Fremantle Council Moves to Curb Tobacco Conflict with Strict New Store Regulations
The City of Fremantle is taking decisive action against the escalating tobacco war that has gripped Perth, with council members voting unanimously to implement new planning restrictions on convenience stores. This move comes as the municipality seeks to stem the spread of black market cigarettes that have been brazenly sold through such outlets, undercutting legal markets and enriching organised criminal networks.
Planning Overhaul Targets Problematic Retail Outlets
Under Fremantle's current planning scheme, convenience stores operating within the city centre have been exempt from requiring development approval. This regulatory gap has allowed numerous shops to emerge, many of which have been implicated in selling illicit tobacco products alongside vaping items and associated paraphernalia. The council has now directed staff to begin work immediately on new regulations that would require all future convenience stores to seek formal development approval.
Mayor Ben Lawver championed the proposal, arguing that earlier action could have prevented the current proliferation of problematic shops. "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," Lawver stated during the February 10 council meeting.
The mayor emphasised that the new approach would give the council direct control over where, when, and if additional convenience stores could open within Fremantle's boundaries. Both the council and the Western Australian Planning Commission have determined that the current planning scheme has reached the end of its useful life, with a comprehensive replacement already in preparation.
Council Frustration with State Government Inaction
Council members expressed significant frustration with what they perceive as inadequate state-level response to the tobacco conflict, which has seen businesses in Perth and Bunbury firebombed this year alone. Councillor Andrew Sullivan offered a vivid comparison, describing the State Government's approach as resembling "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," Sullivan warned during deliberations.
Councillor Frank Mofflin echoed these concerns, noting disappointment that state authorities had "effectively watched" as the illegal tobacco industry expanded across Western Australia. "We had indications of this well before it being established here on the east coast—they were sitting on their hands watching," Mofflin asserted.
Other council members, including Jemima Williamson-Wong and Melanie Clark, described the situation as both atrocious and a potential scourge that must be prevented from taking root in Fremantle. The council expressed hope that their local actions might spur more substantial state-level intervention, with Mayor Lawver noting, "If we're doing this, hopefully the State Government will come to the party and do some real enforcement."
Enforcement Efforts and Legislative Changes
Health Minister Meredith Hammat provided data indicating significant enforcement activity, revealing that since January 1, 2024, the Department of Health has inspected more than 1,970 premises, confiscating over one million cigarettes and nearly 220,000 vaping devices. The department maintains close collaboration with Western Australia Police, Federal Police, and the Therapeutic Goods Administration, particularly regarding matters involving serious criminal activity.
WA Police and the Health Department have committed additional resources to tobacco compliance operations, with Superintendent Steve Post assigned to assist the department's efforts. The tobacco compliance unit will see its inspector capacity more than doubled through the addition of new staff, including current and recently retired police officers who have been invited to contribute their expertise.
Since November 2025, WA Police have charged twelve individuals with fifty-nine offences related to the tobacco conflict, including:
- Criminal damage by fire
- Burglary and stealing offences
- Drug-related charges
- General criminal damage
Penalties for selling illegal cigarettes remain substantial, with individuals facing on-the-spot fines of $1,000 and maximum penalties reaching $10,000 for first offences and $20,000 for subsequent breaches. Corporate penalties are even more severe, with companies potentially fined $40,000 for initial violations and $80,000 for repeat offences.
The City of Fremantle continues to refer suspected illegal sales activity to the State Department of Health, while legislative amendments to the Tobacco Products Control Act are currently being drafted at the state level. These combined efforts represent a multi-faceted approach to addressing a complex public safety and regulatory challenge that has significant implications for community wellbeing and economic integrity throughout Western Australia.
