Issue Date:  -  Monday, 11 December 2006

Decision on Extended Trading Hours Permit for Farm Fresh Food Market Site in Albany

The Consumer Protection Commissioner Patrick Walker, has this week advised of his decision that the extended trading hours permit applying to retail shops situated within the "Farm Fresh Food Market" site at the corner of Chester Pass Rd and Catalina St in Albany will not be cancelled.

The Commissioner has advised that, following the receipt of further legal advice obtained since the resolution earlier this year of Court proceedings in relation to the matter, he has concluded that there is no clear power under the Retail Trading Hours Act 1987 (WA) permitting the revocation of the Permit, which was issued under s.15 of the Act.

There is no express power set out in the Act, nor is it clear that such a power may be implied. The Commissioner has advised that he considers that to proceed to revoke the Permit would be to seek to act beyond his legislative powers.

The Commissioner had been approached by the City of Albany, seeking a revocation of the Permit following a local referendum on optional seven day trading for retailers in the City of Albany, which resulted in a vote marginally against extended trading hours.

The Commissioner has advised affected parties of his decision, including the owner of the affected premises and the two remaining tenants (a newsagency and a pharmacy), and has also advised an earlier tenant (Woolworths Ltd) which has moved to new premises not covered by the Permit.

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