Convenience stores in crosshairs as Freo council moves to combat tobacco black market

Fremantle councillors have made it harder for convenience stores to proliferate in the port city’s CBD amid a crackdown on illegal tobacco and vape sales.

A unanimous decision by councillors to change their planning laws at Wednesday night’s council meeting will force future convenience store owners to lodge a publicly advertised development application.

After multiple complaints from residents about the growing number of convenience stores in town – which often sold illicit tobacco and vapes under the counter – the law change would provide an avenue for neighbours to voice their concerns ahead of a shop opening.

Fremantle is among the first councils to make the move, which will also ensure the city has the autonomy to consider any further increase in the number of convenience stores.

Until now, convenience stores in local, neighbourhood, city centre and industry zones in Fremantle have been able to open without lodging a publicly advertised development application, so long as they comply with the local planning scheme.

A recent count by the city found there were 15 convenience stores all close to one another in the popular tourist destination’s CBD.

Fremantle councillor Melanie Clark told Wednesday night’s meeting she was aware of 18 convenience stores in the area, and believed the planning law change “can’t come soon enough”.

“We are now at 18 at the moment for alleged convenience stores in the city, and I’m advised that some of them were raided last week or the week prior,” she said.

“I’m really looking forward to these laws being enacted so that Superintendent Steve Post and his team can swing into action to not only start clearing them out [but also] create some empty spaces for some new businesses to move in.

“I’m also very pleased that what we are putting forward here will support all of that action.”

A report to council ahead of the meeting pointed to illegal tobacco sales being the main cause for concern from residents.

“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,” it said.

The report noted 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 increase 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 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.