Source : Perth Now news
Limits may be put on the number of convenience stores that can open in Fremantle under new planning rules intended to stop the spread of the tobacco war gripping Perth.
The conflict, which has seen businesses in Perth and Bunbury firebombed this year, has been fuelled by black market cigarettes being brazenly sold by convenience stores, undercutting the legal market and lining the pockets of organised criminals.
The City of Fremantle was asked by its council in August to investigate ways to curb the spread of convenience-type shops that often sell items, such as vaping products, tobacco and associated paraphernalia.
The council voted at its February 10 meeting that all future convenience stores will have to seek development approval and for staff to look at setting out where and how many stores can open.
Convenience stores are exempt from having to apply for planning approval in the city centre under Fremantle’s current planning scheme.
Both the council and the WA Planning Commission have deemed the scheme as at the end of its life and a new one is being prepared.
City staff had recommended the new rules be introduced into the new scheme but the council unanimously backed mayor Ben Lawver’s proposal that work start on adding them now.
“If we had considered this 15 to 18 months ago, when this was first brought to our attention, it may have gone through the process and been approved right now and we wouldn’t have twice as many shops as we did 18 months ago,” he said.
“As a council, we will be able to decide when and where and if more of these shops open up in our city.
“If we’re doing this, hopefully (the State Government) will come to the party and do some real enforcement.”
Other council members claimed the State Government had been slow to act on the issue.
Cr Andrew Sullivan compared it to a “giant turtle lumbering across the plain”.
“I don’t want to be sitting in Fremantle and watching a heritage building in the West End get bombed or a car driven through it or people injured because we haven’t actually tackled the problem as directly as it clearly needs to be tackled,” he said.
Cr Frank Mofflin said it was disappointing the State Government “effectively watched” as the illegal tobacco industry spread.
“We had indications of this well before it being established here on the east coast — they were sitting on their hands watching,” he said.
“While we can do the best that we can, the best we can do will make very little difference (without new State legislation).”
Cr Melanie Clark said it was a scourge “that must not come to Fremantle”, while Cr Jemima Williamson-Wong said it was atrocious the State Government “has done nothing”.
“Hopefully we will have a different Bill for us to see in response,” she said.
“That’s where we’ll see bang for buck and the fastest movement.”
Changes to the Tobacco Products Control Act are currently being drafted.
The city refers any suspected activity around the selling of illegal goods to the State Department of Health, which works with WA Police, Federal Police and the Therapeutic Good Administration.
Health Minister Meredith Hammat told the city since January 1, 2024, the Department of Health had inspected more than 1970 premises, seizing more than 1 million cigarettes and nearly 220,000 vapes.
“The Department of Health is working closely with the WA Police Force and other Commonwealth enforcement agencies, particularly in matters where serious criminal activity may be involved,” she said.
WA Police and the Health Department told the city Superintendent Steve Post would help the department’s tobacco compliance operations.
More staff would also be added to the tobacco compliance unit, more than doubling inspector capacity.
Current police officers and those who had recently left have been invited to help with tobacco compliance.
Since November 2025, WA Police have charged 12 people with 59 offences, including criminal damage by fire, criminal damage, burglary, stealing and drug offences.
An individual caught selling illegal cigarettes could be hit with an on the spot fine of $1000, but could also face maximum penalties of a $10,000 fine for a first offence and $20,000 for a second breach.
There are stricter penalties for companies, which can face $40,000 for a first offence while a secondary breach is $80,000.
