FREMANTLE councillors have moved to clamp down on the spread of vape and tobacco shops, amid mounting frustration that the state government has been slow to act on what many say is a growing criminal problem.

Greens MLC Brad Pettitt said councils were being left to deal with an issue beyond their powers.

“We support the Fremantle council for acting and for consistently calling for stronger measures to address illegal tobacco sales, but it is frustrating that local governments are being forced to respond to what is clearly a statewide issue,” Dr Pettitt said.

“Councils should not have to rely on planning controls to manage the risks associated with the illicit tobacco trade.

“Communities across Fremantle and the state have been raising concerns about safety, neighbourhood amenity, and the impact of these stores.

“We do not want to see a serious incident occur before stronger action is taken. The potential for violence, fire, or other criminal activity linked to illegal tobacco retail puts Fremantle’s heritage buildings, local businesses and residents living above or nearby at risk.”

• Greens (WA) MLC Brad Pettitt says Fremantle council’s on the right track in tackling vapes, but the Cook government is falling behind. Photo supplied

At Wednesday night’s council meeting, staff had recommended folding any planning changes into the city’s local planning scheme when it is overhauled this year, rather than pushing through a stand-alone amendment.

But mayor Ben Lawver — who first raised the issue in a notice of motion last year while still a councillor — convinced colleagues to proceed with a separate scheme amendment aimed at limiting where convenience-type stores can open.

Cr Jemima Williamson-Wong said the city had identified two main approaches: planning controls and criminal enforcement.

“One is through the local planning scheme, which we know is clunky and takes a lot of time and requires a lot of different people to give us approvals and advertisements for changes, etc,” she said.

“And the second being the kind of criminal aspect and using health or specific legislation to support us to close shops that are selling illegal tobacco.

“And it’s been great to see the WA Government respond to that… because I think that’s where we’ll see the most bang for the buck, basically, and the fastest movement.”

But Cr Andrew Sullivan said the state response felt painfully slow.

“It does feel like that the state is a giant turtle slowly wandering across the plain with an objective in mind that they might get there eventually and rewrite the laws and the like,” he said.

“There are some very bloody adequate ones already in existence throughout Australia that could be implemented just about tomorrow.

“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 in the process, because we haven’t actually tackled the problem as directly as it clearly needs to be tackled.”

Cr Frank Mofflin said it had been “disappointing that the state essentially watched as this industry proliferated across Western Australia,” adding councils could only do so much without stronger laws.

“I think in the strongest possible terms possible we should continue to engage with relevant authorities and tell them to hurry up and get the legislation in place and enact it and resource it… such that this scourge is shut down,” he said.

Cr Melanie Clark described the shops as a “scourge” that had already alarmed local traders and led to more attacks on visitors.

“They’re not convenience stores at all. They’re just con stores,” she said.

Mr Lawver said planning controls were the one lever the city could pull immediately.

“It is very clear that we have one thing that’s within our remit at this point in time, and that is engaging with our planning scheme,” he said.

“If we had maybe considered this… 18 months ago… it may have gone through the process and been approved right now, we wouldn’t have twice as many shops as we did 18 months ago.”

He said it was only fair such businesses faced the same scrutiny as other uses.

“Earlier tonight, we approved a pottery studio. Someone had to come and get permission to have a pottery studio in an industrial area… we should at least have that same level of scrutiny for more of these kinds of shops opening up in our city,” he said.

by STEVE GRANT