Date April 27, 2017
Hon John Quigley MLA
Attorney General
10th Floor London House
216 St. Georges Terrace
PERTH WA 6005
Dear Attorney General
Re Attachment ‘Legalities of
the Shire of York owned Tavern & Tavern Licence’.
I have written to Minister Papalia advising him of a Royalties for Regions funded, shire-owned Tavern in York that has currently cost ratepayers $15.8million and destroyed much of York’s tourism, hotel and restaurant structure over the past four years. The problem has direct links to his portfolios of Tourism and Racing, Gaming and Liquor.
The wastage of state revenue on Royalties for Regions funding is massive, but in Local Government Area terms much has been spent on not-for-profit community projects such as basketball courts, skate parks and swimming pools.
Although attached to the local sporting complex, this Tavern could be argued to be a failed commercial business enterprise not a community asset and therefore subject to State and Federal business laws.
Through pressure from the local community the Shire of York has finally approached its ratepayers to provide submissions on how, and by whom, the Forrest Tavern, now rebadged as the Forrest Bar & Cafe should be run.
I have written to Minister Papalia advising him of a Royalties for Regions funded, shire-owned Tavern in York that has currently cost ratepayers $15.8million and destroyed much of York’s tourism, hotel and restaurant structure over the past four years. The problem has direct links to his portfolios of Tourism and Racing, Gaming and Liquor.
The wastage of state revenue on Royalties for Regions funding is massive, but in Local Government Area terms much has been spent on not-for-profit community projects such as basketball courts, skate parks and swimming pools.
Although attached to the local sporting complex, this Tavern could be argued to be a failed commercial business enterprise not a community asset and therefore subject to State and Federal business laws.
Through pressure from the local community the Shire of York has finally approached its ratepayers to provide submissions on how, and by whom, the Forrest Tavern, now rebadged as the Forrest Bar & Cafe should be run.
Given the Shires past performance there is really nowhere to run and nowhere to
hide
The current owner of the tavern premises is the Shire of York, the holder of
the current Tavern Licence 6020142381 is the Shire of York. That is a cold,
hard fact.
All breaches of ownership and operation of commercial premises under the Trade Practices Act, Fair Trading Laws, Australian Competition Laws, Australian Small business Laws, Australian Insolvency Laws and WA Liquor Licencing Laws should be the responsibility of the Shire of York regarding its tavern and its performance.
Any fines payable for trading insolvency over a four-year period, other breaches of commercial regulations, any compensation claims by similar local businesses primarily forced into liquidation by competition from this tavern and the massive local rates increases caused by its insolvency-is the legal and equitable responsibility of the Shire of York.
Should the Shire of York be found accountable for any breaches of any laws relating to its ownership and operation of its Tavern Licence, then its ratepayers should be absolved from paying rates associated with all costs of the Tavern’s business operations and any fines and compensation payments.
Although renamed the Forrest Bar & Café these premises are still owned and operated under Shire of York Tavern Licence 6020142381 and should be operated under the terms and conditions of a ‘Tavern Licence’ including opening hours and the service of substantial meals at the required times. This does not occur.
I believe that prior to the 2008 State Election, you had some concerns regarding the laws of governance and accountability covering Local Government Areas in Western Australia. If this is the case, the past eight years have proved your concerns to be well founded.
I believe it is unconscionable for a Local Government Area to own and operate a commercial business in direct competition with its own ratepayers.
I am hoping that you feel it necessary for your legal team to address and then redress this blight in a democracy that embraces fair trading, fair dealing and fair competition without interference through government ownership.
The solution may well be to ensure that the Forrest Bar & Café is placed in receivership and a liquidator placed in control to provide the best options regarding the Tavern Licence, its disposal and the accrued substantial debt relief.
I hope to have a response from you regarding this matter at your convenience.
Yours sincerely
David Taylor
All breaches of ownership and operation of commercial premises under the Trade Practices Act, Fair Trading Laws, Australian Competition Laws, Australian Small business Laws, Australian Insolvency Laws and WA Liquor Licencing Laws should be the responsibility of the Shire of York regarding its tavern and its performance.
Any fines payable for trading insolvency over a four-year period, other breaches of commercial regulations, any compensation claims by similar local businesses primarily forced into liquidation by competition from this tavern and the massive local rates increases caused by its insolvency-is the legal and equitable responsibility of the Shire of York.
Should the Shire of York be found accountable for any breaches of any laws relating to its ownership and operation of its Tavern Licence, then its ratepayers should be absolved from paying rates associated with all costs of the Tavern’s business operations and any fines and compensation payments.
Although renamed the Forrest Bar & Café these premises are still owned and operated under Shire of York Tavern Licence 6020142381 and should be operated under the terms and conditions of a ‘Tavern Licence’ including opening hours and the service of substantial meals at the required times. This does not occur.
I believe that prior to the 2008 State Election, you had some concerns regarding the laws of governance and accountability covering Local Government Areas in Western Australia. If this is the case, the past eight years have proved your concerns to be well founded.
I believe it is unconscionable for a Local Government Area to own and operate a commercial business in direct competition with its own ratepayers.
I am hoping that you feel it necessary for your legal team to address and then redress this blight in a democracy that embraces fair trading, fair dealing and fair competition without interference through government ownership.
The solution may well be to ensure that the Forrest Bar & Café is placed in receivership and a liquidator placed in control to provide the best options regarding the Tavern Licence, its disposal and the accrued substantial debt relief.
I hope to have a response from you regarding this matter at your convenience.
Yours sincerely
David Taylor
Shire of York Ratepayer.
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