The City of Fremantle is using local laws to crack down on the scourge of illegal tobacco and vape sales at convenience stores that line the CBD.
After multiple complaints from residents about the growing number of convenience stores selling illicit products popping up across town, a change in planning laws could see neighbours allowed to voice their concerns ahead of time.
A recent count by the city found there were 15 convenience stores within close proximity in the Fremantle CBD.
On Wednesday night, councillors will vote to amend the town’s local planning scheme and change the land use permissibility for convenience stores.
Currently, convenience stores in local, neighbourhood, city centre and industry zones can open without lodging a publicly advertised development application so long as it complies with the local planning scheme.
The change of the scheme from ‘P’ to ‘A’ means that future convenience stores would have to lodge an application that will be publicly advertised, allowing residents to have their say on the proposal.
The report to council says this decision would “allow the city to consider any further increase in the number of convenience shops in Fremantle.”
“The recent proliferation of convenience stores, particularly within the city centre, has caused community concerns. At last count, there were approximately 15 convenience stores within a short distance of each other in the city centre,” the report reads.
“It is understood that most of the concern regarding convenience stores stems from the fact that many of them allegedly sell tobacco products illegally or under the counter.”
The report said it was not the city’s intention to establish whether the current stores do, or do not, sell illicit tobacco products.
“Though it has been reported that a number of these types of stores throughout Australia have been accused of selling black market cigarettes,” it said.
“This is a particular concern due to rising gang activity around this market, as has been reported in Perth and elsewhere, and the possibility for arson or other such attacks in the City of Fremantle occurring as part of one gang attacking another.”
On March 12, the state government passed amendments to the Tobacco Products Control Act 2006 to harshen penalties for illegal tobacco sales.
“The amendments … mean WA has some of the strongest penalties in Australia for businesses caught selling illicit tobacco and vapes,” the state government said in March.
The maximum penalty for possession of a large commercial quantity of illicit tobacco and vaping products is $4.2 million for an individual or $21 million for a company, and 15 years imprisonment.
Also introduced as part of the act are store closure orders, which aim to ensure that businesses supplying illegal products will be shut down while investigations take place.
“This a major step forward in protecting Western Australians and driving out the dangerous illicit tobacco and vaping trade,” Premier Roger Cook said.
“Our strengthened laws reflect what the community has been consistently calling for – tougher action to get this harmful trade off our streets.”
As of March, more than 20 people had been charged with more than 60 offences as part of Taskforce Maverick.
The state government also plans to introduce more intense and broader laws to crackdown on illegal tobacco sales later in the year.
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