Council cracks down on illegal tobacco sales with new planning laws
The City of Fremantle is using local laws to tackle the scourge of illegal tobacco and e-cigarette sales at convenience stores in the CBD.
Following a raft of complaints from residents about the increasing number of convenience stores selling illegal goods across the city, a change to planning laws could see neighbors allowed to raise their concerns in advance.
A recent census by the city revealed there were 15 convenience stores located near the Fremantle CBD.
On Wednesday night councilors will vote to change the town’s local planning plan and change the land use permit for convenience stores.
Currently, markets in local, neighbourhood, city center and industrial areas can be opened without making a public planning application, provided that they comply with the local planning scheme.
Changing the plan from ‘P’ to ‘A’ means future markets will have to submit an application that will be made public and allow residents to have their say on the proposal.
The report to council states that this decision “will allow the city to take into account any increase in the number of convenience stores in Fremantle”.
“Recently, the proliferation of markets, especially in the city center, has caused concerns in the society. According to the last count, there were approximately 15 markets in the city center within short distance of each other,” the report states.
“It appears that much of the concern about convenience stores stems from the fact that many are alleged to be selling tobacco products illegally or under the counter.”
The report stated that the municipality does not intend to determine whether existing stores sell illegal tobacco products.
“It has been reported that some such stores across Australia have been accused of selling black market cigarettes,” the statement said.
“This is of particular concern due to increased gang activity around this market, as reported in Perth and elsewhere, and the possibility of arson or similar attacks occurring as a result of one gang attacking another in the City of Fremantle.”
On March 12, the state government amended the Tobacco Products Control Act, 2006 to toughen penalties for illegal tobacco sales.
“The changes… mean WA has some of the strongest penalties for businesses caught selling illegal tobacco and vaping in Australia,” the state government said in a statement in March.
The maximum penalty for commercial possession of large quantities of illegal tobacco and vaping products is $4.2 million for an individual or $21 million for a company and 15 years in prison.
As part of the law, store closure orders have also been introduced, aimed at ensuring that businesses supplying illegal goods are closed while investigations are ongoing.
“This is a huge step forward in protecting Western Australians and eliminating the dangerous illicit tobacco and vaping trade,” Premier Roger Cook said.
“Our strengthened laws reflect what society has continually demanded: tougher action to remove this harmful trade from our streets.”
As of March, more than 20 people have been charged with more than 60 offenses under Taskforce Maverick.
The state government also plans to introduce stricter and broader legislation to curb illegal tobacco sales later in the year.
