What are the current controls for shops and/or cafes selling tobacco and vaping products?

    Outlets whose primary purpose is the sale or consumption of tobacco, e-cigarettes and other products to be used for smoking do not have a specific use class, and therefore currently fall within the more general ‘shop’ or 'restaurant' land use. In the majority of instances these outlets are not required to seek Development Approval from the City.

    What is the scheme amendment proposing to do to vape shops and shisha bars?

    This scheme amendment proposes to amend the definition of ‘Restricted Premises’ to include ‘smoking-related implements’, to provide a mechanism to control the location of premises that sell smoking-related implements and allow smoking on site (shisha bars).

    In some areas vaping shops and shisha bars will no longer be able to obtain an approval. The only area where vaping shops and shisha bars will be able to submit an application for development approval will be the Morley Town Centre. 

    Where will Vape Shops and Shisha Bars be allowed if the amendment is approved by the WAPC?

    Zones

    Current Permissibility 

    Proposed Permissibility 

    • Business
    • Maylands Activity Centre - Special Control Areas 1, 2, 3 & 5
    • Morley Activity Centre – Civic and Education Precinct. 

    ‘P’ permitted

    ‘X’  not permitted.

    • Special Foreshore Reserve
    • Morley Activity Centre – Inner City Residential Precinct.  

    ‘A’ May be allowed subject to public advertising and Council consideration.

    ‘X’ not permitted.

    • Morley Activity Centre – Central Core Precinct. 

    ‘P’ permitted

    ‘A’ May be allowed subject to public advertising and Council consideration.

    • Morley Activity Centre – Outer Core Precinct.   
    • Morley Activity Centre – Mixed Business Precinct.

    ‘D’ – may be allowed at the discretion of Council.  

    ‘A’ – may be allowed subject to public advertising and Council consideration.

    • Maylands Activity Centre - Special Control Area 6

    ‘D’ – may be allowed at the discretion of Council.  

    X’ – not permitted.


    What will happen to existing vape shops and shisha bars?

    All existing premises within the City of Bayswater that are currently operating will be permitted to continue to operate. 

    Why are vape shops and shisha bars allowed within the Morley Town Centre

    Currently the City has limited control over the location of vape shops (shops) and shisha bars (restaurant / café). The scheme amendment will result in these premises being treated the same as Adult Shops (Restricted Premises). At the moment Restricted Premises can only be considered within the Morley Town Centre. The City does not intend to make any further changes to this. 

    Why did I receive this letter about vape shops and shisha bars?

    All commercial zoned properties in the City have received this letter. This includes many residential properties surrounding the Morley and Maylands town centres.