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Retailers face heightened scrutiny to eliminate covert illegal nicotine transactions.

The Fremantle City Council is considering amendments to local regulations aimed at restricting the establishment of convenience stores that are suspected of selling illegal cigarettes and vaping products. Currently, the central business district of this port city is home to over a dozen such outlets, with additional stores anticipated to open shortly.

Before these proposed changes can be enacted, they must navigate a series of state-level approval processes. The surge in convenience stores reportedly selling illicit vaping and tobacco items has prompted the council to take action to prevent further openings.

A report from the City of Fremantle highlighted that at least 15 convenience stores are clustered closely together, with the council’s planning director claiming that many of these establishments are distributing illegal products covertly.

During a council meeting held on Wednesday night, members voted unanimously in favor of strengthening local planning regulations. If the state government endorses these changes, it will become more difficult for such stores to operate and establish themselves in the area.

However, there are still administrative processes that must be addressed before any concrete measures are put into effect. Residents have expressed their frustration over the situation.

The new proposal mandates that plans for new convenience stores must be publicly advertised for feedback prior to seeking development approval from the council. The existing process for opening these stores has been relatively simple, but Mayor Ben Lawver remarked that the community is reaching its limit with the proliferation of these establishments.

He noted that between November 2024 and August 2025, the number of convenience stores in Fremantle had doubled significantly. “Some are situated right next to each other,” he stated during an interview with 102.5 ABC Perth.

“People can walk into these stores… and they primarily sell illegal items, so we aim to curb the widespread nature of this trade,” he added.

The council’s report indicated that similar stores across Australia have faced allegations of distributing black market cigarettes. This situation raises serious concerns regarding increasing gang involvement in this illicit market, as documented in Perth and other locations, and the potential for violent incidents, such as arson, resulting from gang conflicts within Fremantle.

Mayor Lawver clarified that there will be a clear distinction made between traditional delis and convenience stores. “This initiative is aimed at those selling primarily energy drinks and sweets,” he explained.

The proposed legislative changes also require submission to the WA Planning Commission, which will subsequently advise the Planning Minister, who will decide if the amendment can proceed to public advertisement.

Mr. Lawver is optimistic that the law modification process will be smooth, as it is intended to align with the new tobacco control legislation introduced by the Cook government, which passed in March.

This new legislation is regarded as some of the most stringent in the country, imposing a maximum penalty of 15 years in prison for possession of significant quantities of illicit tobacco or vaping products. Additionally, businesses can face fines of up to $21 million, while individuals could incur penalties reaching $4.2 million.

Under these regulations, businesses found selling illegal products may be shut down for up to a year while investigations are conducted. The government has announced plans to introduce a second phase of tobacco regulation, which will include stricter licensing measures, expected to be presented to parliament by the end of 2026.

In the meantime, Mr. Lawver mentioned that two more convenience stores have opened in Fremantle since the council’s report was released. “There’s another convenience shop that, if it hasn’t opened today, is likely to be operational by this weekend. So, we could be looking at 18 stores in total,” he noted.


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