City of Perth councillors are weighing whether to reverse a previous decision to knock back a sex-on-premises venue in the heart of the CBD or embark on a costly fight in the State Administrative Tribunal.
In July, the council denied an application from the Pink Rabbit Adult Boutique to open a dedicated sex-on-premises space on the floor above its Beaufort Street store.
At the time, owner Nicholas Needham told this masthead he planned to appeal the decision to the SAT, saying he was “heartbroken” the space, which would have also catered to the city’s LGBTQIA+ community, was denied.
“There are venues like this that exist all over the world, in every capital city, so I’m not sure why it’s an issue for the City of Perth,” he said.
Now, the city is considering going back on its previous decision, with documents prepared ahead of next week’s council meeting revealing it had already spent about $10,000 on SAT proceedings – and could face a bill of up to $50,000 if it pursues the fight.
In the meeting agenda, city officers recommended the council reconsider its decision and approve an amended application for the venue, which included the condition that the approval is valid for five years at most.
SAT mediation led to an amended application, which included the installation of a shower and a limit of 35 people at a time in the venue.
The opening hours would also be restricted to 9pm, except on Friday when the venue would open until 10pm, and Sunday when it would be open until 6pm.
There were 290 objections to the original application, however 195 were lodged without any reason, and only 11 came from residents or businesses within the City of Perth, according to the council agenda.
Council officers have confirmed the adult store’s plans for the space are “lawful and capable of approval” under the city’s planning scheme.
An agenda briefing session on Tuesday evening, the council heard from several objectors to the proposal, including one ratepayer who said aired concerns about the planning merits in light of the council’s previous rejection.
“The fundamental land use being proposed has not changed,” she said, asking if the amended proposal had addressed the concerns that led to the original refusal.
“That deserves explanation.”
City of Perth Lord Mayor Bruce Reynolds said if council refused the application again, it would go to the SAT, and if the tribunal’s determination overrode the council’s decision, the city would bear the costs of the proceedings.
“I would rather the city fight for the ratepayers,” the woman responded.
The briefing also heard that several planning firms had declined to defend the city at the SAT, highlighting the challenge ahead of the council if it resolved to press ahead with its rejection of the venue.
Lavan Legal’s Alex McGlue, representing Pink Rabbit Adult Boutique, also spoke at the agenda briefing session, telling council his client had made “significant concessions” ahead of the previous refusal.
“Council originally refused the development application on amenity grounds, the reality is that the proposal will have almost no impact on the amenity of the locality,” he said.
“For the simple reason that the use will be entirely internalised, out of public view, and limited in its scale.
“It will be entirely behind closed doors, both literally and figuratively.”
The City of Perth council will vote on the matter at its next meeting on Tuesday, November 17.
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