By Emma Young
A bong shop due to open in East Victoria Park near primary schools has prompted a local MP to call for planning laws to confine such stores to industrial areas.
Branches of Cloud 9 are already open in Rockingham, Armadale, Wanneroo and Mt Lawley.
The shop sells drug related paraphernalia like bongs
Victoria Park MLA Ben Wyatt presented a grievance in Parliament on Thursday urging Planning Minister John Day to bring in legislation that gives councils more control over where stores selling smoking-related paraphernalia can operate.
He said the Town of Victoria Park had had no planning authority over the opening of Cloud 9, setting up in Etwell Street near homes and schools, as it complied with retail land use zoning.
The Cloud 9 Smoke Shop in Rockingham is one of a number of smoke shops popping up around WACredit: Facebook
He said its smoking implements were sold as legal tobacco paraphernalia, but were "clearly" designed for drug use and the stores operated on a "nudge-nudge, wink-wink" basis and pointed to the fact they also sold synthetic urine promoted as being a way to fool employers' drug tests.
"Now, I know the owners and managers of that store say that they don't condone the use of drugs, but when you look at their Facebook site you see the nature of their advertising," he said.
"It's clear the intent with which they are selling this product."
He said there needed to be legislation, such as that relating to prostitution-related businesses, that allowed these stores to open in industrial areas only.
Victoria Park MLA Ben Wyatt ignited the debate by calling for legislative changes to prevent shops like Cloud 9 opening near schoolsCredit: James Mooney
"I'm not seeking to ban or outlaw but we need to acknowledge if these products are to be sold it needs to be done away from residential areas and away from schools," he said.
"The Planning Minister needs to make it a planning issue ... I hope he takes it on board because I'm not alone here.
Cloud 9 spokesman Daniel Ng said all of the stores' products were used for tobacco, entertainment, souvenir, educational, historical or scientific purposes.
He said the store did not condone law-breaking or induce anyone to use controlled substances and Mr Wyatt was "fishing for votes" without doing proper investigations.
"We are an adult, 18+ store and the signage on the wall, the till, the front counter all says so," he said.
"Anyone who looks under 18 - we ask them to show their ID.
"For a politician to make a big frenzy and fuss outside the Parliament trying to make something an issue without it being an issue is disappointing.
"The politician acknowledged we are not doing anything illegal, we are not breaking the law. We follow guidelines from the [health] department.
"It is the responsibility of parents to educate their children to not enter our stores and it is the responsibility of the teachers to educate the students not to come into their store.
"We still have students who enter our shops in their school uniforms and we contact the school principals and ask them what they want done. We take photos of the students and email it to the school – that is the best we can do. It is not our job to educate students. We can only follow the law of what is required of a retail smoke store when a student or someone under age cannot provide an ID."
Mr Ng said Cloud 9 shops did not sell drugs and pointed out that Victoria Park was full of liquor stores and sex shops.
"People drink alcohol, drink and drive and kill people," he said.
"Pharmacies sell fit packs for heroin addicts to use and call it harm minimisation.
"Pharmacists sell pseudoephedrine that people make into methamphetamine.
"At the end of the day we are an adult store and we do our part, we do follow law ... the onus lies with the person who purchases our products."
Police Minister Liza Harvey said Cloud 9 and the posts on its Facebook page were "of grave concern" to her.
"Quite frankly I don't want them anywhere," she said.
"They try and sleaze through the various different sanctions that exist currently in our criminal code and our misuse of drugs act etc but I have asked police to take a close look at those premises to see if they are breaking any laws.
"Anybody with information about these premises needs to report it to police."
Town of Victoria Park mayor Trevor Vaughan said businesses that promoted or encouraged smoking were not welcome in the town.
"In this particular instance, council's hands are tied, we do not have the power to regulate businesses based on what they are if they comply with the planning laws," he said.
"I agree with Mr Wyatt's statement and would like to see legislation which allows the council to keep these types of businesses out of suburban areas."
Planning Minister John Day has been contacted for comment.
Does your child go to school in the area? What do you think about the new store? Email Emma Young here or leave a comment below.