By James Atkinson
A Western Australian hospitality industry veteran who has invested $1 million in a wine bar venture has had his liquor licence application refused, despite unanimous council support and widespread community backing.
Daniel Morris, formerly of WA restaurants Balthazar and Il Lido, recently opened wine bar and restaurant The Precinct in the Perth suburb of Victoria Park.
The new venue has been operating as a BYO restaurant while Morris and business partner Sarita Leal await liquor licence approval.
Their initial application to the Director of Liquor Licensing was refused because they did not give written evidence in support of their Public Interest Assessment – but Morris told TheShout that this requirement was not stipulated by the regulator.
"They never actually said you 'must 'supply evidence, they said you may 'wish' to," he said.
Morris and Leal appealed the decision to the Liquor Commission, and obtained 350 signatures, 850 Facebook 'likes' and 70 written letters in support of the new venture, as well as council backing.
But he was informed that this evidence was not admissible in the hearing by the Commission, which was only able to review the case on the same evidence that was before the Director of Liquor Licensing.
Morris said the wine bar had "fully unanimous" support from the council, which attended the hearing but was precluded from influencing proceedings for the same reason.
"We're not a venue where young kids are coming in to drink and get drunk, it's a venue for people are have nice food and experience nice wines," he said.
In rejecting the application, Liquor Commission Member Helen Cogan said it was not sufficient for a licence applicant "merely to express opinions and make assertions about the perceived benefits of its application".
"Such opinions and assertions must be supported by an appropriate level of evidence," she said.
"The original application did not include any submission that comment in social media was to be considered; accordingly it cannot be considered in this application."
Morris said the licence refusal has been hugely costly for him and Leal, with liquor sales likely to comprise up to 40 to 50 per cent of the venue's revenue.
"We've invested $1 million in this place, we can't just say, 'we'll see you later'."
"We've got bills to pay."
This is incredibly stupid of the liquor licensing council. They refuse an incredibly nice atmosphere restaurant yet allow bottle shops to pop up everywhere and disgusting deero pubs everywhere. I want a nice bar in Vic Park already, dammit!
Stories like the Precinct and other related stories, only go to show the inadequacies of the states liquor licensing board. For the board to say and I quote “merely to express opinions and make assertions about the perceived benefits of its application” and then not allow them the right to present the evidence is ludicrous!!!!!
In my area we have several businesses who have not been able to proceed with their plans even though these businesses have overwhelming support from community and councillors. It’s about time WA woke up and the authorities that insist on stifling small business work together to support businesses that are making improvements for their local areas. Shame on you Liquor Licensing yet again another example of short sightedness & hiding behind red tape. You should change your name to the ‘fun police’, can’t someone in these decision making roles start exercising basic common sense!! Just nmakes me so mad!
RGL are a law unto themselves.
The above incident is a carbon-copy to a refused application I submitted less than 6 months ago – so I can sympathise.
What is not mentioned in the article is that the applicant is barred from reapplying for 3 years after receiving a refusal! How can that be sanctioned?
An appeal must permit ‘new’ evidence, otherwise what good is it for?