Amendment No.98 Smoking and Vaping Premises
Consultation has concluded
What is proposed to be amended?
It is proposed to amend the City's Town Planning Scheme No. 24 by modifying the definition of ‘Restricted Premises’ to include ‘smoking-related implements’. This amendment will provide a mechanism to control the location of premises that sell smoking-related implements, such as vape shops and shisha bars.
Currently, outlets whose primary purpose is the sale of tobacco, e-cigarettes and other products used for smoking do not have a specific use class, and fall within the general ‘shop’ land use, while Shisha bars fall within the 'restaurant/café' land use. Most 'shop' and 'restaurant/café' outlets currently do not require planning permission.
By modifying the definition of ‘Restricted Premises’ to include ‘smoking-related implements’, the City will have more control over the location of premises that primarily sell smoking related implements and/or sell for consumption on site. It will mean that to operate as a vape shop or a shisha bar a Development Approval must be obtained from the City.
Currently restricted businesses are limited to locating in the Morley Town Centre; by including 'smoking-related implements' in the definition it will follow that these type of businesses will also be limited to that location. A table showing the changes to various locations is shown in the FAQs.
Community Engagement
The scheme amendment was advertised for public comment and submissions could be made via the Submission form below.
Alternatively, participants could email comments to mail@bayswater.wa.gov.au or write to the Chief Executive Officer. Name and address, were required for the City to be able to formally accept submissions. Submissions closed 4.30pm, Monday 12 June 2023.
The following documents provide information about the proposed scheme amendment:
Next Steps
A report was put to Council at the 25 July 2023 OCM, detailing the submissions received during the consultation period. Council resolved to proceed with the amendments and submitted this to the Western Australian Planning Commission for approval. Approval was granted on 14 December 2023 and the amendment was published in the Government Gazette on 12 January 2024.
Should you have any queries, please contact the City's Strategic Planning Officer, Lisa Previti on 9272 0622 or Lisa.Previti@bayswater.wa.gov.au
