WA Tobacco Wars: Former Police Commissioner Karl O’Callaghan blames lack of leadership for black market boom

The State’s former top cop has blamed inaction from the Cook Government for the illicit tobacco scourge which has now embroiled a major retail liquor brand. In response to The West Australian’s undercover investigation that revealed a Cellarbrations bottle shop in Clarkson was selling illicit Euro Red cigarettes, ex-WA Police Commissioner Karl O’Callaghan said authorities had lost control of the situation. “Clearly not enough is being done by Government to resource the key authorities that are responsible for criminal gang activity around the illicit tobacco trade,” Mr O’Callaghan said. “We now find out that it has infiltrated the liquor industry and that is a major concern and development. Sooner or later someone will be seriously injured or killed as a result of the illicit tobacco war.” Mr O’Callaghan said officers from the WA Police Licensing Branch could investigate the Cellarbrations store for breaches under the Liquor Control Act. During more than a decade as Commissioner, he used the same legislative muscle to crack down on liquor stores and licensed venues for supplying alcohol to minors. “Licenses for the sale of Liquor require responsible and legal behaviour by the licensee or owner,” he said. “A licensed premises that engages in unconscionable behaviour by flagrantly breaching other laws such as those relating to the health and safety of the community ought to be investigated by Police and the Commissioner in regards to their right to hold a license. “It is a major concern that big name liquor outlets are prepared to sell illicit goods. We cannot be sure that a liquor store that is prepared to act illegally will be striving to fulfil all its legal obligations such as the sale of alcohol to juveniles.” Throughout Perth, lunch bars, independent grocers and petrol stations are among retailers selling black market cigarettes and vapes in broad daylight. It has prompted a tobacco war across the State, which has reached fever pitch over the past six months and seen stores firebombed and impacting nearby businesses and even drive-by shootings and spot fires. Mr O’Callaghan called on Roger Cook to properly resource compliance and enforcement of illicit tobacco, blaming the lack of action for allowing the situation to spiral. “At the moment no one seems to be taking a leadership role on this issue. Not the Premier. Not the Commissioner of Police and not the head of Health. That is a major part of the problem,” he said. As part of The West’s investigation on Friday, a store in Health Minister Meredith Hammat’s electorate was openly advertising illegal packets of cigarettes for sale in a glass cabinet. On Friday, more than 24 hours after Balga Gifts was exposed, the Princess Road business was still thriving with scores of customers seen purchasing illicit cigarettes from the store. The Department of Health did not respond to questions around whether it planned to send compliance staff to the Balga business to conduct an inspection. WA Police were also contacted for comment but no response was received by deadline. Metcash, which owns the Cellarbrations brand, has confirmed an internal investigation is underway into the independently owned Clarkson bottle shop over the sale of illicit cigarettes. “Metcash takes allegations of illicit tobacco sales extremely seriously,” a spokesperson for the company said. “We act decisively wherever illicit tobacco activity is suspected or identified within our network. Protecting our communities and safeguarding the integrity of our brands remain our highest priorities. “Metcash’s retail banner group, Independent Brands Australia (IBA), regularly communicates with retailers about their legal obligations and monitors stores for any breaches. “We have a comprehensive process for investigating independently owned stores found to be selling illicit tobacco products.