarket.

4.6.5 Absence of refrigeration.

4.6.6 Absence of external presence of the liquor section.

4.6.7 The particular level of surveillance of the display/browse area which can be

seen and monitored by staff at all times in its entirety.

4.6.8 Combined beneficial effects of the features listed above which are

supplemented by the overall manner of trade and harm minimisation

features identified.

56 Namely 8am to 10pm Monday to Saturday and 10am to 10pm on Sunday, with variations for ANZAC Day, Good Friday,

Christmas Day

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The premises

4.7 The layout of the ALDI Karrinyup supermarket is pictured below. It shows the

proposed liquor display/browse and checkout area outlined in the bold red line. This

is clearly a tiny proportion of the overall supermarket footprint.

4.8 The following artist illustrations show the proposed sectioned-off licensed area which

is to be established at ALDI Karrinyup.

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4.9 The image on the right is indicative

of how the proposed display area

will appear from within the U-

shaped space. Uncluttered and

uncomplicated, easily accessed,

light and bright.

4.10 The photographs below show other depictions of the proposed display/browse area.

4.11 It is obvious from the above images that the position, layout and small size of the

liquor display/browse section enable very clear and uninterrupted visibility of and

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supervision into this area. This assists with security, surveillance, management and

control by staff.

4.12 Thoroughly trained and suitably qualified staff members over the age of 18 will be

positioned at the nearby licensed checkout at all times, where they will be able to see

directly into the liquor area, unobstructed. Such constant and close surveillance is

rarely achievable at most other liquor stores due to their size, location of the aisles

and walk-in cool rooms. Further details of the applicant’s well developed risk

management measures, which include a heavy emphasis on staff training, are set out

elsewhere in this PIA.

4.13 The liquor area will be entirely confined

within the ALDI supermarket and have no

access or visibility from outside of the ALDI

supermarket.

4.14 Some signage external to the licensed

premises may be displayed which is modest

and states simply that there is “liquor

available in store”, but such signage will not

contain images of liquor products, references

to particular liquor products or prices of liquor

products. An example of this innocuous kind

of external signage that may be displayed is

shown to the right.

4.15 There will be no cool room or other refrigeration in the liquor area. All products will be

stocked and sold at room temperature. This unique feature further confirms the

intention that the liquor service is genuinely designed to complement the supermarket

and provide a one-stop-ALDI shop. Importantly also, the absence of refrigerated

liquor significantly reduces the risks associated with liquor sold and supplied from the

ALDI store. The lack of refrigeration will dissuade customers from buying on impulse

with a view to consuming the liquor close by or in some other irresponsible manner.

4.16 In addition to the liquor display/browse area and the adjacent checkout, the

supermarket office is also proposed to be licensed solely for the purpose of storing

licensing-related documents including the approved plans, harm minimisation policy

documents and incident register. The applicant also intends to store liquor in the

back-of-house storage area of the ALDI Karrinyup supermarket and also at the

applicant’s distribution centre situated within the Jandakot Airport commercial

precinct. No sale or supply will take place from the storage facilities.

Stock range

4.17 The ALDI range of liquor products comprises a modest selection of wines, beers,

spirits, ciders and liqueurs. The in-store range will contain a carefully selected value

for money range of approximately 95 items, many of which are award-winning.

Included in the Applicant’s Case is ALDI’s current core stock range as well as its

impressive list of awards won in respect of its liquor products (DOC 15).

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4.18 The range will vary from time to time as new products become available, in response

to customer requirements and when occasional specialty items are offered.

Generally, the ALDI liquor service will include the following:

4.18.1 60 different wines – red, white, sparkling and fortified.

4.18.2 16 different beers – full, medium and light strength.

4.18.3 15 different spirits – bourbon, brandy, gin, scotch, vodka and liqueurs.

4.18.4 4 different ciders.

4.19 ALDI’s award winning and “food-friendly” wines represent excellent value for money

for consumers and ensure that “affordable wines can still deliver the goods”.57

4.20 Included in the Applicant’s Case is a copy of pages of an ALDI catalogue showing

liquor items (DOC 22). It is a relatively modest, yet stylish and elegant advertisement

depicting quality products, including some mainstream items and some products

exclusive to ALDI. The advertisement contains product information for each item,

clearly demonstrating the quality and value-for-money propositions regarding the

ALDI range and the fact the range is indeed carefully selected and responsibly

promoted.

4.21 Within the liquor range available in any given week is a selection of new and different

liquor items which change from week to week, similar to the “special buys” offer

referred to earlier on the PIA. Approximately eight different products per week are

made available to customers until the stocks are depleted and then new ones are

brought in for customers so the product selection remains fresh and vibrant.

4.22 The applicant’s product range also includes Western Australian produced wines.

ALDI has partnered with various wine makers from the Margaret River region to

develop a selection of exclusive ALDI Margaret River region products (DOC 16). Those

items include the following by way of example:

4.22.1 Miles from Nowhere Margaret River Semillon Sauvignon Blanc 2013

4.22.2 A.C. Byrne & Co Margaret River Chardonnay 2013

4.22.3 Vinatero Margaret River Chardonnay 2012

4.22.4 Blackstone Paddock Premium Margaret River Cabernet Sauvignon 2010

4.22.5 Robert Oatley Margaret River Cabernet Sauvignon 2011

4.22.6 A.C. Byrne & Co Margaret River Shiraz 2012

4.23 ALDI’s liquor range is determined following a rigorous process of elimination trialling

and testing of products, then identifying those that offer the very best value for money

which necessitates excellent quality. The optimum range is provided to customers.

57 http://www.foodwinetravel.com.au/wine/wine-features/aldi-wine/

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Therefore, a smaller quantity of products is stocked than may be found at most other

liquor stores. The ALDI range is much more discerning and refined than most other

liquor outlets. This ensures, as referred to previously, value for money and great

convenience.

ALDI Exclusive Products

4.24 One of the most unique aspects of the ALDI liquor offering is the fact that it includes

an exclusive range of products (DOC 15), made-to-order for ALDI stores that are not

available at any other packaged liquor outlet.

4.25 The majority of ALDI’s range is unique and exclusive to ALDI. Shoppers simply

cannot access those items at any other outlet.

4.26 Many of these ALDI exclusive products have been awarded medals at prestigious

competitions where they are judged against much more expensive products. For

example, at the 2016 Sydney International Wine Competition, the following three

ALDI exclusive products (pictured below) won the competition’s highest award, the

coveted Blue-Gold Medal:58

South Point Estate 2015 Rose

($4.99)

Tudor Central Victorian 2014

Shiraz ($12.99)

Blackstone Paddock “The Player”

Barossa 2014 Shiraz ($14.99)

4.27 As a result of ALDI’s success at the event, the founder of the Sydney International

Wine Competition, Mr Warren Mason, was full of praise for Jason Bowyer, remarking

that he was “…probably better than anyone in terms of thinking of his market, given

he’s able to offer wines at $10 a bottle or less” and adding that “he has obviously got

his technique and approach right.”59

4.28 In order to become an ALDI exclusive product, the producer enters into an

arrangement with ALDI whereby it is agreed that particular brand of product will not

be distributed or provided to any other retailer. This means that ALDI exclusive

products cannot be obtained anywhere other than at an ALDI store.

58 https://www.top100wines.com/currentyear/award_categories.asp

59 http://www.news.com.au/lifestyle/food/drink/supermarket-chain-aldi-has-come-up-trumps-with-its-cheap-wines-a-winner-at-

sydney-international/news-story/a85c3072573f72e202198eda928835ae

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4.29 The ALDI exclusive products differ significantly from the Woolworths and Coles

private-label liquor ranges. Woolworths and Coles generally purchase wineries,

where possible and these products then become what are known as private-label

wines. The issue with this approach, in terms of the proper development of the liquor

industry, has been well explained by David Prestipino in his article ‘Winestein

Uncorked: ‘Local’ WA wines actually owned by Woolworths, Coles’ where he

describes the duopoly’s approach as follows:60

To avoid certain wine taxes and further boost their huge profits, Woolworths and Coles

create ‘wine brands’ (such as the Cow Bombie) under cheeky and creative (some say

misleading) names.

The wines are difficult to identify, and often undercut well-known brands, small boutique

and family wineries and those struggling to find a voice in an ever-increasing crowded

market.

Instead of Coles Reserve Chardonnay or Woolworths Bin 666 Cabernet, you have

brands like Chateau Louise (Coles) and Augustine Wines (Woolworths) for sale…wines

that are actually owned by the supermarket giants themselves.

By Developing their own private-label and exclusive wines, Coles and Woolies are now

competitors to the very wineries (and consumers) they are meant to serve.

Why should this worry wine drinkers? Because not only are we losing diversity and

competition as the duopoly increases its share of the wine market, but the relationship

hurts independent merchants across the country, who are forced to close.

If the big chains need to move a product because it is not selling, or want to replace it for

their own means, they slash the wine’s price, essentially lowering the winery’s

brand/reputation at the same time.

4.30 ALDI’s approach is different because it does not own the wineries that produce the

ALDI exclusive products and therefore, those wineries are capable of producing other

wines under a different brand to sell to other packaged liquor retailers. Further, whilst

those producers will be required to produce a product to ALDI’s standards and

specifications they will, nonetheless, give input and advice as the independent wine

maker into developing the products. The ALDI model does not, therefore, have the

same deleterious effect on the development of the liquor industry by removing

independent wine makers from the market but rather makes a valuable contribution to

it by providing independent wine makers with another channel to sell their product.

4.31 Given that the majority of ALDI’s liquor range comprises ALDI exclusive products, it

means that the ALDI offering, overall, is unique to ALDI and simply cannot be

replicated by any other liquor outlet. For the same reason, ALDI liquor services

cannot be said to duplicate any existing operations.

4.32 In this regard, ALDI’s manner of trade has similarities to the specialist cleanskin wine

store concept that first came to light in the early 2000s. Whilst some cleanskin wines

are offered at the major liquor stores, the cleanskin stores specialise in the product.

In the same manner, while ALDI does stock some products that are provided at the

60 http://www.watoday.com.au/entertainment/your-perth/winestein-uncorked-local-wines-actually-owned-by-woolworths-coles-

20151211-gllhjo.html

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major liquor stores, ALDI stores specialise in their own ALDI exclusive products which

have been extremely popular with consumers.

4.33 In this way, ALDI liquor services provide an almost entirely different range of products

from the major liquor stores and therefore, the ALDI exclusive products provide a

significant point of difference between the two offerings. The local community will

benefit greatly from having convenient access to this special service for the first time.

4.34 The local community has expressed great interest, through the market research, in

purchasing the ALDI exclusive products:61

…just over half (55%) of the packaged alcohol buyer sample would find the unique

range of products to be of high appeal to them. Note that the more frequent buyers (1+

per month) may be slightly more attracted to this unique feature, with 58% rating it as

“extremely” (28%) or “very” (30%) appealing.

A further 26% of all buyers, and similar figure of 27% for more frequent alcohol buyers,

rated this aspect as being moderately appealing, resulting in a total of 82% of all, and

85% of more frequent, buyers who found some appeal in this aspect of the proposed

ALDI packaged liquor offer.

Low risk features of the proposal

4.35 The ALDI liquor model clearly presents with a number of low risk elements, all of

which have been proven to be successful in many of its stores in other locations.

4.36 To summarise and reiterate, the following are the key harm and risk minimising

features of the ALDI Karrinyup liquor proposal:

4.36.1 Its small size.

4.36.2 The bright, open-plan layout.

4.36.3 The absence of refrigeration to help avoid impulse buying and impulse

drinking.

4.36.4 The limited stock range and volume.

4.36.5 The absence of an online delivery service.

4.36.6 The absence of bulk quantities of cheap mainstream products.

4.36.7 Its location/position confined within the supermarket footprint, under the

close supervision of the supermarket and its staff. ALDI staff will have a

clear line of sight into the liquor display/browse area at all times.

4.36.8 The lack of immediate or direct egress from the liquor area outside into the

public domain. The design and layout forces customers to enter the

supermarket and walk past the watchful eye of trained checkout staff.

61 PRG report (DOC 8) at page 22

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4.36.9 The lack of signage external to the store advertising discounted liquor

products.

4.36.10 The highly experienced and reputable operator.

4.36.11 The high level of staff training.

4.37 Importantly also, there will be none of the following:

4.37.1 Products, advertising or promotional materials designed to entice juveniles.

4.37.2 Prominent external advertising of liquor products and their prices.

4.37.3 Large volumes of cheap bulk products displayed.

4.37.4 Volumes of items refrigerated and ready-to-drink.

4.37.5 Energy drinks stocked in the liquor display/browsing area.

____________________________________________________________________________

5 Locality

5.1 As referred to earlier in this PIA, the Locality is an area of 2km radius surrounding the

application site. The image below from the DES report (DOC 9) illustrates this area and

plots the approximate locations of other major supermarkets in the vicinity.

5.2 The 2km radius area comprises the following four main suburbs:

5.2.1 Karrinyup 5.2.2 Gwelup

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5.2.3 Doubleview 5.2.4 Trigg

5.3 Small portions of Innaloo, Scarborough and North Beach fall within the 2km radius.

They have been excluded from the Locality analysis given that they represent only a

small minority of the area and would distort the assessment is included.

5.4 The Locality recorded a population of 25,020 at the 2016 Census.

Karrinyup Gwelup Doubleview Trigg Locality

2016 Census

population

9,283 4,539 8,404 2,794 25,020

5.5 The City of Stirling (City) is the local government authority for the Locality. It is the

largest by population in Western Australia. “The City is mainly urban, with over

96,000 private dwellings counted in the 2016 Census. It also has 1,780 hectares of

open space for reserves, parks, natural conservation areas and special purpose

lands, including over 600 hectares of natural bushland, 26 wetland sites and 6.5

kilometres of coastal dunes and beaches.”62

5.6 The four Locality suburbs and the City have been carefully studied and analysed in

the preparation of this PIA.63

5.7 Further in understanding the area to be impacted by the ALDI Karrinyup liquor

service, the DES report (DOC 9) contemplates the store’s likely trade area, being “a

spatially defined region around a store or shopping centre which usually accounts for

a large proportion of customers or sales”64. The report states as follows:

The trade area for ALDI Karrinyup will be influenced by:

• The drawing power of Karrinyup as a regional shopping centre.

• The spatial development pattern of Perth’s north coastal suburbs including

areas of bushland, reserves and golf courses.

• Its location on a strong east-west road with connections to other arterials.

• The location of other existing or proposed ALDI stores at Warwick and

Innaloo.

• ALDI’s low prices and unique weekly specials which attract shoppers from

further away than (say) Coles or Woolworths in the same location.

62 https://www.communityprofile.com.au/stirling

63 Some statistical information is only be available in respect of the City of Stirling. The DES report (DOC 9) also provides

data in respect of the different trade areas.

64 At page 10

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5.8 The image to the right

from the DES report (DOC

9) shows a primary

catchment (orange

outline) which mainly

comprises Karrinyup, as

well as portions of Trigg,

Gwelup and

Doubleview.65

5.9 Depending on the type of

information available or

research undertaken, the

Locality has been studied

and analysed in the

context of the main

suburbs referred to

above, the primary trade

area as well as the City.66

Nature and character of local community

5.10 The DES report (DOC 9) describes Karrinyup as “affluent” and highlights the Locality as

“an area of established and older families with high education and income levels and

white collar occupations. Unemployment rates are low and there is little public

housing in the area”.67

5.11 To gain some insight into the nature and character of the Locality, the table below

provides some statistics from the 2016 Census that relate to the demographic and

lifestyle characteristics of people living in the Locality.

Census category Karrinyup City of

Stirling

Locality

Average

Western

Australia

Median age 39 36 39 36

Married 53.6% 46.4% 54.5% 48.8%

Never married 31.2% 36.9% 31.3% 35.2%

65 At page 9

66 For example, some statistics may only be available in respect of the City of Stirling. The DES report (DOC 9) also provides

data in respect of the different trade areas.

67 DOC 9 at page 25

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Language (other than

English) – top

response

Italian Italian Italian

(generally)

Mandarin

Occupation (top

response)

Professionals

(32%)

Professionals

(26.7%)

Professionals

(32.4%)

Professionals

(20.5%)

Worked full-time 56.1% 57.0% 56.2% 57.0%

Worked part-time 33.8% 31.3% 33.6% 30.4%

Median weekly

personal income

$828 $766 $924 $724

Dwelling structure (top

response)

Separate

house

(84.3%)

Separate

house

(55.0%)

Separate

house

(80.3%)

Separate

house

(79.1%)

House owned outright 36.4% 29.6% 35.0% 31%

House owned with a

mortgage

39.1% 34.3% 40.0% 39.7%

Median mortgage

repayments

$2,462 $1,998 $2,485 $1,993

Renting 20.6% 32.6% 20.2% 28.3%

Median rent $420 $350 $451 $347

5.12 The average person living in the Locality can be described as follows based on the

above statistics:

5.12.1 Aged 38.

5.12.2 Married.

5.12.3 Working full-time as a professional.

5.12.4 Earning almost $200 more than the average State income.

5.13 Other observations based on the above statistics include the following:

5.13.1 Of those residents that speak a language other than English, most of them

speak Italian.

5.13.2 The most common form of tenure in the Locality is to own a home with a

mortgage. Median mortgage payments of houses in the area are well

above the State average, reflecting a high-value property market.

5.13.3 Only 20.2% of residents within the Locality are renting which is significantly

lower than the State average.

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5.14 To support some of the 2016 Census data, the following extracts from the DES report

(DOC 9) illustrate the nature and character of the primary trade area of the ALDI

Karrinyup store:68

• Detached houses account for just two-thirds of all dwellings, compared to 77%

across Perth. Dwelling densities are higher in the western part of the primary in

the beachside suburbs. This influences the higher proportion of

townhouses/semi-detached dwellings in the primary (29% of vs Perth 16%).

• 31% of dwellings are fully owned, marginally higher than the Perth average (29%).

A similar 31% of dwellings are rented (Perth 28%).

• The area has a slightly older population profile than the Perth average, with a

lower proportion of residents under 20 years old.

• This is an affluent area with average individual incomes 26% above the Perth

average and household incomes 18% higher.

• The proportion of white collar workers is much higher than the Perth average

(60% vs Perth 48%) as is the proportion with a tertiary qualification (32% vs 23%).

The profile of the primary trade area is one of long-established families with older children.

This is generally an affluent area, where adults are well-educated in white collar occupations.

Townhouses/semi-detached dwellings are focussed along the coastal area.

5.15 The addition of the ALDI liquor offering at its new Karrinyup supermarket will

contribute in a unique way to the choice and diversity in the Locality for the benefit of

the local consumer community. It is entirely appropriate that the Locality be able to

enjoy and access the valuable ALDI liquor service, just as ALDI shoppers in many

other locations can.

Karrinyup Shopping Centre

5.16 Karrinyup Shopping Centre opened in 1973, “at a time of rapid urban development of

Perth’s middle and northern suburbs”69. It is a “vibrant regional shopping centre

located north of Perth…in close proximity to some of Western Australia’s finest

beaches and coastal strip suburbs”70.

5.17 The regional status of the Karrinyup Shopping Centre arises from its large size, with a

gross lettable area of around 57,000m2 and 3,300 car bays.71 The following image

depicts a current aerial view of the Shopping Centre site.

68 At page 15

69 DES report (DOC 9) at page 6

70 https://www.ampcapital.com/au/en/assets/shopping-centres/karrinyup

71 https://www.ampcapital.com/au/en/assets/shopping-centres/karrinyup

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5.18 Since its opening, two phases of small extensions were made in the 1980s with a

major extension in 1996, increasing it to its current size. Karrinyup Shopping Centre

is described as “Perth’s premier retail venue north of the river”72 and currently boasts

approximately 268 specialty stores and Myer, David Jones, Woolworths and Big W as

its current major tenants.

5.19 The prominence of Karrinyup Shopping Centre is also attributed to its strategic

location on Karrinyup Road. Traffic data reveals that over 30,000 vehicles travel

along this arterial route (west of Huntriss Avenue) per day, alongside the ALDI

Karrinyup site.73 Bus services operating along Karrinyup Road extend to the suburbs

of Warwick, Stirling and Scarborough and to the Warwick and Stirling railway

stations.74

5.20 The retail, entertainment and dining offering will be expanded and diversified

significantly with the $800 million redevelopment that is currently taking place at

Karrinyup Shopping Centre. Construction commenced in November 2018 and is

expected to be completed at the end of 2021. This major project will introduce a suite

of upgrades to the centre, including the following:75

5.20.1 Large-format international retailers.

5.20.2 High quality fashion retailers.

72 https://www.ampcapital.com/au/en/assets/shopping-centres/karrinyup

73 Metropolitan Traffic Digest 2013/14 – 2018/19

(https://reportingcentreresources.mainroads.wa.gov.au/public/data/xrc4111/AAWT/traffic_digest.207.pdf) at page 26

74 DES report (DOC 9) at page 7

75 https://www.karrinyupcentre.com.au/development

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5.20.3 New separate precincts for alfresco dining, fresh food and entertainment.

5.20.4 External landscaped community space with a kids’ play area.

5.20.5 94 high-end residential apartments in the eastern side of the development.

5.21 The following is a snapshot of the vision behind the Karrinyup Shopping Centre

redevelopment:76

Already much-loved and highly successful, Karrinyup has a loyal shopping community who

are ready to see their centre evolve. The vision for the development is to respond to the

feedback and insights of our customers and the community by delivering a landmark

destination with the highest-quality retail and lifestyle offering that merges both the physical

and digital world to create a more customised and seamless shopping experience.

5.22 Artists’ impressions of the redeveloped Centre are provided below:77

76 https://www.karrinyupcentre.com.au/development

77 https://www.karrinyupcentre.com.au/development/artist-impressions-floorplans

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5.23 The design and aesthetics of the redeveloped shopping centre are inspired by the

coastal aspects of Karrinyup and the Locality, as described in the following extract:78

Our creative designers and architects have taken inspiration from all of the things that make

Karrinyup special – our unique location between the city and the sea, our love of Western

Australia’s relaxed beach culture and our local coastal environment. The design of our new

fashion loop takes inspiration from the water, in the shape of the ceilings and skylights which

take advantage of our bountiful natural light. Inspired by our local beaches like Trigg,

Scarborough and North Beach, natural timbers are featured throughout to bring the feeling of

the relaxed, coastal lifestyle we love right into the heart of Karrinyup.

5.24 ALDI Karrinyup is expected to open mid 2021. The floor plan below identifies the

location of the new supermarket.79 That area is currently occupied by a parking deck

and freestanding KFC and Hungry Jacks stores. These will soon be demolished to

make way for ALDI. There will be escalators and travelators providing shoppers with

easy and direct access from the new basement and roof-top parking levels to the

supermarket.

78 https://www.karrinyupcentre.com.au/development/artist-impressions-floorplans

79 https://www.karrinyupcentre.com.au/development/artist-impressions-floorplans

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5.25 The addition of ALDI to Karrinyup Shopping Centre is an important component of the

redevelopment. The new ALDI store will form part of a new fresh food precinct which

will also include existing tenant, Woolworths and a new Coles supermarket. This

expanded offering will increase the choice and competition considerably, for the

benefit of consumers. As reported:80

AMP Capital’s Divisional Development Manager – WA, Scott Nugent said that the fresh food

precinct will provide customers with greater variety.

“The new fresh food precinct will offer customers a diverse foodie experience, with

supermarkets, local growers and special events. With abundant natural light and a village-

style atmosphere, the precinct will be our customers’ go-to for fresh produce and healthy food

options.”

“Attracting Coles and ALDI, along with other exciting retailers and specialty stores, shows that

there’s great interest and growth in the area. The completed centre will offer customers a

more vibrant and convenient shopping experience,” said Mr Nugent.

Set to be come a vital hub for customers, the fresh food precinct will remain bustling as the

centre transitions from day to night, seamlessly connecting with outdoor dining and

entertainment options.

5.26 The significant capital investment into the redevelopment of Karrinyup Shopping

Centre signifies the confidence of the owner and others in the growth of the Locality.

The ALDI store will be ideally positioned in a prominent location at the site, facing

Karrinyup Road.

___________________________________________________________________________

80 https://perthleasing.ampcapitalretail.com.au/amp-capital-announces-coles-and-aldi-as-part-of-karrinyup-development/

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6 Section 5

6.1 In accordance with the Act and the PIA Policy, the applicant has had regard for the

matters outlined in section 5 of the Act.

6.2 Comprehensive submissions addressing section 5 matters are contained throughout

this PIA and also in more detail in the applicant’s Legal Submissions (DOC 7).

____________________________________________________________________________

7 Harm or ill-health – section 38(4)(a)

7.1 The applicant has considered the various risk factors and indicators of the Locality

that are contemplated in the PIA Policy. These include “at risk groups and sub-

communities”, the incidence of alcohol-related hospital presentations and crime.81

7.2 Evidence and submissions in relation to these matters are addressed in detail in this

section of the PIA. Collectively, they reveal no stand-out risk factors of the Locality

such that there should be any concern surrounding the grant of the licence. In fact,

many low risk indicators are clearly apparent in this case.

7.3 Any potential negative impact of the licence should be considered in light of the low

risk features of the ALDI liquor model, which are described throughout this PIA. This

proposition is supported by the Liquor Commission’s finding in relation to the

application for ALDI Harrisdale82:

There is nothing to suggest that the granting of the licence will result in an increase in

harm and ill-health. The small size of the proposed premises, the nature of its operation

and the limited number of products are significant factors in reaching this conclusion.

At risk groups and sub-communities

7.4 With reference to the 2016 Census statistics83, the applicant has studied the at risk

groups and sub-communities in the Locality, as referred to in the PIA Policy and set

out in the following table and sub-paragraphs.

7.5 The following table shows a comparison between the statistics for Karrinyup itself, the

Locality average84, the City of Stirling and Western Australia in respect of some of

those groups. The comparison provides context for the Locality to be analysed and

properly considered.

81 PIA Policy

82 ALDI Foods Pty Ltd v Director of Liquor Licensing LC 09/2017 (ALDI Harrisdale) [38(b)]

83 http://www.abs.gov.au/websitedbs/D3310114.nsf/Home/2016%20QuickStats

84 The Locality Average is calculated by adding the relevant statistical data for each of the three key suburbs (Karrinyup,

Gwelup and Doubleview) and dividing the total by three.

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Census category Karrinyup Locality

Average

City of

Stirling

Western

Australia

At risk group: “Children and young people”

Persons aged 14 and younger 21.5% 20.2% 16.9% 19.2%

Persons aged 19 and younger 28.2% 26.6% 22.0% 25.3%

Average age of persons in

suburb

39 39 36 36

At risk group: “Aboriginal people and communities”

Aboriginal and Torres Strait

Islander people

0.6% 0.7% 1.1% 3.1%

At risk group: “Families”

Couple family without children 35.8% 37.5% 40.7% 38.5%

Couple family with children 51.5% 51.2% 42.8% 45.3%

One parent family 11.2% 10.0% 14.2% 14.5%

Other family 1.4% 1.4% 2.3% 1.7%

At risk group: “Migrant groups from non-English speaking countries”

Australia as country of birth 68.0% 68.9% 55.3% 60.3%

Top three responses as to

ancestry

English

Australian

Irish

English

Australian

Irish

(generally)

English

Australian

Irish

English

Australian

Irish

English only language spoken

at home

83.5% 83.8% 66.3% 75.2%

Households where a non

English language is spoken

15.7% 15.3% 28.7% 19.4%

At risk group: “People in low socio-economic areas”

Worked full-time 56.1% 56.2% 57.0% 57.0%

Worked part-time 33.8% 33.6% 31.3% 30.0%

Unemployed 5.4% 5.6% 7.3% 7.8%

Median weekly income –

personal

828 $924 $766 $724

Median weekly income –

family

$2,463 $2,586 $2,001 $1,910

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Census category Karrinyup Locality

Average

City of

Stirling

Western

Australia

Median weekly income –

household

$2,102 $2,159 $1,563 $1,595

Earning more than $3000

gross weekly income

33.3% 34.3% 20.9% 19.2%

7.6 The information above reveals the following positive risk assessment factors of the

Locality, in accordance with the PIA Policy:

7.6.1 The Locality population is quite mature given the higher median age,

notwithstanding that there is a large proportion of families with children.

7.6.2 There is a very small Aboriginal and Torres Strait Islander population.

7.6.3 Although the exact non-English speaking population could not be identified,

the statistics in respect of languages and ancestry suggest that the Locality

is not overwhelmed or dominated by non-English speaking migrants.

7.6.4 The majority of the Locality is gainfully employed and earning substantially

above the State average income levels. This information indicates a very

socio-economically advantaged area, as is supported by other information

elsewhere in this PIA.

7.7 Further in terms of socio-economic status, each of the suburbs score a 10 out of 10

decile on the SEIFA85 Index of Relative Socio-economic Advantage and

Disadvantage. This means that the suburbs that form the Locality can be considered

as being amongst the most advantaged suburbs in the State.

7.8 The following sub-paragraphs provide information as to other at risk groups

contemplated in the PIA Policy that cannot be quantified by Census data:

7.8.1 As to “people from regional, rural and remote communities” – the Locality is

well within the metropolitan area and is only approximately 15 minutes from

the Perth CBD. It cannot, therefore, be considered to be a rural or remote

community.

7.8.2 As to “mining communities or communities with a high number of itinerant

workers” – the Locality is not a mining community nor is it known to attract

large groups of itinerant workers. It was not possible to identify actual

numbers of itinerant workers, although it is presumed that some would exist

in the area.

7.8.3 As to “communities that experience high tourist numbers” – the suburb of

Karrinyup is not a known tourist destination within the State. The coastal

85 Socio-Economic Indexes For Areas

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areas of the Locality can be presumed to attract some visitors. Some

tourists would no doubt visit the Shopping Centre from time to time,

although it is not considered a tourist destination per se and tourist numbers

were not available for the Shopping Centre.

7.9 It is clear that the Locality presents almost no risk factors from the information above.

Any negative issues are negligible at best and are not unusual or particularly adverse

in terms of at risk groups and sub-communities. The Karrinyup Locality should not be

denied the opportunity to benefit from ALDI’s high quality, value-for-money offering

that is very popular elsewhere. The community is entitled to enjoy all that ALDI has to

offer, including liquor.

Social health indicators

7.10 The following table contains offence data published by WA Police86 in respect of the

individual suburbs within the Locality between the financial years of 2009/10 and

2017/18. Importantly, this publicly available data does not distinguish which offences,

if any, are alcohol-related or which resulted in proven crimes. It can, therefore, only

serve as a broad and general indicator of crime in the Locality.

2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18

Karrinyup 1,117 572 615 634 793 874 705 652 715

Gwelup 125 134 199 208 169 197 146 183 264

Doubleview 460 506 577 596 636 967 650 699 748

Locality

total 1,702 1,212 1,391 1,438 1,598 2,038 1,501 1,534 1,727

7.11 The data above is illustrated in the following graph:

86 https://www.police.wa.gov.au/Crime/CrimeStatistics#/start

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7.12 The red dotted line through the Locality total data represents the trend in offences in

the Locality over the time period analysed. It is acknowledged that crime is

increasing, although a further examination of the crime data shows that this is largely

due to a greater number of reports of “fraud and related offences” since 2015/16. For

example, between 2015/16 and 2017/18:

7.12.1 There was a 137% increase in those offences reported in Karrinyup.87

7.12.2 There was an 886% increase in those offences reported in Gwelup.88

7.12.3 There was a 246% increase in those offences reported in Doubleview.89

7.13 The graph also shows a noticeable increase in offences from 2013/14 to 2014/15,

which could largely be due to a similar trend in Doubleview. An analysis of the crime

statistics for Doubleview reveals that the only type of offence showing a spike was

“fraud and related offences”, which increased from 23 to 428 (1,760%90) within that

period.

7.14 It is observed that Karrinyup and Doubleview have a higher number of offences over

the time period analysed compared to Gwelup. This is most likely attributed to the

fact that Karrinyup and Doubleview have both had larger population sizes than

Gwelup.91

7.15 From the above analysis, there is nothing to suggest that the Locality experiences a

concerning level of crime relevant to the ALDI proposal. The applicant will

nevertheless implement its tried and tested safety and security measures at ALDI

Karrinyup, just as it does with all its other stores. These measures are addressed

elsewhere in this PIA and will ensure the risk of any crime associated with the

premises is minimised. In addition to those measures, the likelihood of the liquor

service contributing to alcohol related crime is reduced by the following mitigating

factors:

7.15.1 Small nature of the liquor proposal.

7.15.2 Simple and open layout of the liquor area.

7.15.3 Close staff surveillance achieved by the simple and open layout.

7.15.4 Location within the confined safety of the supermarket building.

87 [(116-49) ÷ 49] x 100

88 [(69-7) ÷ 7] x 100

89 [(97-28) ÷ 28] x 100

90 [(428-23) ÷ 23] x 100

91 The 2016 Census records the population as follows: Karrinyup = 9,283 people; Doubleview = 8,404 people; Gwelup =

4,539 people. Records from other Census years also show that Karrinyup and Doubleview have had larger population sizes

than Gwelup.

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7.15.5 Lack of external frontage.

7.15.6 Location of the liquor area adjacent to the checkout and therefore, under

constant close staff surveillance and supervision.

7.15.7 Absence of refrigeration, which removes the opportunity for impulsive

desires to steal liquor for immediate consumption.

7.15.8 Lack of a walk-in cool room, which is ordinarily hidden from staff view,

providing cover and convenience for would-be criminals.

7.15.9 Installation of CCTV surveillance throughout the supermarket, including the

proposed licensed area.

7.16 The Department of Health’s Drug and Alcohol Office Surveillance Report 2014

provides some useful information as to alcohol-related hospitalisations. The extract

below from the report contains statistics in respect of the relevant statistical local area

in the City and reveals that it experiences similar rates of alcohol-related

hospitalisations compared with the corresponding State population between 2007 and

2011.92 This has a neutral effect on the risk profile of the Locality from an alcohol-

related harm and ill-health perspective.

7.17 The evidence above suggests that the level of alcohol-related ill-health in the Locality

is, on balance, average. The ALDI liquor service as proposed at Karrinyup is most

unlikely to contribute to the moderate rate of alcohol-related ill-health in the Locality.

To reiterate, the low risk proposal involves a careful selection of less than 100

different products to be sold from a tiny section of the supermarket. Other harm

minimising strategies are detailed in the next sub-section of this PIA.

92 ‘Alcohol-related hospitalisations and deaths in Western Australia, Regional Profile: North Metro’ at page 20. As at the date

of this PIA, the 2014 report is understood to be the most current version although a copy is no longer available online and so

no website link has been provided. However, a copy may be provided to the licensing authority if requested.

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Minimising harm and ill-health

7.18 The applicant company is a highly experienced and sophisticated operator when it

comes to retailing liquor products. The licensing authority in New South Wales has

found ALDI to be a good operator in granting around 150 licences to it. Even though

some licence applications have been refused, the overwhelming majority have been

approved.

7.19 Harm minimisation from the sale and supply of liquor is very familiar to ALDI and at

the height of operational policies. ALDI has been successfully implementing

measures that minimise harm and ill-health at its large number of existing liquor

outlets for many years. Its liquor store model has been much tried and tested and

proven to be entirely positive.

7.20 Included in the Applicant’s Case are various operational policy documents (DOC 6 and

13) which the applicant has developed with the benefit of extensive experience. The

practises and procedures in those documents will be implemented to facilitate

compliance and to create a business that both endorses and encourages responsible

drinking.

7.21 One of the main strategies is to establish and maintain the low risk ALDI liquor model

that is detailed in this PIA. In particular, the licensed area will be relatively very small

with no refrigerated products. The licensing authority in New South Wales has found

that “the small scale of the proposed licensed area is a mitigating factor”.93

7.22 The design and position of the licensed area will enable a heightened level of visibility

by staff and control. The lack of refrigeration reduces the likelihood and motivation of

customers purchasing liquor to drink immediately outside or within the vicinity of the

store or at any nearby open public spaces. This specifically reduces the likelihood of

customers making impulsive or irresponsible purchases.

7.23 In terms of the liquor items themselves:

7.23.1 The carefully selected range of liquor stock will include only a small number

of cask wines and pre-mixed spirit drinks which are commonly known to be

higher risk items.

7.23.2 Products will not be labelled or promoted with emotive titles that could

potentially encourage rapid or excessive consumption.

7.23.3 Low and mid-strength products will be available at the store.

7.23.4 Establishing the liquor area amongst food and groceries promotes

responsible consumption of liquor which is a well established principle of

harm minimisation.

93 ALDI Vincentia dated 4 April 2016 [119] - https://www.liquorandgaming.justice.nsw.gov.au/Documents/ilga/decisions-of-

interest/Decision-ALDI_Vincentia-Application-PLL-Granted-040416.pdf

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7.24 ALDI has also factored advertising and promotion into its harm minimisation

strategies. Flamboyant and highly suggestive advertising posters, encouraging rapid,

excessive or juvenile drinking will not be displayed. Nor does ALDI advertise discount

liquor prices for certain periods as such “sales” may encourage customers to

purchase more liquor than they otherwise would have for fear of missing out on the

special.

7.25 Placing a heavy emphasis on staff training and management is another key strategy

to ensuring policies and practices are implemented and laws are complied with. ALDI

is a market leader in terms of staff training and development. Its impressive approach

in this regard is detailed in the following sub-paragraphs.

7.25.1 ALDI was recognised for its efforts in this area of its operations when it was

named as the Retailer of the Year for 2016 and 2018 by the Australian

Retail Association. Its continuing investment in its staff with above industry

pay rates, development opportunities and its supportive approach to staff

were cited as being highly influential.94 The company explains further on

this point:95

The emphasis we place on training and continuous improvement is one of

the reasons that people really value working at ALDI. The ALDI Academy

team work predominantly in the people space including recruitment,

performance and learning and development across all areas of ALDI

Australia. Whether it’s leadership training for our management teams,

training our warehouse staff in receiving procedures or providing

operational equipment training for the people running our stores, the team

collaborate with subject matter experts inside and outside the business to

develop solutions that allow our people to thrive in any role.

7.25.2 The West Australian newspaper reported that ALDI is “luring university

graduates with what could be the highest graduate salaries on offer in WA”,

which was said to be “[t]rying to get hold of the best people at management

level”.96 ALDI has a strong drive for quality personnel accompanied by high

standards and expectations for staff. These attitudes and policies

contribute to a heightened level of risk management through the whole

organisation.

7.25.3 The applicant invests considerable time, effort and resources into staff. In a

2016 media article, ALDI’s induction and ongoing training regime was

discussed in the following terms:97

94 http://www.smartcompany.com.au/industries/retail/73746-aldi-crowned-australias-retailer-year-embarks-major-expansion-

100-new-stores/

95 https://www.aldiunpacked.com.au/Article/October-2018/ALDI-crowned-Retail-Employer-of-the-Year

96 https://thewest.com.au/news/wa/aldis-cash-lure-for-graduates-ng-b88428485z

97 http://www.hcamag.com/hr-news/how-aldi-staff-learn-it-link-it-live-it-222306.aspx

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On first joining the company, all new employees receive comprehensive

induction training’, the spokesperson said. Aldi also strives towards fostering

career development.

We offer various educational and training initiatives including traineeships, a

diploma of management for store and warehouse staff, and coaching and

leadership training for management.’

Newly hired employees will also be given access to the Aldi Academy

website during on-boarding – a platform which provides information about

Aldi as well as learning pathways tailored to each specific role.

This learning pathway has been custom designed to teach, guide and

support new employees throughout their journey at Aldi, giving them all of

the necessary skills to complete their role.

7.25.4 Every ALDI staff member is required to undertake detailed internal training

and an induction programme, which will certainly apply for staff at the ALDI

Karrinyup store. This involves education on a wide variety of facets of the

business and includes liquor product knowledge. To help ensure high

standards are achieved at all times, all ALDI staff are employed on a

permanent basis.

7.25.5 The applicant will ensure all staff at the ALDI Karrinyup store are properly

trained as to their responsibilities under the Act, the licensing authority’s

policies, matters of safety and all other laws and regulations applicable to

the proper conduct of the business.

7.25.6 The store will be adequately staffed at all times with appropriately trained

and knowledgeable people. In addition to having sufficient numbers of

approved managers at all times, other part-time and full-time staff will also

be employed. In particular, at least one approved manager will be at the

store at all times.

7.25.7 All staff wear a smart uniform bearing the company logo, as pictured

below.98 Their presentation is considered by the applicant to be important

both in terms of upholding its image and also in terms of portraying a

professional and responsible approach to the business.

98 https://www.aldicareers.com.au/Careers

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7.25.8 Notably, 73% of the survey respondents considered ALDI’s strong RSA

policy, which is a fundamental aspect of the ALDI approach to liquor

retailing, as a “highly appealing attribute”.99

7.26 Another harm minimising element of the ALDI model is the focus on quality of product

and value-for-money propositions and not just price. The applicant invests

enormously in providing customers with high quality products that offer genuine

value-for-money. Many of its liquor items have been awarded accordingly. This

approach is entirely consistent with consumer trends, summarised as follows:100

Australia’s near $17 billion retail liquor market grew by 3.3% in 2016, which amounted to

$546 million. Although consumers are opting for both premium and value priced liquor

products across categories, value growth (+ 3.3%) again outpaced volume growth (+

1.5%). It signals a retail liquor industry that has adapted to consumer’s changing

drinking habits, needs and preferences with added value products and in-store

merchandising. It is also evidence of “choice premiumisation” as more drinkers opt for

quality over quantity, and a superior taste experience rather than just the lowest price.

7.27 In respect of the issue of juveniles, very strict policies will apply. ALDI is very aware

of the fact that juveniles will be in the supermarket from time to time, some of whom

may be unaccompanied.

7.27.1 The store layout and security systems will facilitate and ensure a constant

and high degree of surveillance over the liquor area and checkout to

safeguard the proper management of juveniles. ALDI has successfully

managed this issue at its existing stores elsewhere in Western Australia.

7.27.2 No liquor will be sold or supplied to juveniles or anyone who is suspected of

trying to obtain liquor for a juvenile. The applicant will participate in the “ID

Under 25” policy. The licensee and its staff will go beyond the requirement

to ask customers suspected of being under the age of 18 to prove their age

and in fact ask all customers suspected of being under the age of 25 for

age verification.

7.27.3 The applicant will operate under a strict policy, which will be taught to and

perpetuated with its staff, whereby liquor is not sold or supplied to anyone

whom it is suspected might give the liquor to a juvenile, including guardians

and parents.

7.27.4 Juveniles observed to be loitering near the liquor area will be asked to

move on and no juveniles will be permitted in the licensed area unless

accompanied by a responsible adult.

7.27.5 Lollies or other items commonly known to attract the attention of juveniles

will not be stocked in the liquor display/browse area.

99 PRG report (DOC 8) at page 6

100 ALSA-IRI State of the Industry Report, March 2017 (DOC 10) at page 5

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7.27.6 The liquor area will be subject to a high level of surveillance and security

from the relevant checkout.

7.27.7 Unaccompanied juveniles who may be in the supermarket from time to time

will be directed to a non-licensed checkout to make their purchase.

7.28 A clear example to confirm ALDI’s high standards in its liquor service is when the

company came under scrutiny from the public for the strictness of its approach to

liquor and juveniles. Some stores in New South Wales have refused service to adults

because staff have witnessed a juvenile touching the liquor items, even where they

have touched the items simply to stop them from falling over in a trolley.101

7.29 It is relevant that adult consumers have felt comfortable shopping in an ALDI liquor

area with their children as clearly depicted in the images below taken recently at one

of the busy operating ALDI stores in WA with a liquor section.102

101 http://www.news.com.au/finance/business/retail/aldis-strict-underage-alcohol-policing-leaves-shoppers-high-and-dry/news-

story/c7beaa2c4b8e1f0345b3545c98c7789c

102 Personal details have been blacked out for privacy reasons. Full images available to the licensing authority if required.

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7.30 As was presented by the applicant to the State Government in South Australia (DO 20),

ALDI has made careful and calculated decisions in respect of its liquor proposal

based on considerable research, experience and expert advice. The information has

“guided [ALDI’s] attitudes regarding the sale of alcohol in supermarkets” and has

revealed the following:103

7.30.1 “There is no evidence linking increased availability of alcohol and increased

consumption. Consumption of alcohol per capita has been declining over

the past decade in Australia despite an increase in the number of outlets of

sale [Australian Bureau of Statistics. (n.d.). Apparent Consumption of Alcohol. Retrieved January

14, 2016, from http://www.abs.gov.au/ausstats/[email protected]/Lookup/4307.0.55.001main

features32010-11]”.

7.30.2 “Restricted sale of alcohol in supermarkets can have a positive social effect

by ensuring alcohol is viewed as a complement to food”.

7.30.3 “Safe consumption initiatives can assist alcohol retailers in ensuring harm is

minimized to at-risk groups”.

7.31 The paper submitted by ALDI to the South Australian Government (DOC 20) also

relevantly contained the following:104

According to published research, there is no link between the number of liquor outlets

and the size of the liquor market. ABS statistics show that, since 2008, per capita

consumption of alcohol has reduced from 10.75 litres (2008) to 9.71 litres (2014), a

national reduction of approximately 10% over that period. [Australian Bureau of Statistics.

(n.d.). Apparent Consumption of Alcohol. Retrieved January 14, 2016, from

http://www.abs.gov.au/ausstats/[email protected]/Lookup/4307.0.55.001main features32010-11].

At the same time, the number of bottleshop licenses in Australia has increased from

5315 to 6421. [Australian Liquor Stores Association]

7.32 With this intelligent background ALDI has developed a liquor model that is both

responsible and required by consumers.

7.33 In New South Wales, notwithstanding that alcohol is sold in grocery stores and that

has been occurring for many years, including at hundreds of ALDI stores, there has

been a “decrease in daily alcohol use [which] occurred between 2011 (9.8%) and

2015 (7.5%).”105 Further, “[i]n 2014, about two-thirds of high school students (65.1%)

reported ever having an alcoholic drink. The proportion of high school students who

drank alcohol in the last 12 months decreased substantially between 2005 (63.5%)

and 2014 (43.7%).”106

103 At pages 3 and 13

104 At pages 3 and 13

105 http://www.health.nsw.gov.au/hsnsw/Publications/chief-health-officers-report-2016.pdf at page 6

106 http://www.health.nsw.gov.au/hsnsw/Publications/chief-health-officers-report-2016.pdf at page 6

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7.34 The graph below shows the frequency in which people in New South Wales consume

liquor and indicates that liquor is not consumed at high daily levels. ALDI liquor

services have operated in NSW during the period referred to in the graph below. 107

7.35 “The proportion of people [in NSW] who reported drinking at levels that put them at

long-term risk of harm fell from 31.4% to 25.9% between 2006 and 2015—a reduction

of 5.5%.”108

7.36 ALDI’s experience in the eastern states in relation to ALDI’s more than 300 liquor

licences and the trend of the authorities to continue to grant ALDI licences confirms

that the ALDI model does not cause noticeable harm and ill-health.109 Even though

the licensing authorities in the eastern states have refused some ALDI applications

over many years, they have clearly found ALDI to be an organisation worthy of

107 http://www.health.nsw.gov.au/hsnsw/Publications/chief-health-officers-report-2016.pdf at page 6

108 http://www.health.nsw.gov.au/hsnsw/Publications/chief-health-officers-report-2016.pdf at page 8

109 As stated earlier in this document, it is acknowledged that a small number of licence applications have been refused.

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holding a licence on hundreds of occasions, including more than 150 times in New

South Wales where it has been found that “the small scale of the proposed licensed

area is a mitigating factor”.110

7.37 Relevantly also, the most recent published data has revealed that “the majority of

Australians are still enjoying alcohol responsibly and we are still drinking at 50 year

lows”.111

7.38 Every effort will be made by the applicant to conduct business under the Karrinyup

licence in a manner that minimises the potential for harm or ill-health to occur as a

result of the liquor store licence operating.

7.39 The applicant is an upstanding corporate citizen which operates pursuant to several

high level standards and policies. ALDI has a considerable presence in the public

domain, which it proposes to grow in Western Australia. It is in ALDI’s interests to

ensure that the liquor service at ALDI Karrinyup is successful in all respects, including

genuinely minimising harm.

____________________________________________________________________________

8 Impact on amenity, quiet or good order – section 38(4)(b)

8.1 Karrinyup Shopping Centre is the commercial hub for the suburb of Karrinyup and the

wider Locality.112 As referred to earlier in this PIA, Karrinyup Shopping Centre is

prominently situated on the very busy Karrinyup Road. The DES report (DOC 9)

comments as follows:113

Karrinyup Road dissects the suburb (east-west) extending west over Marmion Avenue to the

beachside areas of Trigg and east to the Mitchell Freeway and beyond where it becomes

Morley Drive, continuing through to the Swan Valley. At its western end near Marmion Drive,

Karrinyup Road carries abut (sic) 24,000 vehicles per day, increasing to 34,000 on its eastern

sections closer to Mitchell Freeway.

8.2 The new ALDI supermarket will be a purpose built and modern facility that is

designed to complement the local amenity. The redevelopment of the shopping

centre overall will improve the amenity within the Locality immeasurably, as its façade

goes through a makeover and the services and facilities are increased and

diversified.

8.3 Below is another artist sketch of what the impressive Karrinyup Shopping Centre will

look like after redevelopment:114

110 ALDI Vincentia dated 4 April 2016 [119]

111 https://www.theshout.com.au/news/total-alcohol-consumption-remains-at-50-year-lows/

112 https://www.stirling.wa.gov.au/your-city/about-stirling/suburbs/karrinyup

113 At page 3

114 https://www.karrinyupcentre.com.au/development

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8.4 ALDI Karrinyup will be a welcome addition to the new fresh food precinct. In this

regard, “Karrinyup [Shopping Centre] will grow from one to three supermarkets,

generating a significant increase in food & grocery shoppers. Many of these will look

for and expect packaged liquor products to purchase as part of their regular grocery

buying patterns.”115

8.5 Despite its relatively tiny licensed display/browse and checkout area of only

approximately 35m2, the ALDI Karrinyup liquor proposal will make a big and valuable

contribution towards the services and facilities in the area.

8.6 In terms of the impact of the liquor display/browse area on the amenity, it is important

to reiterate that it will not have any external frontage, façade or overt signage. It will

be contained inside the ALDI supermarket footprint. Further on this point, the

intended manner of trade is for the liquor service to complement the grocery and

household offering in the supermarket. The premises will not operate as a stand-

alone liquor outlet and therefore, there will be no impact on the streetscape or

external amenity whatsoever.

8.7 The ALDI supermarket will be operating amongst many other shops and businesses

at the enormous commercial site. The ALDI Karrinyup supermarket and if approved,

its liquor section is, therefore, most unlikely to lessen the quiet or good order of the

Locality in any way. Given the fact that the Shopping Centre has operated at the

same location for many decades, the coming and going of delivery trucks and general

activity generated by the Shopping Centre should pose no issues from a quiet or

good order perspective.

Outlet density

8.8 The density of other licensed facilities is relevant to the analysis of the amenity of the

surrounding area. Pursuant to the PIA Policy’s requirements, the applicant has

identified all of the licensed premises within the Locality, based on records published

by the licensing authority.116 These are listed in the table below.117

115 DES report (DOC 9) at page 24

116 https://portal.rgl.wa.gov.au/forms/fr/search/findalicence/new

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No. Licence Type Premises Name Premises Address

1 Liquor Store BWS - Beer Wine Spirits Karrinyup Shopping Centre,

Karrinyup Road, Karrinyup

2 Liquor Store Liquorland Gwelup Gwelup Shopping Centre, corner

North Beach Road & Wishard

Street, Gwelup

3 Liquor Store Innaloo Speciality Liquor Shop 7, Morris Place Shopping

Centre 27 Morris Place, Innaloo

4 Liquor Store Scarborough Cellars 166A Scarborough Beach Road,

Scarborough

5 Tavern The Saint George Hotel 2 Morris Road, Innaloo

6 Club Lake Karrinyup Country Club North Beach Road, Karrinyup

7 Club Croatian House Hrvatski Dom

Inc

Lot 2 Wishart Street, Gwelup

8 Club Innaloo Sportsmens Club Inc Birdwood Street, Innaloo

9 Club Scarborough Sports &

Community Club Inc

75 Deanmore Road, Scarborough

10 Club Restricted Scarborough Amateur Football

Club

Millington Reserve, Elliott Road,

Karrinyup

11 Club Restricted West Stirling Baseball Club Inc Millington Reserve, Elliot Road,

Karrinyup

12 Club Restricted Karrinyup Cricket Club Inc Karrinyup Reserve, Huntress

Road, Karrinyup

13 Club Restricted Stirling City Toscany

(Panthers) Soccer Club Inc

Langley Crescent, Innaloo

14 Club Restricted Northern Districts Social Club Abbett Park, Deanmore Road,

Scarborough

15 Restaurant Cafe 34 Shop G34, Karrinyup Shopping

Centre, 200 Karrinyup Road,

Karrinyup

16 Restaurant Al Fornetto Cafe Ristorante

Pizzeria Perth

199 Scarborough Beach Road,

Doubleview

17 Restaurant Little Sisto 145 Sackville Terrace, Doubleview

117 The premises listed in the table are identified as being in the Locality, based on the approximate straight-line distance from

the proposed ALDI Karrinyup store as calculated by Google Maps.

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No. Licence Type Premises Name Premises Address

18 Restaurant Cafe Relish 193C Scarborough Beach Road,

Doubleview

19 Special Facility

Licence

Gleneagles Bar & Reception

Centre

Hamersley Golf Course, 102

Marmion Avenue, Karrinyup

20 Wholesaler's Palinda Wines Pty Ltd 39 Maynard Way, Karrinyup

21 Wholesaler's Westons Australia Pty Ltd 92b Newborough Street,

Karrinyup

22 Wholesaler's Wine Warehouse 21 Willowbank Entrance, Gwelup

8.9 The different classes of licence identified in the table above provide generally some

indication of the different services. A comparison of ALDI Karrinyup with all of the

other licensed premises in the Locality is included with the Applicant’s Case (DOC 9).

8.10 Interestingly, out of the 22 licences in the Locality, nine are club or club restricted

licences. That represents almost half (40.9%) of the Locality’s outlet density.

8.11 There are three wholesaler’s licences, all of which appear to be operating out of

residential homes.118

8.12 The most relevant licensed premises to consider are those that are permitted to sell

packaged liquor to the general public. In this case, based on research by the

applicant and DES, those premises are the four retail liquor stores and The Saint

George Hotel which operates with a BWS browse/drive-thru bottle shop.

8.13 Only one of the liquor stores, BWS, is situated in the Karrinyup Shopping Centre. All

the others are quite some distance from the proposed ALDI Karrinyup and generally

along the Locality perimeter. This is illustrated in the following map from the DES

report (DOC 9) which plots the approximate locations of these five premises.119

118 As per Google searches of the listed addresses of those licensed premises

119 At page 21

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8.14 “For many years, BWS has been the only choice for grocery shoppers to purchase

liquor at the Shopping Centre. For residents living close to the Centre there are also

few alternatives.”120

8.15 The DES report (DOC 9) comments as follows on the packaged liquor outlets:121

The 2km locality has a population of 24,177 people (2018). With just 5 operating liquor

stores in retail premises or attached to taverns, the effective density of all licences is one

licence for every 4,835 people. This is a significantly lower density and provision than

the average across metropolitan Perth of one liquor store, hotel and tavern licence for

every 2,974 people.

BWS Karrinyup is the only licence which is close to the site of the application.

Woolworths is the only supermarket in Karrinyup and BWS (located beside Woolworths)

is the only liquor store within 2km of the centre. On this basis, there is little choice for

residents of the locality close to Karrinyup for shoppers visiting the centre.

The granting of a conditional licence to ALDI at Karrinyup would raise the rate of

provision to one licence for every 4,030 people within the 2km locality, a rate still much

120 DES report (DOC 9) at page 24

121 At page 23

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lower than the Perth average. This reflects the under provision of packaged liquor

options for residents in the locality.

8.16 Whilst the ALDI and BWS outlets will be in the same shopping centre, this fact should

not impede the grant of the ALDI licence. Even within the confines of the Shopping

Centre facility, ALDI Karrinyup and the BWS store will be in separate sections and a

considerable distance from each other. This is situation is clearly shown in the

following image:122

8.17 The regional status and size of Karrinyup Shopping Centre is a relevant consideration

in assessing outlet density in respect of this application.

8.17.1 The Shopping Centre reported over 6 million visitors per annum prior to the

redevelopment.123 This is likely to increase significantly after the works

have been completed, when the Centre will double in size.

8.17.2 “As a regional shopping centre, Karrinyup will draw customer (sic) from a

region far wider than the 2km locality.”124

8.17.3 The current provision of only one liquor store in such a large shopping

centre is submitted to be insufficient even now, to adequately cater for the

packaged liquor requirements of consumers, let alone when the Shopping

Centre has doubled. This is supported by the market research findings

122 DES report (DOC 9) at page 7

123 DES report (DOC 9) at pages 6 and 23

124 DES report (DOC 9) at page 23

BWS

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referred to in subsequent paragraphs, as well as the following remark in the

DES report (DOC 9):125

… In most regional shopping centres in excess of 100,000 sqm, most

product and service categories are duplicated through competing retailers

to provide choice and offer convenience as some shoppers (such as

grocery buyers) only shop certain sections of the centre. The provision of

another liquor licence can be easily supported by the market and indeed

enhances the choice and convenience of shoppers shopping in or near

ALDI in the new food precinct. The licence will strengthen AMP’s aim of

developing a convenient local shopping node by grouping ALDI, Coles and

a range of high quality food shops together.

8.17.4 “[T]he effect on choice, value and a differentiated product range for the high

volume and frequency of shoppers at the Karrinyup Shopping Centre is

positive.”126

8.18 Moreover, ALDI Karrinyup and BWS Karrinyup will be distinctly different from the

other. This proposition is supported by the Liquor Commission’s finding in the ALDI

Harrisdale decision that there “is a significant diversity between the products sold by

ALDI and the BWS store…”127.

8.19 It is reiterated that the ALDI Karrinyup liquor service will be unique and almost entirely

unlike the existing services in the Locality. What is proposed is a modest liquor range

comprising largely of award winning and value-for-money products, through a modern

one-stop-shop concept that has the potential to offer an unrivalled level of

convenience for shoppers. The following are key additional distinguishing features of

the ALDI liquor proposal:

8.19.1 The majority of ALDI’s products are exclusive and not available at any of

the other liquor outlets.

8.19.2 The display/browse and checkout section in the ALDI Karrinyup

supermarket will only comprise approximately 35m2, significantly smaller

than many of the other packaged liquor outlets. The bespoke ALDI liquor

service will be an ancillary but highly valuable component of its overall

service.

8.19.3 There will be no refrigerated liquor products at ALDI Karrinyup. This is a

harm minimising factor of the ALDI liquor service and speaks to its genuine

intention to complement its household and grocery offering.

8.19.4 None of the other packaged liquor outlets can offer one-stop-shopping

convenience to ALDI shoppers in the same way that ALDI Karrinyup will if

the licence application were to be granted.

125 At page 25

126 DES report (DOC 9) at page 23

127 [43(g)]

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8.20 Indeed, ALDI Karrinyup will be unlike any of the other operations in the Locality. The

ALDI Karrinyup liquor section will be situated within the free-standing supermarket

which will, in effect, be self sufficient in that it will provide customers with a very

comprehensive one-stop-shop opportunity within the one retail footprint. Fresh food,

other groceries, a wide range of household and garden products and liquor will be

available from the one place, with easy access and on-site parking. Furthermore, it is

these very attributes of the ALDI Karrinyup liquor proposal that are highly demanded

by the community, as highlighted in the following findings in the PRG report (DOC 8):

8.20.1 “Competitive pricing, convenient location and on-site parking are the most

appealing attributes, with just under three-quarters (70%) rated the notion of

being within a supermarket highly.”128 This is illustrated in the graph below.

8.20.2 “…the ALDI attributes of value, award winning products and the ability to

buy groceries and liquor requirements in the one store are liked by a

significant majority of packaged liquor buyers. Note also that just under

three-quarters of respondents (74%) liked the notion of a sectioned-off

liquor section…”129. This is illustrated in the following graph.

128 Page 6

129 Page 7

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8.20.3 “Nearly eight out of ten (79%) of those who currently buy packaged liquor,

and just over eight out of ten (83%) of those who buy at least once a month,

report that they would be likely to purchase their packaged liquor

requirements from the ALDI liquor section if shopping in the proposed

Karrinyup ALDI store. The main motivations for this appear to be the

greater convenience and the good value promise of the ALDI approach to

retailing.”130

8.21 It is a highly compelling factor that a representative sample of the public have

expressed a clear desire for the proposed liquor service. As addressed earlier on in

this PIA, this application has the potential to alter the shopping habits of the

community by greatly improving and enhancing the level of convenience, choice and

quality in offering. This is supported by the following extract from the PRG report (DOC

8):131

Whilst 63% of respondents buy their packaged liquor requirements “at least half the

time” when also shopping for household groceries, one third (33%) do so “most or all of

the time”. The 30% who do so “about half the time” could be a function of lack of

opportunity. The question about the potential for greater convenience overleaf

suggests that the limiting factor is lack of opportunity rather than lack of

preference. The most preferred option at present is that of a specific “walk in and

browse” trip to a liquor store, currently favoured by 43% of respondents “most or all of

the time” and 70% “at least half of the shopping occasions.”

Note also, the small proportion (11%) making most of their packaged liquor purchases in

a drive through bottle shop. Indeed 76% of packaged alcohol buyers report that they

rarely or never use a drive through bottle shop, suggesting that little of the shopping

for packaged alcohol in this region is a spur of the moment decision or simply not

a preferred or a convenient option.

Four out of five (80%) respondents who buy take-away liquor report that they would find

it more convenient to make these purchases if their grocery store included a take-away

liquor section within the store itself…

The suggestion is that whilst the dominant shopping pattern is currently tilted towards a

special trip to a “walk in and browse” store over the choice to shop in conjunction with

the household grocery shopping, there is a likelihood that shopping in conjunction

with the weekly grocery shop would become even more common if their grocery

store also had a licenced (sic) packaged liquor section. In short, increased

availability of such options would lead to a change in the way that many consumers

shop for their packaged alcohol requirements.

(Emphasis added)

130 Page 9

131 Pages 17 and 18

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8.22 The addition of the ALDI Karrinyup liquor service in this Locality is also consistent

with industry growth and development. Further in this regard, it is relevant to consider

the following finding by the Liquor Commission in ALDI Harrisdale:132

The granting of a licence for the selling of packaged liquor in a floor space of 24 square

metres would not result in a proliferation of liquor stores within the locality or a

proliferation of liquor within the locality. To the contrary, given the nature of products to

be sold by the applicant it will add to the diversity of products on offer and allow greater

choice for consumers of liquor, thus being consistent with the primary object set out in

section 5(1)(c) of the Act.

8.23 This issue of outlet density is also addressed in the accompanying Legal Submissions

(DOC 7).

8.24 It is submitted that the licensing authority should be able to easily find that evidence

collectively demonstrates that the granting the ALDI Karrinyup licence is certainly in

the public interest.

____________________________________________________________________________

9 Offence, annoyance, disturbance or inconvenience – section

38(4)(c)

9.1 ALDI has carefully considered the impact that may be caused to people who reside or

work in the vicinity of the proposed licensed premises in terms of how and in what

circumstance the sale and supply of liquor could potentially cause those people

offence, annoyance, disturbance or inconvenience.

9.2 It is not considered that there are any high risk factors associated with the ALDI

application, for the various reasons referred to throughout this PIA. Despite that

conclusion, the applicant is aware of the potential for adverse effects from any sale

and supply of liquor and hence proposes to implement the following strategies to

“combat offence, disturbance or inconvenience”133 that could potentially occur:

9.2.1 Maintaining a manner of trade which is low risk and low impact.

9.2.2 Managing delivery times and methods in such a way as to minimise

potential disturbance to neighbours. The potential of this is highly unlikely

given that Karrinyup Shopping Centre has been operating since the 1970’s

and surrounding residents are well accustomed to the comings and goings

of vehicles associated with the operations of the Centre.

9.2.3 Implementing tried, tested and proven operational policies for overall

management and conduct of business.

9.2.4 Monitoring closely unaccompanied juveniles. Controversial liquor products

and promotions designed to be attractive to juveniles will not be stocked.

132 [42]

133 PIA Policy

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9.2.5 Maintaining a high standard of premises in terms of cleanliness, tidiness

and overall quality, to indicate to patrons the operator’s professional

approach to management of the business.

9.2.6 Employing only mature and skilled people to run the operation, all of whom

will be presented in professional uniform. The staff will all be trained to be

able to exhibit a high level of stock knowledge. These features will add an

element of responsibility to the functioning and image of the business.

9.3 ALDI’s high level of staff training will ensure that staff at ALDI Karrinyup will

consistently enforce and uphold the licensee’s policies and philosophies for a

compliant business which focuses on integrating with the local community. The

applicant values its excellent reputation as an upstanding corporate citizen and

employees will be trained to uphold reputation and share in ALDI’s core values.

9.4 The overwhelming majority of respondents in the applicant’s market research (DOC 8)

indicated that they do not consider the ALDI liquor service will cause them personal

harm, ill-health, offence, disturbance, annoyance, inconvenience or offence. It was

revealed that “at least nine out of ten respondents indicated that they would not

experience the particular potential negative effects of the liquor licence” as illustrated

in the following graph.134

9.5 No high risk factors associated with the liquor store proposal in this case have arisen

in preparing this PIA. The small risk factor that does exist, as with any licensed

premises, will be closely monitored and carefully managed in any event.

____________________________________________________________________________

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

10.1 The local community stands to benefit enormously from the introduction of the ALDI

liquor service at the ALDI supermarket. The public will enjoy the well-known ALDI

134 DOC 8 at page 8

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liquor products and services in their area, which have been enjoyed by other

Australians elsewhere in the country for many years and are starting to be enjoyed in

WA.

10.2 The opening of ALDI stores in Western Australia has been met with great enthusiasm

by customers from across the metropolitan area. When the first ALDI stores in WA

started trading in June 2016, members of the public queued up for hours before the

stores opened, as seen in the photographs below.135

10.3 In the first six months of trade in Western Australia, more than 3.2 million customers

were served at ALDI stores.136 By way of a further example of ALDI’s popularity, the

ALDI Cloverdale store transacted a staggering 156,338 customers in just 69 days of

trading, which is an average of 2,266 customers per day.137

135 http://www.watoday.com.au/wa-news/keen-shoppers-brave-cold-for-opening-of-perth-aldi-stores-20160607-gpe297.html

136 https://www.businessnews.com.au/article/Aldi-flags-14-more-WA-stores-in-2017

137 DOC 19

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10.4 In terms of employment benefits, within around six months of opening, ALDI had

employed almost 500 people in its WA stores. Its long term plan to open up to 70

stores in this State would lead to 1,200 jobs being created.138

10.5 Further in terms of community benefits139:

The Australian retail liquor sector generated sales of nearly $17 billion in 20161 and an

estimated $5.1 billion collected from indirect alcohol taxes and GST revenues2. Retail

liquor provides a broad range of flexible employment with more than 47,800 people

directly employed across Australia. In total, the 6,451 packaged liquor licences (PLL)4

underpin an industry generating employment of 165,800 Australians when also factoring

in the additional indirect jobs5.

The retail liquor sector is proactively committed to responsibly enabling the safe and

social enjoyment of alcohol beverages, by providing a wide choice of premium

beverages at competitive prices, for people to share with friends and family in the safety

of their homes. The sector collaboratively tackles alcohol misuse and discourages

underage/secondary supply of alcohol beverages by adopting many voluntary (and

effective) measures…

____________________________________________________________________________

11 Other matters

Patronage

11.1 ALDI anticipates it will build up and maintain a large and regular customer base,

comprised mainly of people living in the Locality. This is supported by the trade area

information and following findings in the DES report:140

Karrinyup is an affluent area with a low provision of liquor stores. The socio-economic indices

for the locality and the broader catchment beyond 2km are favourable. The data points to an

area of established and older families with high education and income levels and white collar

occupations. Unemployment rates are low and there is little public housing in the area.

The small offering targets in-store grocery buyers with a strong emphasis on convenience,

quality and value. It will be an important and valuable addition to the overall product mix

available to ALDI customers and centre visitors.

11.2 Other results of the applicant’s market research show that the proposed liquor service

at ALDI Karrinyup is highly likely to be enormously popular as well. “Nearly four out

of five (79%) respondents who ever buy take-away alcohol indicated that if they were

shopping in the proposed ALDI Karrinyup store they would be at least “quite likely” to

also buy their packaged liquor requirements in the liquor section. …more frequent

138 http://www.perthnow.com.au/news/western-australia/aldi-to-open-14-more-stores-in-wa-in-2017/news-

story/0de29965fcd9712852ab9b2919908286

139 ALSA-IRI State of the Industry Report, March 2017, at page 4 (DOC 10)

140 DOC 9 at page 25

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buyers of take-away alcohol (at least once a month) showed heightened interest

(83%) in buying from the ALDI liquor section.”141

11.3 In this regard, it is highlighted that the licensing authority is entitled to take into

account the popularity of similar services provided at other locations when assessing

whether the proposed services will be in the public interest at this particular

location.142

11.4 The proposed liquor service will principally cater for all of the reasonable liquor

shopping needs of ALDI supermarket customers. The liquor store is designed to

provide premium shopping convenience in terms of the following:143

11.4.1 One-stop-shopping.

11.4.2 One-transaction-shopping.

11.4.3 One-stop-ALDI-shopping.

11.4.4 One-trolley-shopping.

Security and crime prevention

11.5 ALDI’s considerable retailing experience, including selling liquor products, has

provided the organisation with the ability to manage security well such that crime

associated with ALDI stores is kept very low.

11.6 The quality of the premises, both inside and outside, and the standard of supervision

by staff will help make the public feel welcome and safe but any would-be criminals or

disorderly persons uncomfortable.

11.7 Crime prevention through environmental design is contemplated by the PIA Policy

and the applicant has had regard to this issue. Importantly, the liquor store will have

no external access as it will be entirely confined and secured within the ALDI

supermarket.

11.8 As has already been made clear, the following will apply at the ALDI Karrinyup store:

11.8.1 Security cameras both inside the premises and outside around the exterior,

further details of which are provided below. This includes CCTV over the

licensed area.

11.8.2 Secure locking systems for after hours.

11.8.3 A high level of staff training which includes how to deal with incidents that

are or could potentially become criminal or unsafe.

141 DOC 8) at page 23

142 Woolworths Ltd v Director of Liquor Licensing [2013] WASCA 227 at [77]

143 This aspect is addressed in the detail in the accompanying Legal Submissions (DOC 7)

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11.8.4 Maintaining a rigid enforcement of harm minimisation principles and

policies. These will include, for example the “ID Under 25” policy, staff

training, participation in the local liquor accord, notifying police of potential

criminal behaviour and keeping in contact with police.

11.8.5 Clear and obvious signage. The new premises will be bright, modern and

attractive.

11.8.6 Limited public access and egress via one point only, from within the

supermarket under the constant vigil of the cashiers. This will ensure a

high level of staff surveillance from inside the store and will also inhibit

would-be criminals by restricting the ease of a ‘get-away’.

11.9 The applicant’s responsible approach to its business and desire and proven capacity

to provide a service that is popular with the local community will help ensure an

approach to management that invokes safety, convenience and no crime.

11.10 The design for the new store ensures the licensee will have the ability to maintain

adequate controls over the licensed operation by being able to properly monitor the

whole premises whilst simultaneously operating the business in a manner which

meets the requirements of the public.

11.11 Included in the Applicant’s Case is a copy of the applicant’s confidential Security

Layout plan, illustrating the general position and fit-out of the items described above

(DOC 14 - private and confidential).

11.12 An advanced security and surveillance system will be installed, based on the model

which has been successfully operating in the eastern states. The applicant’s

advanced system includes the following features:

11.12.1 An Access Control System as follows:

(a) 24 hour entry system to the store including interface with the

security system.

(b) A tamper switch will be applied to set off the alarm in the event of

unauthorised removal of the panel front covers.

11.12.2 CCTV system – 24 hour surveillance of the licensed area and entry and

exits to the store, which will include the following:

(a) 11 active cameras will provide 24 hour surveillance with the digital

video recorder.

(b) Two full body cameras located within the licensed area, one

facing the checkout and another one facing the liquor shelf.

(c) The digital video recorder will be configured for motion detection

to allow efficient review of any incidents.

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(d) An appropriately sized hard disk will be installed to allow images

to be retained on the digital video recorder for at least two weeks

without greatly compromising recording quality.

(e) The CCTV flat panel monitor will be located in the office to

provide real time monitoring to the store staff of the retail floor

including the licensed area. This will include a play-back function.

11.12.3 The security system equipment will include the following:

(a) Passive Infra-Red Motion Detectors.

(b) Break glass detectors.

(c) Magnetic reed switches.

(d) Vibration detector.

(e) External strobe and siren.

(f) Security flashing lights and horns.

11.12.4 A back to base monitoring system which will raise a security alarm if the

security system is armed and there is a breach. The back to base alarm will

then send a patrol as well as notifying the manager, which will also activate

an external strobe light and external siren.

11.13 The design and installation of the electronic security, access control and audible

system shall comply with the requirements of all relevant standards and codes

including but not limited to the following:

11.13.1 Australian Standards AS/NZS 3000.

11.13.2 State Service and Installation Rules.

11.13.3 Building Code of Australia.

11.13.4 Local and other authority services and installation rules.

11.13.5 Australian Communications Authority.

11.13.6 Work Cover Authority.

11.13.7 Other relevant Australian standards.

11.14 Of real significance is the fact that the ALDI liquor area design and layout facilitates

an advanced level of security and surveillance. The store’s design will make it

extremely difficult for juveniles, drunk people or would-be thieves to gain access to

the liquor area and go undetected. This will be achieved by virtue of the following

factors:

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11.14.1 Customers will be required to walk well into the supermarket footprint under

clear view of a combination of various cameras, staff monitoring them and

other customers observing.

11.14.2 Customers will be required to walk through the manned and monitored

checkouts in order to exit the store. There will be no quick get-away option.

11.14.3 The simple small layout of the liquor area will also ensure that it is not in

any way attractive for juveniles, drunk people or would-be criminals nor a

temptation for impulse procurement.

11.15 This ALDI concept has proven to be successful in other states and locally in

maintaining harm minimisation and risk management.

12 Conclusion

12.1 ALDI has provided a detailed proposal which includes all of the necessary formalities

as well as a large volume of supporting information and evidence from the

community, all of which is highly supportive of the grant of the liquor store licence for

a very small floor area in the Karrinyup store.

12.2 The particulars of the ALDI Karrinyup liquor licence application have been

comprehensively set out and evaluated with reference to all relevant aspects of the

PIA Policy. In particular, this PIA addresses the following key points:

12.2.1 All aspects of the public interest factors in full measure.

12.2.2 Relevant at risk groups.

12.2.3 Both positive and negative elements associated with the Locality and the

application generally.

12.3 Of the few small risks that exist in this case, several valuable risk minimising

measures have been proposed. On the other hand, the very many positive factors

have a great deal of weight.

12.4 The ALDI Karrinyup supermarket, with a liquor service, will provide an important and

valued service to the community. The evidence and findings in the DES report (DOC 9)

and the PRG report (DOC 8) that have been cited in this PIA support this proposition.

12.5 It is submitted that the grant of the ALDI Karrinyup application will cater for the

requirements of modern consumers. As detailed throughout this PIA, the public has

expressed overwhelming support for the ALDI liquor service at its Karrinyup

supermarket.144

144 PRG report (DOC 8)

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12.6 Further aspects of the public interest and the legal issues associated with the

application are addressed in the applicant’s detailed Legal Submissions (DOC 7).

Dated 19 September 2019

________________________________

Lavan

Lawyers for the applicant

Reference: Jessica Patterson

[email protected]

T: (08) 9288 6946

www.lavan.com.au